If a breast implant ends up being defective, you most likely have grounds for a lawsuit or are entitled to recover from a class action settlement. This article discusses the variety of lawsuits that can result from defective breast implants.
The majority of lawsuits based on defective breast implants involve the injured person (the “plaintiff”) suing the manufacturer of the breast implants. Typically, a case against the manufacturer will be a product liability case and will include a cause of strict liability, failure to warn, breach of warranties, negligence or fraud.
In a strict liability claim, you only need to prove that
- the manufacturer sold the breast implant in a dangerous condition
- the manufacturer intended the implant to reach the consumer (you) unaltered, and
- you were injured by the implant’s dangerous condition.
In a failure to warn claim, as the name implies, you must prove the manufacturer knew or should have known about a particular risk inherent in the breast implant, but failed to provide you with an adequate warning. If you can prove the manufacturer, with certainty, knew about the defect, you might also win a fraud case against it and be able to collect punitive damages.
A warranty, is a guarantee that the product will perform in a certain way or will conform to certain standards. If the breast implant unexpectedly ruptures, leaks or becomes misshapen, there can be a claim of a breach of warranty. Check the insert with product to see if there is a time limit on the warranty.
A case against a breast implant manufacturer may also involve a negligence claim, although strict products liability is generally intended to replace negligence claims when the case involves a consumer good like breast implants. Only if your state allows negligence claims and strict products liability claims in the same lawsuit, to win your negligence claim you will need to prove:
- the defendant owed the plaintiff a duty of reasonable care under the circumstances (i.e. making or selling the breast implant free from dangerous defects and hidden risks)
- the defendant’s actions “breached” (i.e. did not meet) the duty of reasonable care owed to the plaintiff
- the defendant’s breach was the main or only cause of the plaintiff’s injuries, and
- the plaintiff actually suffered some kind of injury
Another category of lawsuit for faulty breast implants is against the plastic surgeon. This claim would only apply if you could prove there was negligence in implanting the breast implant, if the surgeon performed the procedure incorrectly or if they did not give adequate informed consent before it.
For someone other than the manufacture to be held liable for a defective consumer product like a breast implant, that other person needs to qualify as a distributor or a seller of the product. Courts typically do not find that surgeons and other health care providers or hospitals qualify as distributors or sellers of breast implants.
Another lawsuit category to consider are class action settlements. These suits have a large group of plaintiffs in place that provide compensation to consumers who have been injured by a defective breast implant. If you think you’ve been injured by a defective breast implant, you may not need to sue to get a recovery. But if your breast implant injury is the result of negligent surgery, the class action settlement will not apply to you.
It may be quite difficult at the outset to figure out if medical malpractice or product liability is the cause of your injuries, or if there is an existing settlement out there that may apply to your case. The best course of action is to consult with a product liability or personal injury lawyer who is experienced with breast implant cases and/or an experienced medical malpractice attorney.