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Product Liability Lawyers Helping Victims Injured by Defective Medical Devices
The U.S. Food and Drug Administration has recently identified a possible linkage between breast implants and Anaplastic Large Cell Lymphoma (ALCL). This condition is categorized as an uncommon type of non-Hodgkin's lymphoma. The FDA first identified the potential connection in 2011. In 2016, the World Health Organization (WHO) determined that breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) may develop after a woman receives breast implants. Further investigation by the FDA has turned up 359 medical device reports linking implants to BIA-ALCL. Nine deaths have been reported. If you develop breast implant-associated anaplastic large cell lymphoma following implantation, you should contact the breast implant defect attorneys at Moll Law Group. Billions of dollars have been recovered in various lawsuits with which our product liability lawyers have been involved.
Claims Based on Breast Implant-Associated Anaplastic Large Cell Lymphoma
In 2016, the WHO recognized that BIA-ALCL is an unusual T-cell lymphoma that may develop after breast implants. Lymphoma happens if immune system cells known as lymphocytes grow and multiply out of control. Professional organizations began publishing information to assist doctors in diagnosing and treating people with the disease. Outside the country, regulatory bodies began issuing communications about it. However, information remains somewhat limited with regard to breast implant surfaces and fill types associated with BIA-ALCL, and officials continue to gather information about it.
As of now, of the 359 medical device reports linking breast implants and BIA-ALCL, 231 reports include information about which type of surface the implants had. A significant number of the reports—203—were textured implants, while only 28 were smooth implants. However, many of the reports did not have information about surface texture in prior implants. About 186 implants in the reports were filled with silicone gel, while 126 were saline implants. Our breast implant defect lawyers expect that manufacturers of textured breast implants will conduct biocompatibility testing to see how living tissues interact with textured implants within the year.
The FDA is continuing to collect and analyze information related to breast implants and lymphoma. Among other things, it is reviewing medical device reports, exchanging information with experts, reviewing data from the Patient Registry and Outcomes for Breast Implants and Anaplastic Large Cell Lymphoma (ALCL) Etiology and Epidemiology and the Plastic Surgery Foundation, and reviewing information that manufacturers are including in their professional labels.
If you developed BIA-ALCL after receiving breast implants, you may have grounds to file a product liability lawsuit. You will need to show that the breast implants were defective in at least one of three ways. They may be defective in terms of manufacturing, design, or marketing. Marketing defects are often known as failures to warn. Many people would not have had breast implants if they knew that it might result in lymphoma.
In many states, you may hold a manufacturer strictly liable if you can identify a design, marketing, or manufacturing defect that caused your injuries and damages. In some states, it remains necessary to show that a manufacturer was negligent. In other words, in those states, you will need to prove that the manufacturer owed you a duty of care, breached it, and thereby caused your damages. It may be slightly more straightforward to recover compensation under a theory of strict liability.
The damages that you may be able to recover in a product liability lawsuit include compensation for economic and noneconomic losses. These may include medical bills for the costs of a surgery and related treatment, lost wages, lost earning capacity, loss of consortium, pain and suffering, and loss of enjoyment of life.
Contact a Breast Implant Defect Lawyer to Explore Your Options
If you or a loved one suffered injuries due to breast implant-associated anaplastic large cell lymphoma, the defective medical device lawyers at Moll Law Group can evaluate whether you have a strong basis to bring a lawsuit. Our breast implant defect attorneys pursue claims for injured people all over the country, including in Illinois, Michigan, Ohio, Pennsylvania, Texas, New York, Florida, and California. Call us at 312-462-1700 or contact us by completing our online form for a free consultation.