What are my rights regarding a breast implant recall?
Question Details: The FDA requested a voluntarily recall textured breast implants and tissue expanders from the market. The U.S. had 152 cases of breast cancer patients developing implant-associated anaplastic large cell lymphoma after using them. I am a patient who had these implants and expanders after my mastectomy. Today I got a letter in the mail telling me they are recalled. I can't afford to replace them not can I afford to support myself funcially if I am not working to recover from the surgery. Had I known that this was a risk I would never had gotten these implants. Are there any legal raminfications for the manufacturer here?
You can sue the manufacturer for negligence and strict liability.
Negligence is the failure to exercise due care to produce a product that is not defective.
Strict liability is liability whether or not due care was exercised.
Prior to filing a lawsuit against the manufacturer, it may be possible to settle the case with manufacturer's insurance carrier.
If the case is settled, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file your lawsuit against the manufacturer for negligence and strict liability.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.