20 women have recently announced their plan to take legal action after developing cancer as a result of getting breast implants.
Over 50 women in the UK, and hundreds across the globe, have been diagnosed with the rare form of breast cancer, referred to as breast implant associated-anaplastic large cell lymphoma (BIA-ALCL). It’s estimated that 1 in every 24,000 implants carries a risk of cancer. Now some of the affected women are making a personal injury compensation claim for the pain and suffering caused, the costs of removing the implants and financial losses.
Textured breast implant compensation claims
The exact causes of BIA-ALCL, a rare sub-type of T-cell non-Hodgkin lymphoma, are unknown, but it’s believed the trigger is a reaction to the textured surface of certain kinds of breast implant.
Pre-diagnosis symptoms include swollen, painful breasts with a build-up of fluid around the implants. Typically, onset of symptoms occurs within 3-14 years of the implantation operation. If caught while the cancer only surrounds the breast, the prognosis is positive. However, if not treated in time, it will spread throughout the body, sometimes becoming life-threatening.
In December 2018, it was announced that all textured implants made by manufacturer, Allergan, would be removed from the European market due to their links with breast cancer. Allergan and other textured implant manufacturers now face substantial product liability personal injury compensation claims for their negligence.
Informed consent in breast implant surgery
Leading surgeons have also expressed concern about the lack of information surrounding different types of breast implants and the inability of doctors to be able to fully understand the risks. At the moment, women are unaware that there are still unknowns surrounding breast implants, and this is something doctors should be explaining to their patients.
Whether a woman is having reconstructive surgery or getting implants for cosmetic reasons, she has a right to know what the risks (or potential risks) are. Only then can she make a decision about whether to go through with the implantation. In the medical field, this concept is called “informed consent” and is an essential component of the doctor-patient relationship.
If a doctor or other medical professional fails to obtain informed consent prior to carrying out the implantation surgery and the patient sustains an injury, they could be liable in medical negligence, entitling the patient to a compensation claim.
Who can make a breast implant compensation claim?
Breast implantation surgery is generally very safe. However, like most surgeries, it does carry risks. If your breast implantation has gone wrong or resulted in illness or injury due to the fault of someone else (such as your surgeon or the manufacturer of the implants) or because you weren't properly made aware of the risks, you may be entitled to make a personal injury or medical negligence compensation claim. The following are all injuries associated with negligent breast implantations:
- Capsular contracture – causing your breasts to become hard or misshapen
- Reduction or loss of nipple sensation
- Bleeding in the breast tissue
- Breast cancer
Typically, you will have 3 years from the date of injury to make a claim unless you only realised the injury occurred later on (for example, if you’ve been diagnosed with breast cancer years after the implantation). In these situations, you’ll have 3 years from the date of knowledge to make a claim.
Do you need advice about making a potential breast implant compensation claim?
If you’d like to explore the possibility of making a compensation claim for injuries sustained after getting breast implants, our highly skilled personal injury solicitors can help.
At IBB Claims, we specialise in all types of personal injury and medical negligence claims, including injuries caused by faulty or dangerous products, lack of informed consent, and poor medical treatment.
We understand and deeply sympathise with the distressing situation you are facing. Whatever reason a person chooses to undergo a breast implantation operation, they are entitled to quality of care and to be fully informed of the risks prior to giving their consent.
Personal injury claims are complicated but with our expert advice and representation, you’ll have the best possible chance of receiving the compensation you deserve. We’ll handle every aspect of the claim on your behalf, including seeking expert evidence to support your claim. Our negotiation skills mean we settle the vast majority of claims out of court, minimising the time and stress you have to go through to achieve justice.
We’re able to offer the majority of our clients our services on a No Win No Fee basis. You can book a free initial appointment to discuss your breast implant compensation claim by giving us a call, requesting a call back, emailing firstname.lastname@example.org, or filling in our online enquiry form.