More than 250 women are launching a class action against the manufacturer of silicone breast implants due to possible links between breast implants and illness - including cancer.
Women who have had surgery using the dangerous breast implants have experienced symptoms such as palpitations, rashes, hair loss, joint pain, anxiety and depression. The possible case of these conditions may be the result of silicone which has leaked out of faulty breast implants, although this is not yet clear.
Who is liable when a breast implant causes medical complications?
When medical problems arise after breast implant surgery, the question arises - who is to blame? Surgery always brings about a level of risk and complications following surgery are not uncommon and should have been clearly explained before going under the knife. However, when things do go wrong where they shouldn't have, there are two possibilities of who is liable - the manufacturer of the breast implants, or the plastic surgeon who carried out the procedure.
The manufacturer
There are currently several class-action lawsuits pending for victims of defective breast implants. Mentor, a subsiduary of Johnson & Johnson, has been named in a 2017 product liability action that alleged the manufacturer's silicone breast implants are defective. The claims are that the implants leak silicone, leading to a variety of complications. In these circumstances, it would be the manufacturer that would be liable for the negative health effects the implant has had on the person who underwent surgery. In all cases, it will be necessary to show that the implant has caused actual harm. The surgeon who conducted the surgery would not be liable unless they operated negligently.
The surgeon
In the event that medical conditions develop due to the surgical procedure, and not due to any fault with the implant, it would be the surgical practice that would be liable for the damage caused by the surgery. To successfully claim damages against the practice, it must be shown that the surgery was conducted negligently.
Do you need to make a claim?
There are several class action settlements in place that grant compensation to consumers who have been injured by a defective breast implant. If you think you've been injured by a defective breast implant, you may not need to go to court to recover compensation. Buf if your breast implant surgery is the restult of negligent surgery, the class action settlement will not apply to you.
Contact our expert medical implant claims lawyers
It may be quite difficult at the outset to figure out if medical malpractice or product liability is the case of your injuries, or if there is an existing settlement out there that may apply to your case. If you have hda a breast implant procedure and are experiencing medical complications please contact us on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you as soon as possible.
