Defective Breast Implants
Defective breast implants can cause several serious health issues, including implant rupture or leakage, leading to pain, swelling, or changes in breast shape. Leakage of silicone can migrate to other body tissues, potentially causing inflammation or immune reactions. Capsular contracture, where scar tissue tightens around the implant, can result in pain and disfigurement. Infections at the implant site are another risk, as well as systemic symptoms such as fatigue, joint pain, and cognitive difficulties, known as breast implant illness (BII). In rare cases, defective implants are linked to a type of lymphoma, specifically breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). If you have suffered following a breast implant, you may be entitled to compensation. Arrange an appointment to speak to one of our experienced solicitors today.
Helpful Information
Bringing a compensation claim following breast implant surgery
Patients may have grounds to bring a medical negligence claim following breast implant surgery if they experience complications due to substandard care or due to manufacturing faults with the product itself. At McCarthy + Co Solicitors LLP, we may be able to assist with the following types of scenarios:
- Implant rupture or leakage – caused by poor surgical technique or the use of defective implants.
- Inadequate pre-surgery consultation – where the risks, potential complications, or alternative options were not properly explained to the patient.
- Incorrect placement or size of the implant – leading to pain, disfigurement, or the need for further corrective surgery.
- Infection or other complications – resulting from unsterilised equipment or improper post-operative care instructions.
- Failure to identify and treat complications – such as capsular contracture or implant rejection in a timely manner.
- Use of defective implants in surgery – where the manufacturer may be liable under a product liability claim and the healthcare provider may be liable under a medical negligence claim.
If you have experienced any of these issues, you may be entitled to compensation for medical negligence. Arrange an appointment to speak to a solicitor by completing the form on this page or by calling us on our freephone number.
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Meet John McCarthy
John McCarthy is a partner at McCarthy + Co Solicitors LLP, with more than 20 years of experience in medical negligence claims, including defective breast implant cases. He has represented more than a hundred women affected by the PIP breast implant scandal, and has continued to act for clients harmed by subsequent recalls such as the Allergan Biocell textured implants. His litigation experience extends to the High Court and Supreme Court, and he is committed to securing the compensation his clients need to manage corrective surgery, ongoing health issues, and the emotional impact of being fitted with a faulty implant.
John holds a diploma in civil litigation from the Law Society of Ireland and is a member of Action Against Medical Accidents (AvMA), the leading patient safety charity. He is also the author of A Patient’s Guide to Bringing a Claim for Medical Negligence. If you have suffered as a result of a defective breast implant, you can contact John directly at john@mccarthy.ie.
Frequently Asked Questions
Some of the questions often posed to our medical negligence team.
What is an example of a defective breast implant product?
Allergan breast implants are a range of silicone and saline implants used for breast augmentation and reconstruction. In July 2019, Allergan recalled its Biocell textured breast implants and tissue expanders globally. This followed concerns over an increased risk of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a rare form of cancer, linked specifically to the textured surface of these implants. Regulatory bodies, including the US FDA and UK MHRA, recommended the recall after data showed higher rates of BIA-ALCL in patients with Allergan’s textured implants compared to other implant types.
What are the signs and symptoms of breast implant failure?
Signs and symptoms can include noticeable changes in breast shape or size, such as sudden deflation with saline implants or a hardening of the breast. Pain, discomfort, or swelling around the implant may occur, along with redness or tenderness. In cases of silicone implant rupture, symptoms can be more subtle, with potential changes in breast sensation, lumps, or unevenness. Capsular contracture, where scar tissue tightens around the implant, can cause hard, misshapen breasts.
When is the manufacturer liable?
The manufacturer is primarily liable for defective breast implants, as they must ensure their products are safe and free of defects. Liability can arise from design flaws, manufacturing errors, or failure to warn doctors and patients of potential risks. Recent high-profile cases have exposed manufacturers who knowingly produced defective implants, leading to lawsuits and compensation claims. Investigations into such cases often focus on the company’s practices and product safety.
When are medical staff liable?
Medical staff may be liable for breast implant issues when negligence occurs during the surgery or post-operative care. This includes using improper surgical techniques, selecting the wrong implant type or size, failing to identify and treat complications like infection or implant rejection, or not providing adequate information about the risks. If a surgeon or medical team fails to follow professional standards, leading to harm or complications, they can be held accountable. Liability shifts from the manufacturer to the medical staff when the issue arises from their actions, rather than a defect in the implant itself.
Useful Resources
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