Less than a month after textured breast implant manufacturer, Allergan, announced its voluntary recall, two women have filed a class-action lawsuit against the company. On July 24th, Allergan recalled certain textured breast implants and tissue expanders. On July 30th, Allergan announced it will pay to cover the cost of a new implant itself, but will not cover the cost of the surgery to remove and replace them.
The two women who have filed the lawsuit allege that Allegeran was aware of the increased risk of developing BIA-ALCL and dismissed and downplayed the potential risks. Like many others, these two women have spent large sums of money unbeknownst to them that the product could increase their risk of developing cancer. The class action seeks to compel Allergan to cover the costs associated with explanting the recalled product and replacing them with a safe option.
The lawyers at Sullivan & Brill, LLP are currently representing women that have been implanted with these recalled breast implants and are investigating the strength of their legal claims. No one should have to deal with the anxiety and stress of living with a recalled product inside their bodies. A medical device manufacturer has a duty to ensure that the device is reasonably safe for its intended purpose and to warn consumers of the risks of which it is aware. If the medical device is not suited for its intended purpose or if the manufacturer is aware of risks, but does not warn of these risks, the company should be held responsible for the harm the device causes.
For a free consultation on whether you have a viable claim, call 212-566-1000 or complete the form on the right and one of our attorneys will contact you.