People may receive breast implants for any number of reasons. While implants are a matter of personal preference for many patients, for others, the plastic surgery involved in the implantation of these objects is for reconstructive purposes.

No matter a person’s motivation, however, the manufacturers of these implants have a duty to create a product that is safe for all foreseeable use. Unfortunately, in the case of Allergan’s BIOCELL line of products, there has been a catastrophic failure in this duty. In fact, the Food and Drug Administration now recognizes that there is a link between these products and an increased chance of cancer.

If you have contracted a worsened medical condition after receiving an Allergan implant, you may have the right to demand compensation with the help of a skilled and dedicated attorney. A Raleigh breast implant lawyer could help you to identify the source of your condition, to determine if this company is liable, and to demand payments needed to set things right.

The FDA Recall of Allergan Implants

On July 25, 2019, Allergan­—the makers of the popular BIOCELL line of breast implants—issued a voluntary recall for many of their products. This recall was the result of a Food and Drug Administration report that linked these products to an increasing occurrence of anaplastic large-cell lymphoma, which is a type of cancer. As a result, Allergan is removing all BIOCELL products from the market, and now recommend that all medical providers no longer use these products on their patients.

It is worth noting that symptoms for people who have received a BIOCELL implant are somewhat rare. Additionally, Allergan has not recommended the removal of any implants in patients who have not become symptomatic. However, people who have received these implants must remain vigilant about their health and should talk with their plastic surgeons about any potential complications. A seasoned Raleigh lawyer could help to identify the model of a person’s breast implant to determine if it falls under the Allergan recall.

A Consumer’s Right to Demand Compensation

Suffering an injury because of a defective product, even a medical device in the form of a breast implant, might entitle a consumer to substantial compensation. Even so, it is not enough to simply allege that a plaintiff now suffers from an injury because they used a certain product, even in the face of a recall.

Essentially, state laws give plaintiffs two legal paths to demonstrate that a product’s manufacturer is liable for their injuries. The first is to show that a defective design resulted in an unsafe product. More specifically, according to North Carolina Statute §99B-6, plaintiffs must show that a design defect resulted in an unreasonable risk of harm, even when the consumer uses the product in the correct manner. Additionally, plaintiffs must show that an economically viable alternative designed would have prevented harm. This is the legal path that many Allergan claims will follow.

The other means of pursuing these cases, however, is to prove that the product’s maker did not provide adequate warning about the risks involved with the product. Under North Carolina Statute §99B-5, makers such as Allergan must provide test results and instructions for proper use to the FDA, as well as consumers.

The fact that Allergan has issued a voluntary recall for their products is not necessarily an admission of liability, however. Therefore, a tenacious Raleigh breast implant attorney could help to investigate whether a person received a defective device and perform a full investigation in order to choose a legal path that carries the best chance for success in court.

How a Raleigh Breast Implant Attorney Might Help  

Every product manufacturer who does business in Raleigh has the obligation to produce items that are safe for customer use. Of course, this also applies to medical devices, such as breast implants. Allergan is a major manufacturer of these products, and it has now admitted that many of its BIOCELL line of products carry an increased risk of cancer.

If you have contracted cancer after receiving an Allergan BIOCELL implant, you may be entitled to compensation for your losses. However, state laws strictly control the ways that you can demand payments, meaning the help of a well-versed attorney could be helpful. A Raleigh breast implant lawyer could help you to understand your legal rights and to take the steps necessary to pursue your case. Contact a legal professional today to discuss your claim.

Raleigh Personal Injury Lawyer | North Carolina Injury | Whitley Law Firm

Raleigh Personal Injury Lawyer | North Carolina Injury | Whitley Law Firm
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