Lawsuits Claim Breast Implants Linked To Specific Type Of Cancer

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Published on 23 May 2020, 18:00
Via America's Lawyer: Attorney Virginia Buchanan joins Mike Papantonio to spotlight a class action lawsuit against Allergan, the company which manufactured textured breast implants which were recalled in 38 countries after reports surfaced of women developing lymphoma.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

Women with textured breast implants are experiencing abnormally high rates of cancer and it's now believed that these implants are to blame. Lawsuits are beginning to emerge against Allergan, the company that manufactures these implants and they've been linked to a very specific type of cancer. Attorney Virginia Buchanan joins me now to talk about this. Virginia lay this story out for me. You're running this national litigation in what, New Jersey?
Right. It is, it's before judge Martinotti in New Jersey and I along with three other.
A hugely experienced judge, by the way.
Yes, yes, very well respected and very efficient even through this pandemic. But, I'm working along with three other attorneys because it's such a big project. It is a mass tort and a class action claim. But in July of 2019 on July 24th, the FDA issued a recall, and it came on the heels of several other countries issuing recalls for these textured implants.
Isn't it like, 33 countries?
Yeah, 38 actually current count.
Wow.
And, and the others were really ahead of us on this because I think that Allergan had superficially appeared to comply with FDA requirements, but we learned last week that the FDA issued a warning letter to Allergan saying that it had not collected the data, that it was required under its premarket approval conditions to comply with. So we have a 2006 PMA process and a 2013 one where studies were not done to prove the safety.
No, no studies to prove. And we know coming out of the first round of breast implants all the way back to the early nineties.
Right.
Those implants caused a whole host of auto immune diseases, scleroderma, Raynaud syndrome, just a whole host of, of diseases. People were losing their hair. Do you remember? I tried these cases early on.
Right, right.
There was hair loss that they have this hard encapsulation to where the breast implant had to be removed and sometimes resulted in a full mastectomy. But this is bad as that was, is even worse because of lymphoma.
It is, it is Michael, and this, this is a signature injury, that now the world health organization recognizes as a distinct breast implant related illness and Allergan the defendant in this class action, this national litigation, is the manufacturer of these implants. And it is the company that has failed to comply with FDA guidance to establish the safety and the ongoing safety of the implant.
And that's public right now.
It is.
Everybody knows that they failed to comply. Is that correct?
Yes, that's absolutely true. Came out just last week as a matter of fact. But, the sad part about this is that the women who had these implants are often breast cancer survivors. And the way the textured implants work is that the human tissue adheres around the implants. So removing them is a very, very difficult process.
Results in mastectomy, is that right?
Much worse than a mastectomy. It is a full on block removal, basically a removal of the chest. All of the tissue below it, sometimes cartilage, and reconstructing breast tissue requires flaps to be created, muscle transfers from other parts of the body. So it's, it's huge.
So the good news here, and that's a horrible story you just told.
Yes.
The only good news is you're in front of an experienced judge who has seen things like this before.
Correct.
You've got a team put together, a national team that's trying to coordinate A, taking discovery here. B, trying to make sure that these women get compensated for this.
Absolutely.

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