Who Pays for Breast Implant Recall Surgery?
Who Pays for Breast Implant Recall Surgery?
There are various reasons why a person may need to remove their breast implants. One reason may be that your doctor has determined that doing so is medically necessary. Furthermore, a person may also want to have their breast implants removed if those implants have been recalled. But who pays for breast implant recall surgery?
Needing to have your breast implants removed due to health risks is a real possibility, especially for those who have received textured breast implants. Commonly used after reconstructive surgeries, textured breast implants tend to move around less after placement. However, studies have shown that this type of breast implant leads to a higher risk of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
The US Food and Drug Administration (FDA) has recalled Allergan BIOCELL textured breast implants, though Allergan is not the only company that manufactures these implants. While the chance of developing this cancer is said to be rare, it is deadly if not treated promptly. Contact the Allergan breast implant recall attorneys at Bentley & More, LLP for a free case evaluation.
Key Takeaways: Breast Implant Recalls and Surgery Costs
- The FDA has recalled specific textured breast implants, such as Allergan BIOCELL products, due to a link with a rare cancer known as BIA-ALCL.
- Health insurance providers may cover the cost of implant removal if a doctor deems the procedure “medically necessary,” which often requires a diagnosis or symptoms of BIA-ALCL.
- Manufacturers like Allergan have offered to cover the cost of new implants, but have not typically covered the surgical fees for removal and replacement.
- Legal action, such as product liability lawsuits, may be an option for individuals seeking compensation to cover surgical costs, lost wages, and other damages.
- Significant litigation, including a federal multidistrict litigation (MDL), is ongoing against Allergan, with plaintiffs alleging the company failed to adequately warn about the cancer risks associated with its textured breast implants.
Brest Implant Recall: Who Pays for Removal?
Because textured breast implants are often used in the aftermath of reconstructive surgery, commonly after a mastectomy is performed due to breast cancer, the removal of the implant may be deemed “medically necessary.” If a doctor believes that removing the breast implant is necessary, a patient’s health insurance provider may be obligated to cover the cost of breast implant removal.
Typically, the development of BIA-ALCL will be considered a medically necessary reason to have the implant removed.
This can present a problem for women who have textured breast implants but have not developed BIA-ALCL. The FDA has not recommended the removal of textured breast implants for women who have not shown signs or symptoms of BIA-ALCL. In these cases, a woman’s insurance provider will not likely cover the removal surgery.
Will the Breast Implant Manufacturer Pay?
Recently, two women filed a class-action lawsuit against Allergan, the manufacturer of BIOCELL breast implants. The FDA has issued a recall for these breast implants, and the majority of cases of BIA-ALCL involve BIOCELL implants.
It makes sense that women who have these implants are nervous and may consider having them removed, even if they do not have any signs or symptoms of BIA-ALCL. Why would they want to wait and hope that cancer does not develop? Many of the women with textured breast implants got them after surviving cancer in the first place.
One of the women in the class-action lawsuit against Allergan says that it cost her tens of thousands of dollars to have the implants put in in the first place and then have them removed due to the risk of developing BIA-ALCL. The other woman in the lawsuit says that she has not yet had the implants surgically removed, but that she would never have gotten them in the first place if she knew about the risks of BIA-ALCL.
Allergan has said it would pay for the costs of new implants for those with BIOCELL implants, but that it would not cover the costs of the surgery.
What Are the Costs of Removing Breast Implants?
The average cost of implant removal surgery generally ranges from about $2,600 to $9,000. However, this does not take into account other costs associated with surgery (which can reach into the tens of thousands of dollars), including:
- Surgeon’s fee
- Hospital or surgical facility costs
- Anesthesia fees
- Prescriptions for medication
- Post-surgery garments and bandages
- Medical tests and X-rays
Right now, and pending the outcome of any lawsuits against textured breast implant manufacturers, the cost of removing these implants will fall on the consumer or their insurer.
Recalled Breast Implant Lawsuits
As of 2025, over 1,200 breast implant lawsuits are consolidated in multidistrict litigation (MDL No. 2921) in the District of New Jersey federal court, focusing on Allergan’s Biocell textured breast implants. The litigation alleges that Allergan failed to adequately warn patients and medical providers about the cancer risk and did not properly conduct post-market safety studies as required by the FDA.
The lawsuits also involve state court multicounty litigation (MCL) in New Jersey, where discovery and pretrial preparations, including bellwether trials, are underway. Plaintiffs claim Allergan engaged in misleading marketing while knowing about the cancer risk, and many women with BIA-ALCL linked to these implants seek compensation for medical costs, injuries, and damages. The litigation remains active and continues to accept new plaintiffs diagnosed with BIA-ALCL after receiving recalled Allergan textured implants.
Similar lawsuits and claims are also pending against other manufacturers with textured breast implants linked to BIA-ALCL. These cases often focus on allegations of failure to warn, defective design, and inadequate post-market surveillance.
FAQs: Who Pays for Breast Implant Recall Surgery?
Here are answers to some common questions individuals have when facing the removal of recalled breast implants.
What compensation can be sought in a breast implant lawsuit?
When pursuing a product liability claim, you may be able to seek compensation for a range of damages. This can include the full cost of the removal and replacement surgery, any related medical bills, and wages you lost while recovering. Additionally, compensation may be available for the physical pain and emotional distress caused by the situation.
What should I do if my insurance company denies coverage for implant removal?
If your health insurance provider denies coverage for the removal surgery, you have the right to appeal the decision. An attorney can help you understand the appeals process or explore other options. In some cases, a denial may be a form of insurance bad faith, which is when an insurer fails to uphold its obligations to a policyholder without a reasonable basis.
How does a product liability claim for a recalled medical device work?
A product liability claim holds the manufacturer responsible for putting a dangerous or defective product on the market. To build a case, you generally need to show that:
- The medical device (the breast implant) was defective or carried unreasonable risks.
- You were injured or suffered losses as a direct result of the defect.
- You incurred damages, such as medical expenses or pain and suffering.
These cases are often complex and involve gathering significant medical evidence and records.
Is there a time limit to file a claim for recalled breast implants?
Yes, every state has a time limit, known as the statute of limitations, for filing personal injury and product liability lawsuits. In California, the general statute of limitations for personal injury is two years from the date of injury. However, the “discovery rule” may apply, which means the clock starts ticking when you discover, or reasonably should have discovered, your injury and its cause. It’s important to discuss the specific deadlines for your case with an attorney.
Why might someone pursue an individual lawsuit instead of a class action?
While a class-action lawsuit involves a group of people with similar claims, an individual lawsuit allows your case to be handled on its own merits. This can be beneficial if your injuries and financial losses are significant or unique. An individual claim allows you to tell your specific story and seek compensation tailored to the full extent of your personal damages.
Discuss Your Case with Our Breast Implant Recall Lawyers
If you are facing the difficult decision of removing recalled breast implants, you don’t have to figure out the next steps by yourself. The attorneys at Bentley & More LLP have a proven record of holding corporations accountable and are dedicated to fighting for those who have been harmed by defective medical devices. We are elite trial attorneys who focus on complex, serious injury cases that require litigation and substantial resources. We also welcome referrals from other lawyers whose clients have difficult cases that need a dedicated litigation team.
From our headquarters in Newport Beach, we represent clients throughout Southern California, including Orange County, Riverside, and San Bernardino. Contact Bentley & More LLP today to speak with an experienced personal injury lawyer at (949) 870-3800 or through our online form for a free, confidential consultation to let us help tell your story.
