Illinois Injury and Mass Tort Lawyer BlogSafety of Silicone Breast Implant Challenged in Recently Filed California Lawsuit
Johnson & Johnson was named as a defendant in a recently filed product liability lawsuit involving its silicone breast implant product. The action, which was filed in state court in California, alleges that the plaintiff suffered severe injuries as a result of receiving the company’s silicone breast implants. The plaintiff’s alleged injuries include severe muscle pain, nausea, and more.
In 1992, the U.S. Food and Drug Administration banned the use of silicone in breast implants. The agency prohibited their use based on research suggesting that they cause health problems like rheumatoid arthritis. The primary manufacturer of silicone implants faced so many lawsuits at the time that it eventually filed for Chapter 11 bankruptcy. The FDA ultimately required the company to pay a total of $3.2 billion in damages to implant recipients. In 2006, the agency lifted this ban, and Johnson & Johnson became the first company to offer a silicone-based implant product in the years that followed.
The lawsuit is seeking damages based on Johnson & Johnson’s alleged failure to provide sufficient warnings to the plaintiff about the potential side effects and safety of the implants. The plaintiff contended that the silicone implants are prone to leaking, which can cause a host of physical injuries and ailments.
The complaint also alleges that the company did not perform sufficient studies regarding the safety of the silicone-based implants. In support of this claim, the plaintiff cites the FDA regulations and requirements regarding tests that must be done before a product of this type can be brought to market.
To recover in a product liability action, the plaintiff must show that the product in question was designed in an unreasonably dangerous manner, suffered from a manufacturing defect, or failed to include sufficient warnings about its potential risks. Each state has developed a slightly different set of requirements that the plaintiff must satisfy in order to prevail in a product liability claim. In some jurisdictions, for example, the plaintiff must show that the device was more dangerous than a reasonable consumer would anticipate. In other jurisdictions, the plaintiff must show that the alleged benefits of the device are outweighed by the potential risks.
Last year, the company faced another lawsuit filed in California involving similar claims about Johnson & Johnson’s Mentor’s MemoryGel implants. The plaintiff in this lawsuit alleged that the product caused her to experience extreme fatigue and rashes and that her blood became tainted with heavy metals used in the manufacturing of the implants.
At Moll Law Group, our team of experienced trial lawyers has counseled numerous victims and their families regarding claims involving dangerous medical devices. We proudly represent clients across the United States, including in Illinois, New York, Florida, and Texas. We can assist you with each stage of the legal process, including investigation, negotiating with insurance companies, gathering evidence, and ensuring that your rights are protected along the way. To schedule your free consultation, call us now at 312-462-1700 or contact us online to get started.
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