For decades, breast implants have been thought to be linked to breast cancer. In 2019, the FDA required Allergan, a popular breast implant manufacturer, to recall their textured breast implants and tissue expanders due to an established link to a rare cancer.
Allergan’s products have been linked to the development of a type of Non-Hodgkin’s Lymphoma called Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL). Because of the popularity of these implants, hundreds of thousands of women have been put at risk for developing cancer.
Women are reporting symptoms that include breast pain and swelling, fluid accumulation at the implant site, skin rashes and lumps or masses.
BIA-ALCL on average, takes up to 9 years to manifest as cancer, after the implant surgery. Continued and frequent cancer screenings is recommended.
The FDA has also recommended against removal surgery unless the recipient has been diagnosed with cancer, or is experiencing these symptoms.
Women were not warned of these side-effects.
Allergan had been required by the FDA to complete safety studies after their product went on the market, as a condition of the approval. But Allergan did not complete the studies. Further, they did not warn women of the potential risk of cancer, when it became apparent to them.
Instead, Allergan offered their patients the Confidence Plus Warranty Program, which offered women reimbursement for cancer testing, some reimbursement for cancer treatment and free Allergan replacement breast implants.
In exchange for this warranty program, women were asked to sign a release of all claims against Allergan. This surrendering of rights was not always made clear to the women.
Allergan products are responsible for over 80% of the reported breast implant-related cancers.
If you have been diagnosed with BIA-ALCL, or have had your Allergan textured breast implants or tissue expanders surgically removed, you may be entitled to compensation.
The lawyers at The Yost Legal Group can help you find answers.