When a Santa Ana Allergan Implant Recall Lawyer Can Help You Take Action
If you’re looking for an Allergan implant recall lawyer in Santa Ana, here’s what you need to know right away:
- Who qualifies: Women who received Allergan BIOCELL textured breast implants and developed BIA-ALCL, or who had implants removed due to recall-related risks
- What you can recover: Medical bills, surgery costs, lost wages, pain and suffering, and diagnostic expenses
- Where to file: Federal cases are centralized in the U.S. District Court for the District of New Jersey (MDL No. 2921)
- Time limit: Varies by state, typically 2-4 years from diagnosis – act quickly
- First step: Contact Adam Krolikowski Law Firm in Santa Ana for a Free Consultation
In July 2019, the FDA took an extraordinary step – it requested that Allergan voluntarily recall its entire line of BIOCELL textured breast implants and tissue expanders. The reason was serious: a rare but potentially fatal cancer called BIA-ALCL (Breast Implant-Associated Anaplastic Large Cell Lymphoma).
By that point, 573 confirmed BIA-ALCL cases had been reported worldwide. Of those, 481 – about 84% – involved Allergan BIOCELL implants. The FDA found that Allergan’s textured implants carried roughly six times the BIA-ALCL risk of other textured implant brands. At least 33 deaths had been linked to the disease. You can read the FDA safety information here: FDA Breast Implant Recall Information.
For women in Southern California and across the country, this wasn’t just a product recall. It was a life-altering event – involving unexpected surgeries, cancer diagnoses, and mounting medical costs.
If you or someone you love has been affected, a Santa Ana attorney at Adam Krolikowski Law Firm can review your case at no cost to you through a Free Consultation.
Allergan implant recall lawyer basics:
- Can breast implants cause birth defects
- Defective breast implant attorney
- Defective breast implant settlement
Understanding the Allergan BIOCELL Textured Breast Implant Recall with a Santa Ana Lawyer
The history of the Allergan recall is a sobering timeline for many patients in Santa Ana and beyond. While the FDA first identified a potential link between breast implants and a rare lymphoma in 2011, it wasn’t until July 24, 2019, that a formal Class I recall—the most serious type—was initiated.
This recall specifically targeted Allergan’s BIOCELL textured technology. Unlike smooth implants, textured implants have a sandpaper-like surface designed to help the device adhere to the surrounding tissue, preventing it from shifting. However, this very design is what federal regulators and medical researchers now point to as a primary risk factor for developing cancer.
The recall included a vast array of products, primarily under the Natrelle brand name, as well as tissue expanders used in reconstructive surgeries. What makes this case particularly frustrating for many victims is that Allergan continued to sell these products in the United States even after they were pulled from markets in Europe and Canada months earlier. If you are concerned about whether your specific device is covered, a Santa Ana lawyer can help you review your medical records.
For more information on the legal standards involved, you can read about breast implant product liability.
What is BIA-ALCL and Why is it Linked to Allergan? Insights from a Santa Ana Lawyer
BIA-ALCL stands for Breast Implant-Associated Anaplastic Large Cell Lymphoma. It is important to clarify that this is not breast cancer; rather, it is a rare type of non-Hodgkin’s lymphoma, which is a cancer of the immune system.
The cancer typically develops in the fibrous scar tissue (the capsule) and the fluid surrounding the implant. In many cases, if caught early, the cancer can be treated by removing the implant and the surrounding capsule. However, if left untreated, it can spread throughout the body and become fatal.
Why is Allergan at the center of this? Research suggests that the deep “macro-texture” of the BIOCELL surface may cause chronic inflammation or trap bacteria, leading to a sustained immune response that eventually triggers the mutation of T-cells into lymphoma. Statistics show that Allergan devices were involved in a disproportionate number of cases—as of early 2020, 620 out of 733 confirmed cases worldwide were linked to Allergan implants.
If you have been diagnosed, speaking with a Santa Ana lawyer or BIA-ALCL lawyers is a vital step in protecting your rights and ensuring your medical needs are met.
Seeking Compensation with a Santa Ana Allergan Implant Recall Lawyer
When we represent clients in these cases, we aren’t just looking at the cost of the implant itself. The financial and emotional toll of a defective medical device is extensive. Victims often face a “double whammy”: the physical pain of the disease or the fear of developing it, followed by the massive expense of “explant” surgery to remove the dangerous devices.
By working with an Allergan implant recall lawyer, you can seek damages for:
- Medical Expenses: This includes the cost of diagnostic imaging (like ultrasounds and MRIs), pathology fees, and the surgical costs of removing the implants and the scar tissue capsule.
- Lost Wages: Many women have to take weeks or months off work for surgery and recovery, especially if chemotherapy or radiation is required.
- Pain and Suffering: The emotional trauma of a cancer diagnosis or the anxiety of living with a “ticking time bomb” inside your body is significant.
- Revision Surgery: Costs associated with replacing the recalled implants with safer, smooth alternatives.
We offer a Free Consultation to help you understand the full scope of what you might be entitled to. You can learn more about compensation and damages to see how these calculations work in a legal setting.
How an Allergan Implant Recall Lawyer Proves Negligence
Proving that a massive corporation like Allergan (now part of AbbVie) was negligent requires a deep dive into internal documents and manufacturing processes. Our approach involves looking for “smoking guns” in several areas:
- Manufacturing Defects: There are allegations that the manufacturing process for BIOCELL implants left behind silicone particle debris that contributed to inflammation.
- Failure to Warn: Evidence suggests Allergan knew about the elevated risks long before they updated their warning labels or informed the public.
- Reporting Deficiencies: The FDA has previously noted that Allergan failed to properly report adverse events, which could have alerted the medical community to the danger much sooner.
As your Santa Ana attorney, we gather your medical records, pathology reports, and implant ID cards to build a rock-solid case that links your injury directly to these corporate failures.
Filing Your Claim with an Allergan Implant Recall Lawyer
One of the biggest hurdles in any product liability case is the statute of limitations. In California, the general rule for personal injury is two years from the date of the injury. However, in medical device cases, the “discovery rule” often applies. This means the clock might not start ticking until you knew—or should have known—that your implants were the cause of your health problems.
Because these laws are complex and vary by state, you should never wait to seek a Free Consultation. An Allergan implant recall lawyer at our Santa Ana office can help ensure you don’t miss any critical deadlines that would bar you from seeking justice.
The Legal Process and the Allergan MDL: Guidance from a Santa Ana Lawyer
If you decide to file a lawsuit, your case will likely become part of a Multidistrict Litigation (MDL). Currently, federal Allergan cases are consolidated in MDL No. 2921 in the U.S. District Court for the District of New Jersey.
What is an MDL? It is a legal mechanism used to handle thousands of similar cases efficiently. Instead of 900 different judges hearing the same evidence about Allergan’s manufacturing process, one judge oversees the “discovery” phase for everyone. This helps speed up the process and ensures consistent rulings.
As of late 2021, there were nearly 1,000 legal actions pending in this MDL. The court has already denied several of Allergan’s attempts to dismiss these cases, allowing plaintiffs to move forward with claims involving manufacturing defects and failure to warn.
Whether your case stays in local courts or joins the national MDL, having a Santa Ana lawyer or breast implant lawyer who understands these procedural nuances is essential.
Frequently Asked Questions for Santa Ana Clients and Their Lawyer
We know you have many questions during this stressful time. Here are some of the most common inquiries we receive at our Santa Ana office.
What are the symptoms of BIA-ALCL?
Symptoms often don’t appear until 3 to 14 years after the initial surgery. The most common signs include:
- Persistent Swelling: Often caused by fluid buildup (seroma) around the implant.
- Breast Pain: Unexplained tenderness or aching.
- Lumps: A noticeable mass in the breast or armpit area.
- Asymmetry: One breast looking significantly different in shape or size than the other.
- Fatigue and Rashes: General systemic symptoms can sometimes occur.
How long do I have to file a claim?
As mentioned, this depends on your state’s statute of limitations and when you were diagnosed. If you live in Santa Ana, you generally have two years from the date you discovered the injury. However, if you are just now learning about the recall and have symptoms, your window may still be open. Contact a Santa Ana lawyer immediately for a case evaluation.
Which specific Allergan products were recalled?
The recall covers BIOCELL textured models, including:
- Natrelle Saline-Filled textured breast implants
- Natrelle Silicone-Filled textured breast implants
- Natrelle 410 highly cohesive anatomically shaped textured breast implants
- Natrelle Inspira textured breast implants
- Natrelle 133 Tissue Expanders (including the Plus model)
| Recalled Models (Textured) | Non-Recalled Models (Smooth) |
|---|---|
| Natrelle 410 | Natrelle Smooth Silicone |
| Natrelle Inspira Textured | Natrelle Smooth Saline |
| BIOCELL Tissue Expanders | Microcell Implants |
Contact a Santa Ana Allergan Implant Recall Lawyer
Dealing with the aftermath of the Allergan recall can feel overwhelming, but you don’t have to face it alone. At Adam Krolikowski Law Firm, we bring over 25 years of experience to the table, focusing on the kind of complex litigation that other firms might shy away from.
As a dedicated Santa Ana attorney, we are committed to holding medical device manufacturers accountable when they prioritize profits over patient safety. Whether you are dealing with a new BIA-ALCL diagnosis or are facing the daunting prospect of preventative surgery, we are here to provide the compassionate, aggressive representation you deserve.
Don’t let the clock run out on your right to compensation. Contact an Allergan implant recall lawyer at our firm today for a Free Consultation. We will listen to your story, review your medical history, and help you chart a path toward recovery.
Contact a breast implant lawyer in Orange County
If you have questions about other legal matters, such as implant size disputes or unauthorized changes to your surgery, we are here to help with those complex medical-legal issues as well. Reach out to our Santa Ana office today.