Textured Breast Implants And The Risk Of Cancer

October 12, 2021 / 8:54 am

Women get breast implants for two reasons – enhancement or reconstruction.

Over the years various manufacturers of breast implants have been held accountable to the recipients when the implants were defective in some way or caused an illness that was not anticipated.

The earliest reported case of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) was in 1997. As of 2020, there had been 733 confirmed cases of BIA-ALCL worldwide including 36 deaths.

Allergan Pharmaceuticals is the manufacturer of breast implants most often linked to incidents of BIA-ALCL. In particular, recipients of Allergan’s Biocell textured breast implants are most likely to develop cancer.

Due to the high incidence of BIA-ALCL in recipients of its textured breast implant, Allergan voluntarily recalled the Biocell textured implants in July of 2019. The recall leaves many women who already have textured breast implants wondering what they should do.

At Colson Hicks Eidson, our Miami Allergan breast implant attorneys help people who have been damaged by defective breast implants. We routinely let manufacturers know that if they produce defective products that cause harm to consumers they can expect severe consequences.

What is a Textured Breast Implant?

The shell of breast implants can be either textured or smooth.

  • Breast implants with smooth shells are round.
  • Breast implants with textured shells are teardrop-shaped.

The textured surface is designed so that body tissue grows into the surface of the implant to keep it from slipping. Textured implants are less commonly used than round implants.

How Textured Breast Implants Cause Cancer

Although it is not known why the textured breast implant causes BIA-ALCL, cancer develops in a similar place in all breast implant recipients. BIA-ALCL is a form of non-Hodgkin lymphoma that forms in the scar tissue and fluid near the implant.

Even though BIA-ALCL can spread and cause further damage to the body – including death, the cancer is often successfully treated with the removal of the breast implant and surrounding scar tissue.

What to Do if You Have a Textured Breast Implant

The risk of developing BIA-ALCL is still extremely low. There are up to 11 million women in the world with breast implants, yet less than 10 women are diagnosed with BIA-ALCL each year. It is generally not recommended to have a textured breast implant removed if you are having no issues with it.

It is important to monitor the implant and surrounding area for any of the following symptoms which may indicate a problem. Symptoms may not develop until many years after insertion of the implant.

  • Excessive fluid retention
  • Pain
  • Swelling
  • Changed appearance
  • Lumps
  • Rash
  • Hardening of breast tissue

For a period of time following the recall of the Biocell textured breast implants in 2019, Allergan agreed to provide smooth replacement breast implants for those who were asymptomatic but chose to remove the textured implants. However, Allergan would not cover the cost of the surgery to remove and replace the implants.

How You Can Recover If You Acquired BIA-ALCL From A Breast Implant

If you got a textured breast implant from Allergan or another manufacturer and you were diagnosed with breast implant-associated anaplastic large cell lymphoma, you can make a product liability claim against the manufacturer of your breast implant. You can recover the costs you incurred as a result of your diagnosis – including lost income – and for your pain and anguish at having to deal with your cancer.

There are currently more than 600 BIA-ALCL cases pending against Allergan. Because the cases make similar claims, they have all been consolidated by a New Jersey District Court in what’s called MDL (multidistrict litigation). The MDL is known as the Allergan Biocell Textured Breast Implant Products Liability Litigation.

The Miami product liability attorneys at Colson Hicks Eidson are nationally recognized for their success against the manufacturers of defective or dangerous products. We represent women in Florida and across the US who have developed cancer from an Allergan breast implant. You can contact us here to schedule a free consultation or call our office at 305-476-7443.

Trending Stories

March 28, 2024

Latest Updates
and Insights from Colson

Related News & Case Studies

Colson Hicks Eidson lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

The incident took place on Dec. 18, 2022 when three generations of the family boarded United Airlines Flight 1722 from Maui, Hawaii to San Francisco, California after a long-planned family vacation.

Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

MIAMI (November 2, 2023) – Colson Hicks Eidson announced today that it has been named in the 2024 list of The Best Law Firms in America. The Miami-based firm has once again received this honor at both the national and metropolitan level. This follows a recent announcement where seven of the firm’s attorneys were named as Best Lawyers in America” for 2024 across a range of fields.

“We strive every day to provide the best possible representation for our clients, and we are honored to continue to receive this recognition for our work,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers, a distinguished peer-review legal publication company, develops The Best Law Firms in America listings through individual lawyer and law firm surveys and firm recognition history. Colson Hicks Eidson is recognized in the following areas.

National Tier 2 (Represents national clients and smaller companies)

  1. Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1 (Scored within a certain percentage of highest-scoring firms in area)

Miami

  1. Bet-the-Company Litigation
  2. Commercial Litigation
  3. Criminal Defense: White-Collar
  4. Mass Tort Litigation / Class Actions – Plaintiffs
  5. Medical Malpractice Law – Plaintiffs
  6. Personal Injury Litigation – Plaintiffs
  7. Product Liability Litigation – Plaintiffs
  8. Insurance Law

Metropolitan Tier 2 (Scored within a certain percentage of the next highest-scoring firms in area)

Miami

  1. Professional Malpractice Law – Defendants
  2. Professional Malpractice Law – Plaintiffs

# # #

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

Colson Hicks Eidson (CHE) is proud to announce its recent involvement in a significant legal matter with statewide implications. Sabrina Saieh, an attorney at CHE, has filed an amicus brief in the First District Court of Appeal in the case of State of Florida, Agency of Health Care Administration v. Alfredo Ivan Murciano, M.D. in support of Dr. Murciano’s brief.

The amicus brief was filed on behalf of CHE senior partner Roberto Martinez, who served on the most recent Florida Constitution Review Commission and was the primary sponsor of an amendment to the Florida Constitution, now found in Article V, Section 21, titled “Judicial Interpretation of Statutes and Rules.” This amendment explicitly prevents courts and Administrative Law Judges (ALJs) from deferring to administrative agencies’ interpretations of state statutes or rules.

The brief urges the First District Court of Appeal to recognize that Article V, Section 21 was added to the Florida Constitution to prevent executive branch agencies, such as the Agency of Health Care Administration (ACHA), from imposing their legal interpretations on the courts and ALJs. The Florida Constitution prohibits ALJs and the courts from accepting mandates from ACHA to adopt their findings of fact or issue orders based on ACHA’s interpretations of statutes and rules that contradict those determined by the ALJs or courts during a de novo review.

This amicus brief underscores CHE’s dedication to defending the integrity of the Florida Constitution and ensuring that judicial interpretation of statutes and rules remains impartial and independent from administrative agencies.

Organizing Committee Appointee  Stephanie Casey formally honored by Judge Altman

MIAMI (September 9, 2023) –  Colson Hicks Eidson, a multilingual complex civil and commercial litigation law firm based in Miami, FL, today congratulated Stephanie A. Casey for her leadership as an ad-hoc organizer of the Florida Southern District’s 6th Biennial Bench and Bar Conference. She was recognized formally by Judge Roy Altman for her remarkable service at the event in Miami Beach on September 9, 2023. 

The Bench and Bar Conference of the Southern District – a collaborative effort between the US District Court and the South Florida Chapters of the Federal Bar Association – brought together legal professionals, judges, and experts in a sold-out event, attracting more than 1,000 attendees. Casey played a pivotal role in organizing this prestigious gathering, which featured a day-long program of engaging panel discussions with esteemed judges, legal experts, and members of the Southern District of Florida’s Bench and Bar.

One of the highlights of the conference was the “Supreme Court Roundup,” featuring distinguished speakers Miguel A. Estrada and Neal Katyal. Additionally, a thought-provoking panel discussion marked the 60th anniversary of the Supreme Court’s landmark Gideon v. Wainwright decision, with Yale Law Professor Akhil Reed Amar, the Honorable Kathleen M. Williams, and the Honorable Robert N. Scola, Jr. 

“We are immensely proud of our partner Stephanie Casey for her exceptional contributions to the 6th Biennial Bench and Bar Conference,” Senior Partner Curt Miner said. “Her leadership and commitment to advancing the legal profession are exactly in line with our firm values, and we look forward to her continued success.”

Casey was appointed to the Southern District’s Bench and Bar Committee by Chief Judge Cecilia M. Altonaga in May 2022.  

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.