Defective Breast Implant Claims in Missouri
Breast augmentation is meant to increase a patient’s confidence, but sometimes, defective implants can cause permanent scarring and increase the likelihood of cancer or other conditions. If you have had breast augmentation and experienced leakage, severe breast pain, or misshapen breasts post-operation, this could indicate a defective implant. If you are thinking about filing a defective implant claim in Missouri, you need The Dixon Injury Firm to defend your claim. Our St. Louis defective implant lawyers are aggressive when fighting for the rights of victims and won’t back down until you are satisfied with the results of your claim.
About Defective Implants
Every year, more than 300,000 women undergo breast augmentation. Like other medical procedures, there is always the risk of defective equipment or implant defects. If you have even the slightest worry that your implant might be defective, it is vital to seek immediate medical attention.
Defective implants can cause permanent scarring, leakage, painful swelling, and in some cases, cause BIA-ACL or other serious conditions. After getting treatment from a medical professional, you should consult a lawyer about the physical, emotional, and financial harm that was caused by the defective implant. Most of the time, with a medical report, proof of damages, a compelling claim, and an experienced St. Louis defective implant lawyer, victims can recover compensation for medical expenses, pain and suffering, lost wages, and other general and special damages caused by their defective implants.
Symptoms of a Defective Implant
The safety of breast implants has been under debate for years. Some medical professionals believe that the type of implant used (silicone vs. saline) is what causes complications, while others claim that the texture of implants (textured vs. smooth) is responsible.
While there isn’t a definitive answer to what causes BIA-ACL, breast implant sickness, and other conditions linked to defective implants, the most common symptoms of a defective implant include:
- Breast pain or numbness
- Unevenness or a sudden change in the appearance of implants
- Leaking or swollen breasts
- Lumps surrounding the implant or in areas approximate to the implant
- Hardening of implants typically accompanied by severe breast pain or tightness of the chest
While breast implants aren’t meant to last a lifetime, and over time lose shape, soften, and decrease in quality, this shouldn’t happen for at least seven to twelve years after insertion. Similarly, if you experience pain, numbness, or leaking of any sort, this is considered abnormal and should be assessed by a medical professional as soon as possible.
Risks Associated with Breast Implants
Breast implants aren’t designed to last a lifetime, but generally, patients can leave breast implants inserted for 7 to 12 years before requiring removal or replacement. According to the National Center for Health Research, “46 percent of women with silicone gel implants and 21 percent with saline implants underwent at least one re-operation within three years,” which is long before the expiration date for breast implants. The most commonly linked conditions to breast implants include cancer (specifically, Non-Hodgkin’s Lymphoma), Fibromyalgia, and infection.
Other risks associated with breast implants include:
- Ruptures, tears, or leakage
- Capsular contracture, which is scar tissue that squeezes the implant
- Severe breast tenderness and pain
- Permanent scarring or changes in nipple/breast sensitivity
- Fluid buildup and dismorphing of the implant/breasts
If you have noticed any of the above symptoms or have been diagnosed with cancer, and have breast implants, it’s essential to consult an attorney about your situation immediately and have a trusted medical physician monitor your condition.
Lawsuits Linking Breast Implants with Cancer
Breast implants have long been the subject of medical malpractice and personal injury lawsuits. But, while the link to cancer and other conditions has been researched for years, the link between Allergan textured breast implants and non-Hodgkin’s lymphoma was confirmed in July. According to the FDA, there was a significant increase in the amount of breast implant cancer claims in February. The FDA has since closely monitored the situation, but in July, the organization issued a recall of the implants after a class-action lawsuit was filed against the global pharmaceutical company, Allergan, that manufactures the devices.
Defective Implant Claims
If a breast implant is defective, you likely have grounds for a lawsuit against the surgeon that performed the surgery, or the manufacturer of the implants. Defective implant claims aren’t uncommon; implants have a significant chance of rupturing during or after insertion. In a 2013 study, it was found that 51 to 64% of implant ruptures were caused by surgical instruments during the initial implant surgery. It has also been identified that textured silicone breast implants are linked to a rare form of non-Hodgkin’s Lymphoma called BIA-ACL.
While a link between implants and cancer has long been suspected, it wasn’t confirmed until February of 2019, when over 500 women came forward with cancer-related implant claims. The FDA has since closely monitored the situation, requested that global pharmaceutical company Allergan remove their BIOCELL textured breast implants from the market, after 481 of the 573 textured breast implant claims, and 12 out of 33 deaths, were attributed to Allergan textured breast implants.
That same year, a class-action lawsuit was brought against Allergan by investors. Victims of defective Allergan implants are encouraged to join the suit and recoup some of the damages they experienced because of the implants. However, victims of non-Allergan defective implants should also come forward and speak with a St. Louis defective implant lawyer to determine if they can recover compensation.
Defective Implant Lawsuit FAQs
The attorneys at Dixon Injury Firm offer high-quality service to clients who suffered serious injuries due to defective Allergan breast implants or those manufactured by other companies. We offer guidance and are sure to answer all your questions that relate to your circumstances. Below we address and answer the most frequent questions about defective implant cases. To discuss your specific concerns or situation, reach out to our firm directly for a case evaluation.
What must a client prove to be successful in their defective implant claim?
When professionals recommend a medical device or product, you should trust that the product is safe for use. It should have passed through regulatory and safety testing and approval procedures, and doctors recommending the product should account for its safe use. When the product fails or is overly dangerous, you can hold the company liable for your losses, but you must first prove your claim to obtain the compensation you deserve.
Proving a defective implant case involves demonstrating that:
- The implant was defective or had unreasonable risks when the manufacturer sold it
- The implant reached you in the same condition it was previously in
- The implant harmed you when you used it appropriately
Medical devices are complicated, and these cases often require expert analysis and testimony to prove the above elements of your claim.
After you prove liability for the defective implant, you need to prove your damages. You cannot ask for a random amount and expect the manufacturer to hand it over.
Instead, our lawyers know how to prove all your losses, which might include:
- Medical expenses for otherwise unnecessary treatment
- Lost income due to your injuries or cancer diagnosis
- Pain and suffering
- Permanent injuries
The losses you can seek will depend on your injuries, including whether an implant caused non-Hodgkins lymphoma or another type of harm. If your family lost a spouse, child, or parent due to a defective implant and related cancer or other deadly conditions, we can help you seek damages for wrongful death.
What does it cost to hire an attorney for a defective implant case, and what should clients look for?
At Dixon Injury Firm, we accept all product liability cases on a contingency basis, including defective implant claims. This fee arrangement means that the attorney’s fee will be a calculated percentage of the amount you recover at the end of the claim. If you recover nothing from your claim, you do not owe anything.
While many different attorney options exist, it is essential to know what separates the attorneys who have the skill set to handle your medical malpractice and those who don’t.
The main factors to keep an eye on are:
- Resources necessary to litigate the claim – Defective implant claims are costly. Gathering evidence and obtaining the experts to assist with your case can cause expenses to mount quickly. Qualified attorneys must have the resources necessary to cover the costs. Look at lawyers who have experience and a record of success to ensure superior preparation and litigation for your case.
- Experience – Product liability is a complex legal area that requires proper attention to detail, so having someone to represent you with ample experience is a must.
- Dedication and diligence – Another factor you want to consider is an attorney who dedicates a large portion of their practice to representing plaintiffs with medical negligence and defective product claims. Dixon Injury Firm attorneys take these matters seriously and work to present your case professionally and persuasively. We always take the time to keep you informed of the status of your case. Ensure the attorney you select can also offer you the individual attention you need.
- Results – Lastly, seek an attorney with a positive reputation for achieving the maximum recovery for clients. In most instances, defendants in product liability claims hire skillful defense attorneys who work hard to prevent their clients from having to pay injured victims. An attorney with a history of securing six and seven-figure results for clients is a highly attractive quality that you should seek for handling medical malpractice cases.
Will defective implant lawsuits go to court?
There is always a chance that a defective implant action will proceed to court. A lot of the time, though, cases settle without going to trial. It is best to take the necessary steps for preparation ahead of time.
Our team always works to negotiate with implant manufacturers like Allergan and their insurers, trying to reach an agreement for a fair settlement. A reasonable settlement will cover all of the losses you can prove. Many times, insurance companies will accept the policyholder’s liability and agree to a settlement that resolves the claim.
If an insurance company and implant manufacturer deny liability or challenge the extent of your losses, they will not offer a fair settlement amount. In these situations, our lawyers can go to bat for you in court. We are experienced litigators who stand up to corporate defendants for our clients.
Why consider Dixon Injury Firm for your defective implant case?
Dixon Injury Firm takes pride in delivering legal service and never losing focus on our clients’ interests. We exclusively represent those who sustain injuries and families who lose loved ones due to wrongful death. Our attorneys have an outstanding record of success in representing clients. We strive to never disappoint and deliver on that promise when we take on new cases, including those for medical malpractice or defective medical products.
If you believe that you have a defective breast implant that caused you cancer or another serious medical problem, you want our firm to stand up for your rights. We take on large medical product manufacturers and pharmaceutical companies regularly on behalf of our clients.
Some law firms take whatever they can get from large corporations and their insurers, but our lawyers stick around and fight for what our clients truly deserve. Contact our team for more information about your legal options and our services today.
Talk to Our Defective Implant Lawyers in St. Louis Today
If you or someone you love suspects that their implants are defective or weren’t inserted correctly, The Dixon Injury Firm is ready 24/7 to help victims identify their right to compensation. Our defective implant lawyers in St. Louis can protect your rights, gather evidence of the other party’s malpractice, and bring a compelling suit for your situation.
It can be challenging to file a claim against a large manufacturer or hospital, but you deserve compensation for the harm that was caused by another person’s negligence. Christopher Dixon isn’t afraid to stand up against the other party’s insurance company and demand compensation for damages that someone else is responsible for. Chris Dixon understands the toll that steep medical expenses, scarring, and disfigurement can have on a victim, and is devoted to aggressively fighting for the most compensation for your case.
The Dixon Injury Firm
9666 Olive Blvd #202,
St. Louis, MO 63132
Phone: (314) 208-2808
I highly recommend Chris Dixon to anyone dealing with a personal injury case. He was there every step of the way, he was prompt and easy to get a hold of at any time during this process. He is very educated and highly skilled in his field and helped me receive the best medical attention possible. If you’re looking for the best personal injury in St. Louis, look no further. Chris Dixon, in my eyes, is the best!
– Ryan B.