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Who is Liable for Defective Breast Implants?

Many opt for breast augmentation surgery for cosmetic benefits, but most patients fail to consider what will happen if their breast implants are defective. A defective implant can lead to a variety of medical issues, which further puts an emotional and financial burden on the patient.

Both surgeons and implant manufacturers can be at fault for defective medical products and for the subsequent expenses. A victim suffering from flawed breast implants is encouraged to contact a defective medical device lawyer to secure their entitled compensation.

What are the Dangers of Defective Breast Implants?

Defective breast implants can lead to a variety of health issues for a patient. In fact, the Food and Drug Administration (FDA) issued a recall on certain textured breast implants because of the potential medical issues that could occur. One medical issue that victims have experienced is the development of anaplastic large cell lymphoma. Hundreds of defective breast implant victims have developed this disease and several have even died. These deaths ultimately led to the FDA fully recalling these products in 2019. Those who have breast implants are encouraged to contact their doctor to determine if they need a removal surgery if they are at risk.

Anaplastic large cell lymphoma is not the only medical issue a defective breast implant can cause. It can lead to more complications, including:

  • Infections
  • Chronic pain
  • Rupture and deflation
  • Connective tissue disease
  • Problems with breastfeeding
  • Reproductive problems

Defective breast implants can lead to a variety of losses, such as:

  • Expensive medical bills
  • Lost earnings from missing work
  • Chronic pain and suffering
  • Medications or therapies
  • Implant removal surgery
  • Funeral expenses in the event that the patient dies
  • Loss of enjoyment of life
  • Pain and suffering

Those who suffer from these medical issues are entitled to compensation for their injuries and ailments. To do this, they should contact a defective medical device lawyer to represent their best interests and to help alleviate the financial and emotional losses related to the flawed implants.

Possible Claims

Identifying which party is liable for a defective breast implant depends on the nature of the case, but a victim can usually hold either the surgeon or the product manufacturer liable for their injuries and losses. While both of these parties play an important role in the patient’s overall experience, the breast implant manufacturer is usually at fault. This is because many breast implants are considered defective before implantation.

To prove that the product manufacturer is liable, the victim must prove that there was one of three possible defects:

  • Defective Manufacturer: This indicates that the product was damaged during the manufacturing process prior to the implantation.
  • Defective Design: A product with a defective design indicates that the product’s design itself was poorly executed.
  • Defective Marketing: A product that is poorly marketed indicates that the sales representative for the manufacturer failed to warn the hospital or doctor of the potential risks.

A doctor has a responsibility to tell their patient about the risks of getting breast implants. If the surgeon failed to do this, they could be considered liable for the patient’s losses. The surgeon could also be held liable if they failed to properly insert the breast implants and it led to further health complications; this could ultimately be considered medical malpractice. All medical professionals have a duty of care to their patients. A victim has to prove that their surgeon breached this duty of care.

The hospital or health clinic is another party that could be held liable for the patient’s health complications after breast augmentation surgery. This is because all hospitals have a duty of care to their patients as well.

How is Liability Proven in Defective Medical Products Cases?

Medical products liability cases are often complex, but a lawyer can help. To prove liability against the manufacturer, the patient must prove that they:

  • Failed to warn the hospital or doctors about any potential health risks associated with the implants.
  • Breached the manufacturer’s warranty.
  • Failed to take care during the manufacturing process, leading to the damaged product.

To prove liability against the surgeon or doctor, the patient must prove that the doctor failed to warn the patient about the health risks associated with the implants and failed to properly implant the product.

What Should I Do if I Have Defective Breast Implants?

Those with defective breast implants are likely facing both emotional and financial losses. Financial losses may include losing work pay and expensive medical bills, therapies, and medical treatments. Emotional losses may include pain and suffering or loss of quality of life. In order to reduce these burdens, the patient should contact a defective medical device lawyer.

A defective medical device lawyer can help a victim suffering from health complications by securing the damages that can help alleviate the financial and emotional losses. A lawyer can also help a patient determine who is considered liable as well. A lawyer may determine that more than one party is at fault, which can ultimately maximize the total damages and lead to a bigger settlement offer.

The total settlement offer the victim can expect depends on multiple factors, including the severity of the health complications and the expenses they received as a result of the defective device. The victim’s lawyer can also advocate for the product manufacturer to pay punitive damages for their negligence. These punitive damages will ultimately increase the total settlement while holding the guilty party accountable for their actions.

The lawyer may encourage a victim to join a class action lawsuit against a manufacturer that has multiple claims against them. Since defective breast implants are common, a victim may be able to join a class action lawsuit against the company.

Philadelphia Defective Medical Device Lawyers at Brookman, Rosenberg, Brown & Sandler Help Victims of Defective Breast Implants Get Compensation

If you are suffering from the harmful effects of flawed breast implants, contact a Philadelphia defective medical device lawyer at Brookman, Rosenberg, Brown & Sandler. Product manufacturers have a responsibility to warn patients and surgeons of any harmful effects that could occur. If they failed to do this, they can be held liable for the patient’s injuries and losses. For more information and a free consultation, contact us online or call us at 215-569-4000. Located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.