What to Know Before You File a Lawsuit
Filing a lawsuit requires extensive preparation. As the plaintiff in a civil case like an Allergan breast implant lawsuit, you have the burden of proof. To prove your case before the court, you’ll need to collect relevant medical records: healthcare appointments, plastic surgery records, follow-up visits, etc. Time plays a factor too. Even though health providers are federally mandated to give you access to your medical records, how long they retain them varies from state to state. In addition, to outline your case for the court, you’ll also need to file standard court documents like complaints or petitions, after serving a summons to the defendant.
Some plaintiffs may think they can manage this process alone, but our experienced team has collectively spent decades litigating these types of suits and can prevent any oversights that could damage your case. Facing billion-dollar pharmaceutical giants like Allergan, with a global reach in dozens of countries, you’re taking on an army of skilled lawyers with nearly limitless financial resources. With McIntyre Law by your side, you can level the playing field. Leave the heavy lifting to us — our team of passionate attorneys won’t rest until you get the compensation you deserve.
What is a contingency fee?
A contingency fee is a way to pay your legal fees without paying anything up front. We get a fixed percentage of any monetary rewards, but only if there are any. That means we don’t get paid unless you do, and how much depends on our performance.
The Statute of Limitations for Allergan Breast Implant Lawsuits
If you were harmed after receiving Allergan textured breast implants, you have a limited amount of time to file a lawsuit and recover damages. This time limit is called the statute of limitations, and it varies depending on where you live. You may have as little as 12 months — starting from when you first discover the defective implant or notice any breast implant cancer symptoms. To ensure your opportunity at getting justice in your case, you must contact an attorney as soon as possible.
What compensation can I get from an Allergan implant lawsuit?
If you are successful with your Allergan breast implant lawsuit you may be entitled to damages. Compensation and reimbursements can include:
- Cash awards
- Medical bills (past and future)
- Pain and suffering
- Lost wages
- Future expenses
Working with McIntyre Law
When patients place their trust in the healthcare establishment only to fall prey to corporate greed and medical malpractice, the results can be devastating, leaving them frustrated, betrayed, and emotionally and financially drained. At McIntyre Law, we understand how you feel, and we’re committed to getting justice for not only you but also all future victims. Your large award is a powerful reminder to deep-pocketed corporate bad actors — making them think twice before casually trading safety for profit.
Are you eligible for compensation after the Allergan breast implant recall?
You may be eligible for compensation if you meet the following two qualifications:
- You’ve received any of the Allergan textured breast implants or tissue expanders that were part of the recent Allergan recall.
- You’ve experienced any breast implant illness (BII) or breast implant cancer symptoms associated with BIA-ALCL, such as persistent swelling or pain near the implant, or you have been diagnosed with BIA-ALCL.
Even if you’re unsure whether you have a case, it’s in your best interest to call and make sure. Our legal experts will evaluate your case, explain your legal rights to you, and determine what compensation you may be due. Calling doesn’t cost a thing. But if you don’t, you may miss out on the compensation that could ease your suffering during a difficult time.
Meet our Allergan Breast Implant Attorneys
Our legal team has decades of experience litigating difficult cases and representing the injured against powerful corporations like Allergan. We know how to win and get the compensation you deserve.
What Are Allergan Breast Implants?
Allergan is a global pharmaceutical giant based in Ireland, with operations in nearly 100 countries. The corporation produces several varieties of breast implants, both saline- and silicone-filled, constructed with either smooth or textured surfaces. These medical devices are used cosmetically for breast augmentation, but they have also widely been used, in conjunction with tissue expanders, in breast reconstruction surgery following mastectomies. The Allergan breast implants recalled most recently were the Biocell line of textured breast implants and tissue expanders.
How were Allergan’s Biocell breast implants defective?
In the FDA’s July 2019 announcement that it was calling for a voluntary Allergan breast implant recall, it revealed that it had analyzed 573 reported cases of BIA-ALCL, including 33 deaths, and found that 481 had reported having Allergan breast implants at the time of diagnosis. Additionally, as noted in the agency’s statement, “12 of 13 deaths occurring in patients with BIA-ALCL where the manufacturer was known occurred in patients implanted with an Allergan breast implant at the time of their BIA-ALCL diagnosis.” Although BIA-ALCL doesn’t develop in all breast implant recipients, the agency found that the risk of developing the rare cancer is six times greater with Allergan’s Biocell textured implants than with other textured implants marketed in the United States.
Allergan recalled its Biocell textured breast implants and tissue expanders, not the smooth-surfaced variety. The increased risk of BIA-ALCL appears at this time to largely be associated with textured breast implants — particularly Allergan textured breast implants, which are macrotextured. The textured surface of breast implants, like Allergan’s Biocell variety, are meant to prevent slippage once inserted in the breast, and to minimize scar tissue. Nevertheless, studies are showing a significantly higher instance of BIA-ALCL in the scar tissue and fluid around Allergan textured breast implants. The FDA concludes, “Continued distribution of Allergan’s Biocell textured breast implants would likely cause serious, adverse health consequences and potentially death from BIA-ALCL.”
What are the risks of keeping recalled Allergan breast implants?
The FDA is still investigating links between breast implants and cancer, and has to date only called for the Allergan breast implant recall. However, not all recipients of breast implants — smooth or textured — have been found to have developed BIA-ALCL. Even with the heightened risk associated with textured implants, the cancer is still rare. If you are not experiencing breast implant cancer symptoms, the FDA recommends that you do not choose to have your implants removed. If you have questions or believe you have experienced any symptoms of BIA-ALCL, consult with your doctor.
Do Allergan breast implants increase cancer risk?
The FDA has reported that Allergan breast implants increase cancer risk among patients, specifically of developing BIA-ALCL, a rare form of non-Hodgkin’s lymphoma (a cancer of the immune system). In fact, the risk is six times greater with Allergan’s Biocell textured implants than with other textured implants marketed in the United States. To be safe, all recipients of Biocell implants and tissue extenders should know the Allergan breast implant cancer symptoms to look for.
Symptoms of BIA-ALCL:
- Swelling of breast
- Pain in breast
- Breast enlargement
- Breast asymmetry
- Lump in breast or armpit
- Overlying skin rash
- Hardening of breast
- Fluid collection around the implant
Is there an Allergan breast implant recall?
There have been multiple Allergan breast implants recalled in other countries, with a worldwide recall affecting the United States happening only very recently. In July 2019, the FDA called for a voluntary Allergan breast implant recall after finding that more than 80% of 573 reported cases of BIA-ALCL reported having Allergan breast implants at the time of diagnosis, with some cases being fatal. However, the medical community has grown increasingly concerned about links between certain breast implants and cancer. In fact, in February 2019, the FDA had issued a letter to healthcare providers, warning of an association between all breast implants and BIA-ALCL, and in December 2018, Allergan had actually suspended sales and withdrawn supplies of its textured implant in Europe. Similar actions have been taken in Canada and Australia, as well, before Allergan’s worldwide recall in July 2019.
Allergan Breast Implant Recall Timeline
FDA approves the first PMA studies for saline-filled breast implants for Allergan and Mentor.
Advisory panel approves Allergan’s PMA for its silicone implants.
FDA approves Allergan and Mentor silicone implants for augmentation, removing the 1992 ban.
FDA issues a warning about anaplastic large-cell lymphoma (ALCL) in women with breast implants.
Weber v. Allergan lawsuit (silicone).
FDA approves Allergan and Mentor’s PMA for an implant that uses more cohesive gel.
Skelton v. Allergan / Cashen v. Mentor lawsuits (silicone).
(December) Allergan suspends sales and withdraws supply of textured breast implants in Europe.
(February) FDA issues letter to healthcare providers, warning of an association between all breast implants and BIA-ALCL.
(July) Upon FDA request, Allergan recalls its Biocell textured breast implants and tissue expanders globally.
How did Allergan breast implants pass safety regulations?
In November 2006, the FDA lifted its 14-year ban on the use of silicone breast implants in augmentation, licensing Allergan as a manufacturer, along with pharmaceutical company Mentor. Today, the FDA continues to monitor trial studies of breast implants, but safety concerns still exist. Most recently, the agency has focused on possible links between breast implants and cancer, specifically textured implants and BIA-ALCL, a rare cancer of the immune system.