LOS ANGELES, Aug. 30, 2019 /PRNewswire/ -- Panish Shea & Boyle LLP and Bentley & More LLP today filed personal injury lawsuits against Allergan related to its line of Natrelle BIOCELL Textured Breast Implants that were recalled worldwide. The lawsuits allege that Allergan spent decades failing to properly warn consumers of the risks with those implants, concealed or misrepresented the dangers, and did not adequately disclose the heightened risk of a particular type of cancer that has been linked to Allergan's Natrelle BIOCELL Textured Breast Implants.
The Allergan entities, including Allergan, Inc., Allergan USA, Inc., and Allergan plc, have for decades made, promoted, and offered for implantation a line of textured breast implants referred to as "BIOCELL." Allergan has sold hundreds of thousands of those implants into the worldwide marketplace, with the product being implanted into women on both a reconstructive and cosmetic basis the world over.
But those BIOCELL Textured Breast Implants carry a heightened—and undisclosed—risk of developing a type of cancer known as Breast Implant Associated – Anaplastic Large Cell Lymphoma (BIA-ALCL), which is a rare subtype of non-Hodgkin's lymphoma. Despite knowing about this risk for years, Allergan has repeatedly dismissed, diminished, or downplayed the issue to women around the world. That risk was finally revealed on July 24, 2019, when the U.S. Food and Drug Administration announced that it had requested a worldwide recall of Allergan's BIOCELL Textured Breast Implants.
The FDA's analysis revealed a worldwide reported total of 573 unique BIA-ALCL, including 33 patient deaths. Of those 573 cases, 481 were reported to have an Allergan textured breast implant at the time of diagnosis. In addition, of the 13 deaths with a known manufacturer, Allergan implants were cited in 12 of those cases.
The lawsuits today filed by Panish Shea & Boyle LLP and Bentley & More LLP are brought on behalf of several clients. One of those clients is Cari Dietzel, a resident of Los Angeles County. In 2014, Ms. Dietzel was diagnosed with breast cancer and underwent a bilateral mastectomy to remove the cancerous tissue from her breasts. She was implanted with Allergan's BIOCELL Textured Breast Implants on the belief that they were safe and effective.
Another client, Hilary Corts, following a history of breast cancer within her family, learned that she was a carrier of the BRCA2 gene and was also at a high risk of developing breast cancer. In 2016, she elected to undergo a preventative bilateral mastectomy, but learned she had already developed breast cancer. Following surgery, issues with her Allergan tissue expanders, and recovering from an infection caused by the expanders, Hilary was implanted in April 2017 with Allergan's BIOCELL Textured Breast Implants, again on the belief that they were safe, effective, and would prevent her from developing further issues with cancer or infection.
The worldwide reveal of the danger and the recall of Allergan's products terrified Ms. Dietzel and Ms. Corts—the thought of going through another round of treatment for cancer (and a different type of cancer), has caused them to even investigate and even schedule removal of the flawed implants as soon as possible. Despite the risk posed by its product, Allergan has refused to pay for the surgical, facility, patient, or other medical costs—let alone the fear, anxiety, and worry caused by the implantation of this flawed, potentially lethal product.
"This company knew for years that its line of implants could cause a serious form of cancer. Instead of disclosing the risk, Allergan sought to downplay the issue, diminish any concern, and most of all defend its bottom line," said attorney Gregory Bentley, of Bentley & More LLP. "Allergan put profits over public safety," added attorney Brian Panish, of Panish Shea & Boyle LLP, "and has now subjected hundreds of thousands of women to this terrifying potential for cancer. These may be the first suits against Allergan, but they certainly won't be the last."
The case names are Cari Dietzel v. Allergan, Inc., et al., Los Angeles Superior Court Case Number 1S8TCV30672; Hilary Corts v. Allergan, Inc. et al., Los Angeles Superior Court Case Number 19STCV30695.
About Bentley & More LLP
Bentley & More LLP specializes in working closely with clients to deeply understand their lives and tell their individual stories. The firm's success comes from tailoring each solution to a client's particular needs. That success is measured in far more than awards, verdicts, and peer recognition, it is measured in the real differences made in our clients' quality of life. Bentley & More focuses on the representation of consumers in the fields of catastrophic personal injury, product liability, insurance bad faith, and worker's compensation, with particular expertise in matters that cross over multiple fields.
About Panish Shea & Boyle LLP
Panish Shea & Boyle LLP has extensive experience with the often-complicated lawsuits that arise after an injury or death caused by another's negligence or misconduct. Our attorneys have been repeatedly recognized for excellence by other trial attorneys, legal organizations and publications nationwide. The firm has been ranked by U.S. News & World Report and Best Lawyers® as a "Tier 1" Firm for Plaintiffs Personal Injury Litigation – the highest ranking a firm can receive– and among the top Plaintiff's law firms in the country by the National Law Journal.
Once we accept a case, we commit to you and your cause and take the steps necessary to get you the compensation you deserve. Your case will be handled with compassion and integrity, and we provide you with personal attention and support throughout the process. We handle cases nationwide, as well as statewide in both California & Nevada.
Joe Marchelewski, Juris Productions
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