Step-by-Step Guide to Finding a Breast Implant Lawyer

Why You Need a Breast Implant Lawyer After Complications

A breast implant lawyer helps people harmed by defective implants or surgical mistakes get compensation for their injuries. Here’s what you need to know:

When You Need Legal Help:

• Diagnosed with BIA-ALCL (breast implant cancer)
• Implant rupture or leakage causing health problems
• Surgical errors during your procedure
• Recalled implants that caused complications

Types of Cases:

• Product liability – Suing the implant manufacturer for defective devices
• Medical malpractice – Suing your surgeon for surgical errors or poor care

Potential Compensation:

• Medical bills and future treatment costs
• Lost wages and reduced earning capacity
• Pain and suffering damages
• Costs for corrective surgery

Breast augmentation is a popular cosmetic surgery, but serious complications can occur. Thousands of women became sick after having breast implants containing silicone gel, leading to major class action settlements. More recently, textured implants have been linked to a rare cancer called BIA-ALCL.

When complications arise from defective implants or surgical mistakes, facing manufacturers and their legal teams alone is daunting. This guide explains when you need legal help, what evidence to gather, and how to choose an attorney for these complex cases.

Understanding When You Might Need Legal Help

When breast implant complications arise, you may be dealing with unexpected health problems and mounting medical bills. A breast implant lawyer can help steer these complex personal injury cases, which often involve detailed medical evidence and large corporate defendants. A lawyer’s role is to manage the legal process so you can focus on your recovery. Research from Nolo.com shows that individuals with legal representation often receive higher settlements than those who handle claims alone. An attorney advocates for you, ensuring your story is heard and you seek the fair compensation you deserve.

Common Injuries and Complications Leading to Lawsuits

While breast implants are generally safe, problems can occur due to a faulty product or a medical error. Here are common issues that may lead to a lawsuit:

BIA-ALCL (Breast Implant-Associated Anaplastic Large Cell Lymphoma) is a rare cancer of the immune system that can develop in the scar tissue around an implant. It is most often linked to textured breast implants, particularly certain Allergan models. The FDA has received over a thousand reports of BIA-ALCL. You can find More info about BIA-ALCL here. Key symptoms include persistent swelling or fluid buildup, lumps in the breast or armpit, pain, changes in breast size or shape, and redness or a rash.

Capsular Contracture occurs when the scar tissue around the implant tightens excessively. This can squeeze the implant, causing pain, hardness, and a distorted breast shape. Severe cases may indicate a problem with the implant or the surgical procedure.

Implant Rupture or Leakage can happen with both saline and silicone implants. A saline rupture causes the breast to deflate. A silicone rupture can be “silent,” but the leaking gel can still cause pain, changes in breast shape, or migrate to other tissues.

Implant Malposition is when an implant shifts, rotates, or is placed incorrectly, leading to an uneven or unnatural appearance. This may result from a surgical error or an issue with the implant itself.

Surgical Site Infections are a risk with any surgery. A serious or persistent infection following breast implant surgery may require implant removal and further medical treatment.

Anesthesia Errors, while rare, can have severe consequences, including allergic reactions, brain damage, or death. These mistakes are a serious concern, particularly in private clinics where emergency resources may be limited.

How to Identify Recalled Implants and Key Symptoms

If you have concerns about your implants, the first step is to identify them. Your medical device card, provided after surgery, should list the manufacturer, model, and serial number. With this information, you can check for recalls.

If you don’t have the card, contact your surgeon’s office for your surgical records. If the office has closed, the hospital or surgery center where the procedure was performed should have these records.

The Allergan BIOCELL recall is a major example. In July 2019, Allergan recalled its BIOCELL® textured breast implants and tissue expanders worldwide due to a link to BIA-ALCL. The FDA requested this recall after data showed these specific models had a significantly higher risk of this cancer. You can find details on the FDA’s worldwide recall of certain textured implants.

Even if your implants are not recalled, be aware of the signs of complications. In addition to BIA-ALCL symptoms, watch for constant pain, unusual hardness, or changes in breast shape or sensation. If you notice any of these signs, see a doctor immediately for evaluation.

The Legal Process: Who to Sue and How to File

Navigating the legal system after breast implant complications can be confusing. We’ll walk you through the core concepts, from identifying who is responsible to understanding lawsuit types and critical deadlines.

Potential Defendants in a Breast Implant Case

Determining who is at fault is a crucial first step. Several parties could be held accountable:

If an injury is caused by a flawed implant (e.g., poor design, manufacturing defect, or failure to warn of risks), you may have a product liability claim against the implant manufacturer. Companies are responsible for the safety of their medical devices. The Allergan BIOCELL recall is a prime example where the product itself was found to be unsafe. You can find More info on breast implant product liability here.

If the problem stems from a surgical error or poor post-operative care, you might have a medical malpractice claim against your plastic surgeon. This can include incorrect implant placement, use of the wrong implant type, or failure to obtain informed consent. If you believe your surgeon’s negligence caused your injury, an attorney focusing on these cases can help. Surgical errors attorney information can be found here.

In some cases, the hospital or surgical center may share liability. This could be due to unsanitary conditions causing an infection, faulty equipment, or negligence by facility staff like nurses or anesthesiologists.

A skilled breast implant lawyer will investigate your case thoroughly to identify all potentially responsible parties.

Class Action vs. Individual Lawsuits

When many people are harmed by the same product, there are two main legal paths: class action lawsuits and individual lawsuits.

Class action lawsuits group many people with similar injuries from the same source into a single lawsuit. This can be an efficient way to resolve numerous claims at once, such as the $25 million U.S. settlement in a breast implant class action with Dow Corning. However, the settlement is divided among all plaintiffs, so individual payouts may be smaller.

Mass tort actions are similar but treat each plaintiff’s case individually within the larger group. This allows for more personalized compensation based on the severity of your specific injuries, which is common in defective medical device cases where outcomes vary widely.

Individual lawsuits are filed by you alone against the responsible party. This approach offers full control over your case and may lead to higher compensation custom to your specific losses, though it can be more time-consuming.

Our team can help you determine which approach is best for your situation.

Critical Time Limits: The Statute of Limitations

One of the most important factors in any personal injury claim is the statute of limitations, a strict legal deadline for filing a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation.

The time limit varies by state and claim type (product liability vs. medical malpractice). For many states, the statute of limitations for medical malpractice is two years. However, the clock often starts not on the date of surgery, but when you finded, or reasonably should have finded, the injury and its cause. This is known as the “findy rule.”

For example, if you were diagnosed with BIA-ALCL five years after your surgery, the statute of limitations might begin from the date of your diagnosis, not the surgery date. Because these deadlines are complex and absolute, it is crucial to speak with a breast implant lawyer as soon as you suspect you have a claim to protect your legal rights.

Building Your Case: Evidence and Potential Compensation

Once you decide to pursue a claim, the next step is to build a strong case with compelling evidence. This involves gathering all the necessary information to prove what happened and understanding the types of financial compensation you may be entitled to receive.

Evidence Needed to Prove Your Claim

Building a case requires several key pieces of evidence to create a clear picture of your experience and losses.

• Medical Records: These are the foundation of your case. They include consultation notes, surgical reports, follow-up appointments, test results (MRIs, biopsies), and records of any treatment for complications.
• Implant Identification: Knowing the manufacturer, model, and serial number of your implants is vital, especially in product liability cases. This information is typically on your medical device card or in surgical records.
• Photos and Videos: Visual evidence documenting your injury over time can be very powerful. Photos can show visible symptoms, scarring, and the results of corrective surgeries.
• Expert Opinions: In complex cases, we may consult with medical or engineering professionals. Their testimony can help explain how the standard of care was breached or why a product was defective.
• Proof of Financial Losses: This includes all documentation of your expenses and lost income, such as medical bills, receipts for medication, pay stubs, and tax returns.

An experienced breast implant lawyer has the resources to gather, organize, and present this evidence effectively, taking the burden off you.

Types of Compensation in a Breast Implant Lawsuit

In a lawsuit, you seek “damages” to compensate you for your losses. The goal is to help restore you to the position you were in before the injury. You may be able to recover several types of compensation:

• Medical Expenses: This covers all past and future medical costs related to your injury, including corrective surgeries, hospital stays, doctor visits, medication, and physical therapy.
• Lost Wages and Earning Capacity: If your injury kept you from working, you can claim lost income. If your ability to earn money in the future is diminished, you can also seek damages for that loss.
• Pain and Suffering: This compensates you for the physical pain and discomfort you have endured and may continue to experience due to the injury.
• Emotional Distress: This covers the psychological impact of your injury, such as anxiety, depression, fear, and loss of enjoyment of life.
• Loss of Consortium: In some cases, your spouse may be able to claim damages for the negative impact on your relationship, such as loss of companionship or intimacy.
• Punitive Damages: In rare instances where a defendant’s conduct was exceptionally reckless or malicious, a court may award punitive damages to punish the wrongdoer and deter similar behavior.

For more detailed information on potential compensation, you can read more here. Our goal is to ensure all your losses are accounted for to provide the financial stability you need to move forward.

How to Choose the Right Breast Implant Lawyer

Finding the right legal representation is a critical step in your journey. A qualified breast implant lawyer can manage the complexities of your case, allowing you to focus on your health and recovery.

Key Qualities to Look for in a Breast Implant Lawyer

When choosing an attorney for a breast implant case, look for specific strengths and qualities:

• Relevant Experience: Seek a law firm with a history of handling medical device and medical malpractice claims. An attorney familiar with defective implant cases will understand how to prove causation and negotiate with large corporations.
• Contingency Fee Basis: Most reputable personal injury firms work on a contingency fee basis. This means you pay no upfront legal fees, and the attorney is paid a percentage of the compensation they recover for you. If you don’t win, you don’t owe a legal fee.
• Access to Resources: Successful lawsuits often require significant resources, including funds for expert witnesses (like doctors or engineers) and thorough investigations. A well-resourced firm can build a stronger case without creating a financial burden for you.
• Clear Communication: You are going through a difficult time and need a lawyer who communicates clearly and regularly. Choose a firm where you feel comfortable asking questions and are confident you will be kept informed.

Steps to Take When Hiring Your Breast Implant Lawyer

Here is a practical guide to help you find the right legal partner:

• Research Online: Look for law firms that feature “breast implant lawsuits,” “medical device litigation,” or “medical malpractice” on their websites.
• Schedule Free Consultations: Most firms offer a free initial meeting. Use this opportunity to discuss your case and see if the attorney is a good fit.
• Prepare Questions: Before your meeting, list your questions. Ask about their experience with similar cases, the potential strengths and weaknesses of your case, the expected timeline, and how they will keep you updated.
• Understand the Fee Agreement: Ask for a clear explanation of the contingency fee percentage and any other costs that may be deducted from your settlement.
• Trust Your Instincts: Choose an attorney you feel comfortable with. You will be working closely with this team, so it’s important to select someone who makes you feel heard and respected.

Frequently Asked Questions about Breast Implant Lawsuits

It’s normal to have many questions when considering a breast implant lawsuit. Here are answers to some of the most common questions we receive.

How much does it cost to hire a lawyer for a breast implant case?

Most personal injury lawyers who handle these cases work on a contingency fee basis. This means you pay no upfront fees. Our payment is a percentage of the compensation we successfully recover for you through a settlement or court award. If we don’t win your case, you typically owe us no legal fee. This arrangement ensures that your financial situation does not prevent you from seeking justice. Case-related expenses, like filing fees, are usually covered by the settlement.

How long does a breast implant lawsuit take?

The timeline for a breast implant lawsuit varies, ranging from several months to a few years. The duration depends on the case’s complexity, the defendant’s willingness to settle, and court schedules. While some cases resolve in under a year, many cosmetic procedure injury cases take approximately 12 to 24 months to conclude. We will keep you informed of your case’s progress every step of the way.

Can I sue if my surgery was for cosmetic reasons and not reconstruction?

Yes, absolutely. Your right to a safe medical device and competent medical care is the same whether your surgery was for cosmetic improvement or reconstruction after a mastectomy. The law protects all patients from defective products and medical negligence. If you were harmed by a faulty implant or a provider’s error, you have the right to pursue a claim regardless of the reason for your surgery.

Taking the Next Step Toward Justice

Dealing with a breast implant injury can be overwhelming, but you do not have to face it alone. Understanding your legal rights and acting within the required time limits are crucial first steps. Having the right legal guide can make all the difference.

For those in Orange County, the Adam Krolikowski Law Firm is here to help. With over 25 years of experience in personal injury claims, we are prepared to handle complex cases that other attorneys might avoid. Our firm provides thorough and caring legal help for accident victims, ensuring your situation receives the dedicated attention it deserves.

We believe in fighting for your rights to help you get the justice and financial support you need to move forward. Please reach out to explore your options.

Ready to talk? Contact an Orange County Breast Implant Lawyer for a free case evaluation.