Why Recalled Breast Implant Recipients Should NOT Sign an Allergan Waiver of Liability

Recalled Breast Implant Recipients Should Consult an Allergan Breast Implants Cancer Attorney Immediately

In August of this year, the FDA asked Allergan to remove certain Allergan textured breast implants from the market—a request which Allergan complied with. The request came after a number of reports regarding lymphoma from breast implants were received. The issue of textured breast implants linked to cancer soon became a very serious one. Breast implant-associated anaplastic large cell lymphoma, or BIA-ALCL, was seen in 481 cases among women with textured breast implants or textured tissue expanders. There were also 12 deaths associated with BIA-ALCL from Allergan’s textured breast implants. One analysis found there was six times the risk of BIA-ALCL among those with Allergan’s textured breast implants when compared to other breast implants.

Breast implant-associated anaplastic large cell lymphoma symptoms include: swelling or fluid accumulation in the breast area, around the implant, lumps in the area, pain in the breast area, changes in the size or shape of the breasts, or redness. BIA-ALCL is a cancer of the immune system, also known as anaplastic t-cell lymphoma or ALCL lymphoma, and is not strictly a type of breast cancer, rather it is a form of non-Hodgkin’s lymphoma. If BIA-ALCL is discovered early, it can be treated with chemotherapy and/or radiation. While this type of cancer is not usually fatal, it can be, if not discovered early.

Allergan Offers Breast Implant Replacement Surgery in Return for Signing an Allergan Waiver of Liability - While Allergan voluntarily recalled their BIOCELL textured breast implants and tissue expanders, the manufacturer has apparently not fully committed to sending out written notifications associated with the recalled textured breast implants. Perhaps even worse, some women have already been contacted by their plastic surgeons, asked to come in and discuss a private matter. This important, private matter has turned out to be an offer from Allergan to remove the recalled breast implants and replace them with different Allergan breast implant devices in return for a signature on a Waiver of Liability.

On the surface, this may sound like a reasonable proposition to women who have heard of the textured breast implant recall and are worried about their health. Unfortunately, once the Waiver of Liability is signed, Allergan may be absolved from all future responsibility associated with the recalled breast implants. If the woman later develops ALCL cancer, it could be very difficult to hold Allergan responsible once the Waiver of Liability is signed.

Part of this “deal” may also allow Allergan to keep or discard the removed textured breast implants, also known as “explants.” These explants could be vital to a potential claim against Allergan in the future, yet Allergan is attempting to discreetly convince women with a recalled Allergan breast implant to accept a $7500 payment for a surgical procedure in exchange for giving up the right to pursue greater monetary damages in the future.

Possible Allergan Misdirection - By offering to pay up to $7500 for replacement surgery, Allergan may be gambling on the fact that women will be grateful they are not required to personally pay to have the recalled textured breast implants removed and replaced. In exchange for that gratitude, the Waiver of Liability is cleverly slipped into the total equation. Once Allergan has that signed Waiver of Liability in its possession, the manufacturer is in a much better position against future claims. Many of the women who will agree to sign the Waiver in return for replacement surgery may not yet have experienced adverse issues from their recalled Allergan breast implants. Unfortunately, there is no guarantee that these same women may not develop BIA-ALCL from the textured Allergan breast implants in the future. If these women do develop textured breast implants cancer, they may be dismayed to find they have signed away their rights to file a claim against Allergan for damages.

Why is Allergan Not Providing for Simple Removal of the Recalled Textured Breast Implants? The question arises as to why Allergan requires women to be re-implanted with another Allergan breast implant rather than allowing them the choice of re-implantation or only removal. It is theorized that Allergan could be requiring another Allergan implant to show their company has manufactured a number of safe breast implant devices. As to why Allergan is not allowing simple removal, the answer may lie in the cost of correcting any breast deformities (breast reconstruction) associated with removing an implant. In other words, it may be more cost-effective for Allergan to replace the recalled breast implants with another Allergan product rather than dealing with the costs of breast reconstruction.

Should You Sign an Allergan Waiver of Liability? If you have not yet signed an Allergan Waiver of Liability, it is important that you speak to a knowledgeable Allergan Breast Implants Cancer Attorney before signing your rights away.

Getting the Help You Need for Your Recalled Allergan Breast ImplantsWhether you have yet experienced any ill effects as a result of the implantation of recalled Allergan breast implants or not, it is important that you speak to an Allergan Breast Implants Cancer Attorney as quickly as possible. We can answer any questions you may have. We will do our best to make sure that if viable, your case is filed before the statutes of limitations in your case expire. We can also help you decide if an Allergan breast implants cancer lawsuit is right for you. We will gather and preserve all pertinent evidence for your Allergan breast implants cancer lawsuit, helping to ensure you have the records necessary for a successful claim. If you receive a phone call asking you to come in and discuss the removal of your recalled Allergan breast implants, contact our offices immediately.

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Author: Andrew Sullo
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Andrew Sullo

Andrew SulloAndrew Sullo

Andrew Sullo is a National Trial Lawyer's Top 100 Selection for 2013-2019. He is a member of the American Association of Justice (2013-2019), and a recipient of the 2019 AVVO Client's Choice Award.

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