Mass Tort Breast Implant Lawsuit: You May Be Entitled to Compensation

Mass Tort Breast Implant Lawsuit: Getting Compensated for Injuries

From 2008 to 2018, over 10 million women worldwide received breast implants. Many women obtained these implants based on medical reasons or because of cosmetic choices. After having a mastectomy to treat cancer or if they received injuries in a car accident that caused deformed breasts, a woman may have a breast implant to make her chest appear normal. Other women wish to obtain breast augmentation to boost their self-esteem.

Unfortunately, manufacturing defects of silicone breast implants have led to a range of breast implant complications. Popped, ruptured, leaking and moldy breast implants were reported as women experienced various health issues. If you have suffered with medical problems, treatment bills and damages due to a ruptured or leaking breast implant, you may be able to get compensation.

Silicone Breast Implant Failure

A woman’s body can react differently when a breast implant fails. For some, they may experience immune system disorders with their leaking breast implant. These disorders can range from muscle pain, cognitive difficulties, weakness and fatigue. They may also experience more debilitating issues.

Other women may experience connective tissue disease. Disorders of this disease include rheumatoid arthritis, lupus or other autoimmune disorders. In some cases, it can cause a rare form of cancer.

For some woman, they may actually notice that they have deformed boobs due to the fluid leaking from the rupture implant. On other occasions, the seal of the implant allows body fluids to enter the silicone implant, including bacteria and yeast, that can create moldy breast implants. Flu-like symptoms is also an issue that can occur because the woman has a natural allergy to the materials, most often silicone, that are used to make the breast implant.

Mass Tort Claim for Breast Implant Failures

A mass tort claim differs in many ways from a regular lawsuit. This litigation involves representing many people who are experiencing the same issue and who are seeking damages collectively. Instead of trying each individual case separately, a single claim will have multiple victims in a specific small or large region.

In addition, in many legal cases the compensation received from the settlement not only covers those people involved directly in the case, but also forces the company to set aside funding for future victims if they also experience ruptured silicone implant problems.

Whose Liable in a Ruptured Implant Lawsuit?

A mass tort for breast implant failure can normally fall under product liability claims because the product was defective. In these claims, it must be proven that the manufacturer, seller or distributor was aware or should have been aware about silicone breast implants leaking after being surgically implanted. There are many different litigation standpoints for a mass tort claim: such as negligence, fraud, strict liability or failure to warn about the issue.

For instance, in a strict liability case, your attorney would prove that the manufacturer sold a breast implant (knowingly or unknowingly) with a defect as their intention was for people to use the defective implant. Then you would prove through your medical records that you were directly injured due to the popped breast implant.

When it comes to proving a fraud case, it would have to be proven that the manufacturer knew that the breast implant was defective and deliberately hid this knowledge while continuing to sell the product. In other cases, the manufacturer may be held liable that they should have known that there was a defect in the breast implant and failed to provide adequate warning to people so the patient could make the best choice based on their medical condition.

Obtaining Compensation Due to Breast Implant Problems

If you’ve experienced significant health issues or a deformed boob due to breast implant complications, you may be entitled to compensation. Since there have been many mass tort cases happening for years that involve breast implants, your issue may already fall under a previous or current litigation case. So you may be able to obtain compensation without a lawsuit.

Contacting an attorney who is versed in mass tort litigation can help you, and others, obtain compensation that can help to pay off medical bills as well as current and future medical treatments. While it is true that every case is different, you may have similar injuries with other victims where it would make sense to take the mass tort route.

Your claim will be combined with many other claims who are trying to receive silicone implant rupture compensation for damages from a similar manufacturer, distributor or seller. However, you don’t have to worry about receiving a smaller settlement when the funds are distributed if you win the case in court or if the liable party settles. Instead, the attorney will factor in your damages as well as present and future medical treatments so you can get the maximum settlement amount.

Getting Legal Representation for Your Claim

Have you suffered damages as a result of a leaking or ruptured breast implant? Then you may be entitled to compensation. Reach out to the attorneys at Diamond & Diamond. We help woman who are experiencing deformed breasts, ruptured silicone implants or popped breast implants.

Our experienced attorneys will review the facts concerning your case and provide legal advice so you can make the best informed decision. Then we can proceed with investigating your case, speak with other victims with breast implant ruptures, and determine the amount of compensation to seek to cover your medical expenses, lost wages and other damages.

You don’t have to deal with a ruptured silicone implant. The moment you start to experience issues, seek immediate medical attention. Then contact our law office at Diamond & Diamond.

We can help protect your rights while you can get the money to pay for all of your damages. Speak with our attorneys today to schedule a consultation. You may already be eligible for compensation through a previous mass tort claim or may want to become part of present litigation with other victims who are experiencing breast implant failures.