Researchers Sound Alarm over Breast Implant-Related Lymphoma
As of late 2022, Allergen and other textured breast implants have caused hundreds of cases of breast implant-associated anaplastic large-cell lymphoma (BIA-ALCL) in the United States alone. So far, eight people have sadly lost their lives because of this cancer.
“BIA-ALCL is a heterogeneous disease that can involve the implant capsule, soft tissue, regional nodes but distant sites as well,” remarked Kelly K. Hunt, MD, of the University of Texas MD Anderson Cancer Center in Houston. She continued, “Complete capsulectomy is really important for local control and survival. Especially for patients who present with effusion, it is important to interrogate those and make sure the patient gets treated as early as possible because that can be curative.”
At the behest of the FDA, Allergen stopped selling the implants in question. However, the FDA did not advise women with these implants to have them surgically removed.
FDA Recalls
Once upon a time, the Food and Drug Administration (FDA) was an effective watchdog agency that ensured food, drugs, and other such consumer products were safe. Those days are gone. Now, it feels as though the corporations themselves control what they market and release.
The FDA no longer has the power to unilaterally recall dangerous products. It can only publicly pressure companies to voluntarily recall them. In some cases, it can order companies to beef up product warnings. Periodically, lawmakers introduce bills that would expand the FDA’s power in this area. Drug company lobbyists and their political allies quickly kill these bills.
So, for the foreseeable future, the present system will remain in place. This current system seems hopelessly broken.
The FDA is not an independent agency. Industry-paid user fees provide almost half of its budget. Rather understandably, these bureaucrats do not want to bite the hand that feeds them. Product recalls mean lower sales and fewer user fee payments.
Additionally, a psychological phenomenon known as “cognitive dissonance” often comes into play. Many people have a hard time admitting when they make mistakes. The FDA approves new products and issues safety recall notices. In a way, it seems like a conflict of interest.
If a previously approved product is found to be compromised, the same company that approved said product based upon its own research and findings is also the same company that has to claim it made errors and declare the product unsafe.
When bureaucrats do not protect you, the experienced defective breast implant attorneys at The Yost Legal Group must take up the mantle. Furthermore, only an attorney can obtain fair and proper compensation for victims. Product recalls do not do that.
Your Claim for Damages
To obtain this compensation, we have some options. Defective products and failure to warn are the two most common litigation avenues.
Usually, manufacturers are strictly liable for the injuries their defective products cause. The issue could be the following:
- Design Defect: Allergan textured implants have many benefits, especially for women who have had mastectomies. But Allergan’s textured breast implants are designed to adhere to the inner tissue, which makes them appear more natural. In prioritizing this cosmetic feature, they failed to prioritize safety. The scar tissue at the incision site reacts to the textured implant. This is where the cancer forms.
- Manufacturing Defect: Frequently, companies use cheap, imported parts during the manufacturing process. These parts often come from countries that do not have strict product safety laws, which is the main reason they are so cheap. Manufacturers are responsible for product safety, no matter where the components come from.
- Failure to War: Through their own continued research, companies can become aware of their defective products years, even decades, in advance of product recalls and mass tort litigations. In this case, they choose to hide or obfuscate or completely ignore the truth while people suffered and maybe even died.
Legal causation is usually hard to prove in these cases. However, there is ample evidence that points to the textured implant-lymphoma link. During these proceedings, manufacturers like Allergen call “experts” to the stand who convincingly testify that their product is safe.
But cause is a little easier to prove in a failure to warn case. Victims/plaintiffs must prove the company did not adequately warn people, not that the product caused the injury. However, these victims must also prove that the company was negligent or that it failed to use ordinary care.
Experienced Allergan Breast Implant Attorneys Are on the Job
If you or a loved one developed breast cancer after having Allergan breast implants, we want to help you get the justice you deserve. For a free consultation with an compassionate Allergan breast implant attorney, contact The Yost Legal Group today: 1-800-967-8529.