CANADIANS FILING CLASS ACTION BREAST IMPLANT LAWSUITS
After recall and removal of some textured implants from France and the rest of the European Union in December 2018, Allergan, Mentor Worldwide LLC and Ideal Implant continue to sell textured breast implants in Canada and USA, while failing to disclose serious health risks of textured breast implants including the link to a BIA-ALCL cancer of the immune system. Failure to warn may pave the way for class action lawsuits in Quebec, Canada against textured breast implant manufacturers. LPC Lawyer Inc. filed a potential class action lawsuit regarding textured implants of all kinds CaseNO: 500-06-000966-198 in Montreal, Quebec, Canada. Additionally, Rice Harbut Elliot filed a potential class action lawsuit on January 3, 2018, CaseNO: VLC-S-S-190084 in Vancouver, British Columbia, Canada on behalf of four women who suffered from Mentor Cohesive Gel Implants. If you are Canadian and interested in litigation in regard to textured implants or Mentor silicone cohesive gel implants contact them.
If you are interested to follow the further developments of these cases make a comment below and then come to our facebook group Breast Implant Lawsuits where you can discuss breast implant lawsuits with over 5000 other women.
USA BREAST IMPLANT LITIGATION BLOCKED BY PREMPTION
But in the USA breast implant illess lawsuits are stalling because breast implants are Class III medical devices and are protected by USA preemption laws due to the 2008 Supreme Court case Riegel v Medtronic which gave broad federal protection to manufacturers citing that Class III medical devices are only accountable to the regulations and surveillance of the FDA who approves them for use. After Riegel, the only way to sue for a Class III medical device is to “identify conduct by the manufacturer which violated the PreMarket Approval or other specific requirements related to safety or efficacy of the device as set out by the FDA. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.” from the Guide to Preemption of State-Law Claims Against Class III PMA medical devices.
Here is a drug and device lawsuit blog, which discusses why some of the latest breast implant cases have been dismissed.
In order to overcome preemption laws broadly protecting Class III medical devices, a bill was introduced in 2017 to restore consumer’s rights to sue Class III medical devices that are currently preempted by federal protection due to Riegel. Please sign and support the Medical Device Safety Act H.R. 2164, which restores an injured consumer’s rights to sue Class III medical devices.
DESPITE PREEMPTION, DEFECTIVE BREAST IMPLANT CASES VIABLE
Breast implants are warranted to be safe and last a certain amount of time. A warranty is a guarantee that the product will perform in a certain way or will conform to certain standards. If the breast implant is defective and ruptures, leaks or becomes deformed before it’s warranty period expires and causes you harm or the breast implant is deemed to be safe and causes you a serious disease such as BIA-ALCL you may have a case. A recent case of a defective breast implant rupturing and causing harm did pass preemption, in part. Read Mentor Silicone Breast Implant Lawsuit Not Preempted, Cleared to Proceed. In light of preemption in the USA, it can be difficult to find a firm to take your case however we suggest contacting lawyers with existing cases such as these:
LITIGATION NEWS 2018
1. Mary Sewell and several additional Plaintiffs filed complaints in the Superior Court of the State of California Case No. 30-2018-01040633 against Mentor Worldwide, LLC: Nusil, LLC and Nusil Technology, LLC alleging various complaints and injuries from breast implants.
2. Nicole Vieira and Emilia Barozzi filed a complaint in Los Angeles County Superior Court at the time Case No. BC711663. They were both implanted with Mentor MemoryGel Silicone Breast Implants and “experienced various medical complications, including fatigue, weakness, memory loss, and nausea.” After explantation it was discovered that the implants’ silicone gel had bled. The complaint alleges mistakes in the manufacturing of the implants and defects in the silicone used resulting in silicone gel to bleed which triggered medical problems. In July the case was moved to Federal Court, Case No. 2:18-cv-06502, and in September it was remanded back to Los Angeles Superior Court. They are represented by Lenze Lawyers, PLC in Manhattan Beach, California; Finson Law Firm, LLP in Playa Vista and Marina Del Rey, California; and by Angwin Law Firm in Los Angeles, California
3. Michelle Rea of Fairfax, Virginia filed a lawsuit here on May 8, 2018 in the Superior Court of New Jersey, Middlesex County. Rea under underwent reconstructive surgery for a partial mastectomy in 2011. Approximately five years later, she was diagnosed with anaplastic large cell lymphoma, which was caused by a Natrelle Style 410 implant made by Allergan, Inc., the suit alleges. The suit alleges that Allergan fraudulently conveyed false and misleading information “and concealed the risks of serious adverse events associated with its breast implants from plaintiffs, the public, physicians, and other healthcare providers,” the lawsuit said. Michelle is represented by Ross Feller Casey LLP of Philidelphia, Pennsylvania.
4. Renee Cashen and her husband Richard Cashen filed a lawsuit here in the Superior Court of New Jersey on April 27, 2018 against Johnson & Johnson, Ethicon Inc. and Mentor Worldwide LLC alleging that Mentor’s textured MemoryGel Siltex silicone breast implants caused her BIA-ALCL breast implant-associated anaplastic large cell lymphoma which is a form of cancer and alleging Mentor failed to properly comply with the FDA’s requirements to collect data to track longterm safety of their implants. Renee and Richard Cashen are represented by Ross Feller Casey LLP and McEldrew Young of Philidelphia, Pennsylvania.
5. Vivian Skelton filed a complaint here in Los Angeles County Superior Court on March 2, 2018 against Allergan Inc and Allergan USA Inc. alleging that Allergan’s Natrelle silicone breast implants caused her BIA-ALCL breast implant-associated anaplastic large cell lymphoma which is a from of cancer. Skelton’s complaint says “Allergan failed to report adverse events from the post market approval studies commissioned as part of the implant’s PMA approval, which would have led to reports suggesting the device’s contribution to serious injury,” and her lawsuit states. “The purpose of monitoring a product’s post-market experience is to detect potential safety signals that could indicate to the manufacturer and the medical community that a public safety problem exists. If a manufacturer waits to report post-market information, even for a few weeks or months, that bottleneck could mean that researchers, regulatory bodies, and the medical community are years behind in identifying a public safety issue associated with the device. In the meantime, more patients are harmed by using the product without understanding its true risks.” Vivian Skelton is represented by Lenze Lawyers PLC of Manhattan Beach, California and Finson Law Firm LLC of Marina Del Ray, California.
LITIGATION NEWS 2017
1. Catherine and Travis Gravitt, a Will County couple filed against Mentor Worldwide LLC case number 1:2017cv05428 in Illnois Northern District Court, Chicago “alleging the corporation manufactured defective breast implants and sold them to consumers.” from article here. On January 11, 2018 the motion to dismiss by Mentor was denied and this case was cleared to proceed, see article here.
2. The FDA issued a warning confirming breast implants cause BIA-ALCL cancer. Lawsuits will follow soon.
3. Rexina Mize, et al. v. Mentor Worldwide LLC
The case is Mize v. Mentor Worldwide LLC, No. CV 17-1747 DMG (KSx). Her husband, Spouse Plaintiff Minh Nguyen, is also suing Mentor on loss of consortium. They are represented by Jaime Moss and Jennifer Lenze at the Lenze Moss Law Firm, contact form, and Jason Jordan at Jordan Law. From the article, Johnson & Johnson Unit Sued Over Leaking Breast Implants: “We believe the problems with Mentor’s silicone implant are pervasive and may have harmed thousands of women,” Moss said. “This suit may be just the tip of the iceberg.” “The suit filed yesterday contends Mentor officials failed to warn Mize, who says she’s suffering from pain, nausea, skin rashes and extreme fatigue, and her physician about “the risk of serious defects and life-altering complications” tied to the leaking implants.”