Who Is Liable for Defective Breast Implants?
Who Is Liable for Defective Breast Implants?
When we elect to have breast augmentation surgery, we trust that the implants we receive are up to industry standard and the doctors who perform the surgery abide by their professional standard of care. However, these surgeries not always go as planned. If you receive defective breast implants, you may suffer from significant damages – but you can hold certain parties liable for compensating you for these damages with the help of a breast implant cancer attorney.
The Dangers of Defective Breast Implants
Recently, the Food and Drug Administration (FDA) issued a recall after finding that certain textured breast implants can lead to the development of breast implant associated anaplastic large cell lymphoma (BIA-ALCL). While the cancer is rare, affecting one in every 30,000 patients, hundreds of women have developed BIA-ALCL and several have died from the disease.
The FDA first discovered the link between textured breast implants and BIA-ALCL in 2011 and ordered a full recall in 2019. If you have any of the following implants inside of your body, contact your doctor as soon as possible to discuss any possible symptoms of BIA-ALCL and whether you should have removal surgery.
- Natrelle Inspira Silicone-Filled breast implants
- Natrelle Silicone-Filled breast implants
- Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled breast implants
- Natrelle Saline-Filled breast implants
Defective breast implants can lead to other complications, such as infections, chronic pain, necrosis, and the need for corrective surgery. Depending on the cause of your defective breast implant, you can hold different parties liable.
Potential Damages for Defective Breast Implants
Developing cancer or suffering from other injuries can lead to significant damages to your health, finances, and quality of life. You may need to pay for additional surgeries and medical treatments, and have to stay out of work while in recovery. You could experience chronic pain, emotional trauma, and a reduced quality of life as a result of your defective breast implants.
To recover from your damages, you have the ability to file a defective product lawsuit in civil court to collect compensation for your losses. You can collect both economic and non-economic damages through your claim, depending on the facts of your case.
- Past and future medical expenses
- Lost wages and loss of future earnings
- Funeral and burial expenses in cases resulting in death
- Chronic pain and suffering
- Loss of quality of life
- Medications and disability accommodations
Determining Liability in Breast Implant Lawsuits
The party you hold liable in your defective breast implant lawsuit will depend on the facts of your case. For best results, hire an attorney to help you determine who is at-fault. Most commonly, you can hold either the manufacturer or the surgeon liable for your defective implants.
Most often, you will hold the manufacturer of the defective implant liable in your defective product lawsuit. You can prove the manufacturer’s liability under one of the following conditions.
- That the manufacturer failed to warn you and your surgeon about a particular risk inherent to the implant.
- That the manufacturer sold the implant under dangerous conditions and intended you to use it.
- That the implant breached the manufacturer’s warranty.
- That the manufacturer acted in negligence by failing to ensure that the implant was free from defects.
In cases where the surgeon was at-fault, you will have to file a medical malpractice lawsuit, not a defective product one. You will have to prove that the surgeon in question acted in a way that breached his or her duty of care to you, leading to your injuries as a result of the operation.
You could also hold a distributor or seller of the defective implant liable in your lawsuit, but these defendants are not as common. Hospitals and health care providers do not usually fall under this category.
You can hold many different parties liable for defective breast implants, from the manufacturer to the vendor and everyone else on the supply chain. However, you will need an attorney on your side to assist you with the investigation and determine liability. Contact a defective product lawyer as soon as possible to discuss your legal options.