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What Is the Breast Implant Lawsuit Process - morgan and morgan
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What Is the Breast Implant Lawsuit Process?

What Is the Breast Implant Lawsuit Process?

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What Is the Breast Implant Lawsuit Process?

When a person is harmed as a result of breast implant surgery, they have the right to pursue financial compensation for the damage that they suffered. However, most victims are unsure about the breast implant lawsuit process.
In the past few decades, hundreds of people with breast implants have been diagnosed with diseases related to faulty implants. For instance, many patients developed a form of cancer known as anaplastic large cell lymphoma. 
In some instances, this disease can be fatal. As a result of these faulty breast implants, a class action lawsuit in the 1990s resulted in a $4 billion settlement. There were over 450,000 victims involved in the mass action suit.
If you or someone you love has been harmed by faulty breast implants, the skilled team at Morgan & Morgan can help you pursue financial recovery. You may have a valid claim against the manufacturer of the harmful breast implants.
Do not hesitate. Contact the firm of Morgan & Morgan to learn more about the breast implant lawsuit process. Complete our online contact form to schedule a free legal consultation today.

Product Liability Cases for Faulty Breast Implants

Most defective breast implant lawsuits seek financial compensation for the victim from the manufacturer. This means that breast implant suits are typically categorized as product liability cases.
There are several types of product liability claims. These include:

  • Strict liability
  • Breach of express or implied warranty
  • Negligence
  • Fraud
  • Failure to warn

Strict liability is one of the most common types of product liability claims. 

Strict Liability

The legal concept of “strict liability” means that the seller, distributor, or manufacturer can be held liable for the damage their product causes.
The liability is “strict” because the manufacturer can be held accountable even without any evidence of negligence. The defendant’s behavior does not affect a strict liability claim.
If the faulty product caused harm, the responsible party can be held liable. With a strict liability approach, the breast implant lawsuit process involves three elements. 
For a successful strict liability suit, the plaintiff must prove that:

  • The product was unreasonably unsafe when manufactured or sold
  • The product was intended to reach the consumer without changes
  • The claimant suffered harm because they used the product

As you can see, none of these elements of strict liability involve the defendant engaging in a wrongful action. In the case of breast implants, the victim only needs to prove that the implants caused them harm.
If the defendant can show that the claimant’s actions contributed to the harm, the strict liability case might fail. The same is true if the defendant can show that some other event or person was the actual cause of the injury.
When you contact the qualified attorneys at Morgan & Morgan, we will thoroughly examine the facts of your case. Our legal experts will guide you through all of the elements of the breast injury lawsuit process.

Failure to Warn and Fraud

A failure to warn claim has to show that the manufacturer should have known about the risks presented by the breast implant. If the company should have known and failed to adequately warn customers, they can be held accountable.
Warnings for potentially dangerous products must be conspicuous. In other words, an average user of the product must be aware of the potential risks. 
This type of claim is especially strong if the plaintiff can prove that the manufacturer knew about the possible danger. In some cases, proving knowledge of the inherent risk can lead to a fraud claim.

Breach of Warranty

Product warranties can be either expressed or implied. A warranty is an assurance that a product will adhere to certain quality standards or perform a particular function.
Express warranties are explicitly stated by the manufacturer. Implied warranties are expectations that a product will meet reasonable standards of quality for its intended use.
When breast implants are faulty, the person harmed by them may claim a breach of warranty. Breast implants may breach their warranty when they:

  • Rupture
  • Deform over time
  • Leak
  • And more

If you have experienced any of these malfunctions, you may be able to pursue a breach of warranty claim. A defective product attorney can help you to seek the financial recovery that you need after sustaining an injury from defective breast implants.


The breast implant lawsuit process can also rely on a claim of the manufacturer’s negligence. However, strict liability claims are typically intended to replace claims of negligence in cases of faulty products.
Only a few states allow victims to file negligence claims in response to injuries from faulty products like breast implants. Negligence cases involve four primary elements. 
In these cases, the claimant must prove the following:

  • The manufacturer owed a duty of care to the consumer
  • The manufacturer breached their duty of reasonable care
  • This breach was the only or primary cause of harm
  • The plaintiff sustained actual harm from the product

The skilled legal professionals at Morgan & Morgan have decades of experience in securing compensation from negligence cases. To better understand the breast implant lawsuit process, reach out to our firm today.

Breast Implant Lawsuit Process Example

To better understand the breast implant lawsuit process, consider the following example. 

Suppose that a patient received breast implants following a double mastectomy. After several years, the patient was diagnosed with a disease that affected her connective tissue. Complications with her implants led her to have them surgically removed. 
Upon removal, the surgeon discovered that her breast implants had ruptured. This caused silicone to leak into the area surrounding the implants.
When the victim reached out to the manufacturer, they denied responsibility. After contacting a product liability lawyer, the victim found evidence that the manufacturing company was aware that their implants had a tendency to leak.
After learning this, the victim pursued a product liability suit against the breast implant manufacturer. The manufacturer understood the risks of their product, but they failed to warn the victim of the inherent risks. 
As a result, the injured victim received $800,000 in compensation for the harm that she suffered. 

Additional punitive damages were also awarded. “Punitive damages” are payments made by the liable party. They are intended to punish a party for their wrongful actions.
If you believe that the manufacturer of your breast implants is at fault for harm that you have suffered, do not hesitate. Contact the trusted product liability attorneys at Morgan & Morgan
As America’s largest personal injury firm, we have the skills and experience to secure the financial recovery that you are owed.

Suing a Negligent Breast Implant Surgeon

Product liability claims are not the only lawsuits that relate to breast implantation. Some plaintiffs are the victims of negligent surgeons and can pursue damages for the losses that they have sustained.
This type of breast implant lawsuit relies on the legal standard of negligence. A plaintiff would need to prove that their surgeon behaved carelessly in a way that caused them harm.
Specifically, this type of claim would be categorized as a medical malpractice suit. Medical service providers have a duty to provide reliable and reasonably safe care to their patients.
If a surgeon’s performance was substandard and resulted in harm to the patient, the victim can pursue a medical malpractice claim. The charge of medical malpractice can be leveled against any person involved in the surgical procedure, including:

  • Surgeons
  • Nurses
  • Anesthesiologists
  • Other medical care providers

Surgeons can engage in medical malpractice before, during, or after breast implant surgery. 
To prove that a surgeon was medically negligent, the plaintiff needs to show that another medical professional would have behaved differently under the same circumstances.
If a similarly trained surgeon would have taken more competent actions in a similar situation, the victim has experienced medical negligence. 
Whether you have sustained damage because of faulty breast implants or medical malpractice, you deserve justice. 

When you reach out to the specialists at Morgan & Morgan, we will thoroughly assess your breast implant claim to determine liability in your case.

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Breast Implant Lawsuit Process FAQs

  • Do You Require Upfront Payment for Personal Injury Claims?

    Reputable injury attorneys are compensated through a contingency fee payment structure. The attorneys at Morgan & Morgan do not require upfront payments from clients.
    “Contingency” means that a portion of the financial recovery in your case is allocated to pay for legal services. In other words, you will pay nothing unless our attorneys successfully settle or win your injury claim.
    We are highly confident that we can secure maximum compensation in your case. Because of that, our attorneys are not paid a single dime unless we recover money for you.

  • Is It Common for Breast Implant Patients to Develop Cancer?

    Unfortunately, some patients do develop breast implant-associated anaplastic large cell lymphoma (BIA-AL CL).
    According to research from the FDA, over 700 cases of breast implant-related cancer had been found as of 2020. 

    Some of these cases were fatal. This same research revealed that 36 deaths resulted from this condition. 
    Interestingly, over 600 of these cases were in women with breast implants called “Biocell.” These were manufactured by Allergan.
    If you have these types of breast implants, it is important to seek a medical assessment as soon as possible. You should also speak with one of the accomplished lawyers at Morgan & Morgan to explore all of your legal options.

  • How Can I Know If Morgan & Morgan Is Right for Me?

    Morgan & Morgan is America’s largest injury firm and boasts a long track record of success. Our compassionate team understands the financial difficulties that personal injury victims experience. 
    Because of this, we provide a free legal consultation with no obligation to hire our firm. During this initial meeting, we will happily answer any questions that you have regarding the breast implant lawsuit process.
    You should never hire a law firm unless you are confident that your case will be in good hands. Morgan & Morgan’s attorneys have the skills and experience to fight effectively for you.

  • Morgan & Morgan – Premier Legal Services

    When you need the best legal representation available, look no further than the firm at Morgan & Morgan. Our attorneys have recovered more than $15 billion for our clients since our founding in 1988. 
    If you or someone you love has been harmed by surgical malpractice or faulty breast implants, do not wait. Fill out the contact form on the Morgan & Morgan website to arrange a free case evaluation.
    We will examine your claim and help you determine the best path toward financial recovery. Let our legal specialists fight for you!

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Last updated on May 11, 2023

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