If you had a breast implant placed and you’re experiencing complications, know that you are not alone. You may be able to get help through a recall settlement or lawsuit. This guide will review the aspects of Breast Implant Recall Who Pays For Removal and outline how to proceed if you want to file a claim against your surgeon or medical facility.
In this guide, we review the aspects of Breast Implant Recall Who Pays For Removal, breast implant lawsuit payouts, breast implant illness, and is breast implant removal tax deductible.
Breast Implant Recall Who Pays For Removal
There are various reasons why a person may need to remove their breast implants. One reason may be that your doctor has determined that doing so is medically necessary. Furthermore, a person may also want to have their breast implants removed if those implants have been recalled. This can be done with the help of a Riverside personal injury lawyer.
This is a real possibility, especially for those who have received textured breast implants. Commonly used after reconstructive surgeries, textured breast implants tend to move around less after placement. However, studies have shown that this type of breast implant leads to a higher risk of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
The US Food and Drug Administration (FDA) has recalled Allergan BIOCELL textured breast implants, though Allergan is not the only company that manufactures these implants. While the chance of developing this cancer is said to be rare, it is deadly if not treated promptly. Contact the Allergan breast implant recall attorneys at Bentley & More, LLP for a free case evaluation.
Who pays for removal?
Because textured breast implants are often used in the aftermath of reconstructive surgery, commonly after a mastectomy is performed due to breast cancer, the removal of the implant may be deemed “medically necessary.” If a doctor believes that removing the breast implant is necessary, a patient’s health insurance provider may be obligated to cover the cost of breast implant removal.
Typically, the development of BIA-ALCL will be considered a medically necessary reason to have the implant removed.
This can present a problem for women who have textured breast implants but have not developed BIA-ALCL. The FDA has not recommended the removal of textured breast implants for women who have not shown signs or symptoms of BIA-ALCL. In these cases, a woman’s insurance provider will not likely cover the removal surgery.
Will the company pay?
Last year, two women filed a class-action lawsuit against Allergan, the manufacturer of BIOCELL breast implants. The FDA has issued a recall for these breast implants, and the majority of cases of BIA-ALCL involve BIOCELL implants.
It makes sense that women who have these implants are nervous and may consider having them removed, even if they do not have any signs or symptoms of BIA-ALCL. Why would they want to wait and hope that cancer does not develop? Many of the women with textured breast implants got them after surviving cancer in the first place.
One of the women in the class-action lawsuit against Allergan says that it cost her tens of thousands of dollars to have the implants put in in the first place and then have them removed due to the risk of developing BIA-ALCL. The other woman in the lawsuit says that she has not yet had the implants surgically removed, but that she would never have gotten them in the first place if she knew about the risks of BIA-ALCL.
Allergan has said it would pay for the costs of new implants for those with BIOCELL implants, but that it would not cover the costs of the surgery.
What are the costs of removing breast implants?
The average cost of implant removal surgery is approximately $2,500. However, this does not take into account other costs associated with surgery (which can reach into the tens of thousands of dollars), including:
- Surgeon’s fee
- Hospital or surgical facility costs
- Anesthesia fees
- Prescriptions for medication
- Post-surgery garments and bandages
- Medical tests and x-rays
Right now, and pending the outcome of any lawsuits against textured breast implant manufacturers, the cost of removing these implants will fall on the consumer or their insurer.
breast implant lawsuit payouts
In an effort to improve appearance and self-esteem, many consumers received breast implants, and many of those were from the global manufacturer Allergen. Little did these patients know that these implants could ultimately cost them their lives. Now, Allergen is facing a host of lawsuits across the country. The experienced personal injury lawyers at Karlin & Karlin can provide more information about Allergen breast implant lawsuit settlement amounts and discuss your particular situation during a free, no-obligation consultation. Consider calling (888) 365-1555 to schedule a consultation anytime.
Allergen Breast Implant Problems
Allergen is a company based in Ireland that operates in more than 100 countries, including several in Europe and in the United States. The company sold textured breast implants, but the United States Food and Drug Administration (FDA) warned consumers about a connection between breast implants and cancer in March 2017, according to Breastcancer.org. Textured breast implants are 14 times more likely to cause lymphoma compared to other implants.
Research has found a growing number of cancer cases among patients who reported receiving textured breast implants, especially breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a non-Hodgkin’s lymphoma that involves the development of cancerous cells in the fluid surrounding implants. These cancerous cells can spread to other parts of the body and be fatal. The FDA reports receiving more than 573 reports of BIA-ALCL linked to Allergen’s textured breast implants that included 33 deaths. According to the Government of Canada, Health Canada suspended Allergen’s licenses for its breast implants due to the increased risk of BIA-ALCL. In addition to the increased risk of cancer, textured breast implants also cause an increased risk of fluid pockets and seromas, sometimes occurring years after the implant surgery.
Recall of Allergen Breast Implants
The FDA’s findings spurred Allergen to recall many of its breast implants and tissue expanders, starting on July 24, 2019. It had previously removed these same items from the European market in December 2018. The FDA has compiled a complete list of all products involved in the recall.
Lawsuits Stemming from Allergen Breast Implants
Due to the connection between the implants and a risk of cancer, many lawsuits have been filed against Allergen. Even though the company has recalled its defective products, many consumers have complained that Allergen has not offered to pay the costs associated with the removal of its products from women who fear that they will develop breast cancer if the products remain in their bodies. For example, two women in Florida sued the company for $5 million, alleging that Allergen breached its implied contract by selling a product that posed a risk to patients, violated Florida’s Deceptive and Unfair Trade Practices Act, and unjustly profited from its products that harmed consumers. One of the women had a double mastectomy after being diagnosed with cancer in 2016 and received implants of Allergen products. The other woman had breast augmentation in 2009. Both were informed of the recall by their doctors.
Other lawsuits allege that consumers developed cancer due to Allergen’s products. A class action lawsuit filed in December 2018 in New York alleges that Allergen knew about the cancer risk of its products and that company leaders made misleading statements about the products to consumers. The lawsuit also alleges that the company made false statements to regulators. Another nationwide lawsuit has been filed against Allergen, requesting that the company pay for diagnostic and surgical fees, invasive diagnostic and monitoring fees, and other costs associated with the removal of the implants due to the increased risk of cancer.
What Consumers Can Do if They Have a Recalled Allergen Breast Implant
Consumers who have recalled Allergen breast implants are encouraged to contact their healthcare providers to discuss their options and determine whether removing the implant is in their best interest. Patients should monitor for persistent pain or swelling near the implant site and get regular checkups to track any changes in the implant’s texture or size.
Seeking early medical treatment is important to guard against the most serious consequences of BIA-ALCL cancer. A qualified doctor can perform diagnostic tests to determine if a patient has cancer. If cancer is detected, the doctor will likely recommend surgical removal of the cancerous tissue and the implant. If the cancer is not diagnosed and treated soon enough, it can spread to other parts of the body and be fatal.
Settlement in Allergen Breast Implant Lawsuits
Allergen breast implant lawsuits are ongoing. However, Allergen has paid millions of dollars in compensation to those negatively affected by its products in the past, including $2.75 million in a lawsuit filed by three health benefit plans for preventing competition from a competitor and $750 million in a class action antitrust lawsuit related to the company’s Alzheimer’s drug Namenda.
Factors That Affect Allergen Breast Implant Lawsuit Settlement Amounts
Individuals who have received a recalled Allergen textured breast implant might consider taking legal action against the manufacturer. Through a legal claim or lawsuit, a patient may be able to seek compensation for the full value of any damages that have been sustained, which might include:
If a recipient of the implants died as a result of cancer stemming from the recalled product, the family can consider filing a wrongful death claim to compensate them for economic losses, such as funeral and burial expenses and loss of financial support. They can also pursue compensation for non-economic losses, such as loss of companionship and consortium. An experienced personal injury lawyer at Karlin & Karlin can review the individual circumstances and determine the potential value of a claim.
Contact a Personal Injury Lawyer for More Information
If you received a tissue expander or breast implant that was later recalled by Allergen, you may be considering a claim against the manufacturer. An attorney from Karlin & Karlin can review your situation and advise you on whether you qualify for a claim against the company. During a case review, the lawyer can also discuss possible Allergen breast implant lawsuit settlement amounts and whether any offered settlement will fairly compensate you for your losses. Consider calling (888) 365-1555 to schedule a consultation.
breast implant illness
Breast augmentation remains one of the most common and popular plastic surgery procedures performed in the U.S., and it has a low risk of complications – the most common being breast pain, changes in nipple and breast sensation, scar tissue formation, and rupture and deflation.
However, a small number of women experience a compilation of symptoms that has come to be known as breast implant illness, or BII. Though we are still learning about BII, and it is not a formal diagnosis, several new studies are investigating potential causes for the symptoms, which are wide-ranging and very real.
More than 100 symptoms have been associated with BII. Some of the most common include:
Breast implant illness has become more widely known in the last couple decades as patients have increasingly shared their stories on social media. In April 2022, retired race car driver Danica Patrick posted on Instagram about her struggles with BII and her decision to have her breast implants removed.
While it can be comforting to find a community of people with similar symptoms as you, unfortunately, sometimes these channels help spread misinformation or unnecessary fear.
Many patients with BII symptoms can find relief without having to remove their breast implants. In some cases, the cause of symptoms is an underlying condition that affects the immune system or hormone production.
If you develop unexplained symptoms that you suspect may stem from your breast implants, talk with a board certified plastic surgeon. We will listen to you and try to determine what the cause of your symptoms are and connect you with specialists if need be.
Determining the cause of your symptoms
Symptoms can occur with any type of breast implants and can start immediately after implantation or years later.
Because so many BII symptoms are associated with other conditions, it’s important to rule out causes unrelated to the breast implants. For example, many similar symptoms are associated with autoimmune conditions such as lupus, rheumatoid arthritis, scleroderma, and Lyme disease. Hypothyroidism, menopause, and fibromyalgia also can cause symptoms similar to those of BII.
Our goals in diagnosis are to determine the cause of your symptoms and to make a plan to resolve those issues at the source. In some women, the implants themselves prove to be the issue, such as if the implant or tissues surrounding it stiffen, or if the implant ruptures. For many more, an underlying condition is the culprit.
Diagnosis starts with a conversation about what triggers your symptoms and the extent to which they interfere with your quality of life. From there, we may refer you to a specialist in areas such as:
If the specialists find an underlying condition, unrelated to your breast implants, treatment for that condition should relieve or eliminate your symptoms. If no underlying conditions are found, we’ll discuss potential next steps, such as removing your implants.
Deciding whether to remove your breast implants
Choosing to remove your breast implants is just as big a decision as it was to get them, and yet more women made that decision in 2021 than in previous years. According to statistics from The Aesthetic Society, 148,000 women had implants removed and replaced (up 32% from 2020), and 71,000 had their implants removed and not replaced (up 47%), though it’s unclear what role if any BII played in the increase.
If you’re unhappy with the size or shape of your implants, or if you’ve developed a complication such as capsular contracture – the formation of hard, stiff scar tissue around the implant – the decision to remove them may reduce your symptoms.
But if you are satisfied with your appearance and your symptoms are systemic, rather than directly associated with the breasts, the decision can be more difficult. Even if BII symptoms resolve after implant removal, adjusting to changes in your appearance can be challenging.
Your plastic surgeon will discuss all options with you to help you make the best decision.
Clearing up common myths related to BII
There are many websites and social media groups dedicated to breast implant illness. And it’s not unusual for patients to tell us they read or saw something that worries them in one of these communities. We’d like to address a couple of the more common concerns.
Sagging skin after implant removal: There are a lot of people who post photos of themselves after having their implants removed. These photos are usually of women who had very large – 400cc or 500cc – implants removed, leaving excessive, sagging skin behind. Images like these can cause unnecessary anxiety.
Transferring fat to the breast from elsewhere in the body can help restore some volume after implant removal. Though your breasts likely will not be as full as they were with implants, this process can provide a pleasing appearance and a less dramatic transition.
“Only one right” way to remove implants: There are several methods to safely remove breast implants:
However, many social communities say that only specific procedures – notably en-bloc capsulectomy – will eliminate BII symptoms. This is untrue, and there are situations in which that procedure could cause more problems. For example, if the capsule is stuck to the chest wall, taking it all out could cause a pneumothorax, or air to leak into the space between the lungs and chest wall. In this case, we can take out most of the capsule and cauterize the patch that’s against the ribcage.
Additionally, removing the capsule and implant together (en-block) may require a longer incision, especially for women who have only had an augmentation and not a breast lift plus augmentation.
Current research and action related to BII
Research is under way to determine the degree to which certain symptoms are directly caused by breast implants and what effect, if any, removal has on those symptoms.
A study published in December 2021 found that the type of breast implant removal performed did not affect the reduction of breast implant illness symptoms.
Part two of this study investigated concerns, expressed on some BII websites, that the presence of heavy metals in silicone and saline breast implant capsules are a primary cause of systemic symptoms and health problems. More than 20 heavy metals were studied and some participants with BII symptoms had statistically higher levels of arsenic and zinc in their breast implant capsules compared with participants who didn’t exhibit BII symptoms. But the measured levels were all below what is considered acceptable exposure levels by regulatory agencies.
Also, the research confirmed that fewer heavy metals were detected in breast implant capsules than in breast tissue from patients who never had implants. Among participants with BII symptoms, there was a higher number of current or former smokers using tobacco and marijuana and a greater number of women with gluten allergies, suggesting that environmental exposure and personal choices related to cigarette smoking, marijuana use, tattoo pigments, and dietary sources may be the source of a BII patient’s exposure to heavy metals.
Based on this research, heavy metal toxicity should not sway a patient’s decision to remove her breast implants.
Finally, it’s important to note that a BII task force has been established within The Aesthetic Society to conduct research and follow new breast implant patients for more than 10 years in hopes of establishing more definitive data and finding more answers for patients and providers.
We understand it can be extremely frustrating to feel unwell without a specific diagnosis – especially after you’ve been through one or more major breast surgeries. Our breast plastic surgery and specialist teams work together, dedicated to providing you with evidence-based care that will get you to the ultimate goal of feeling better.
If you experience symptoms or complications that you suspect may be related to breast implants, call 214-645-8300 or request an appointment online.
is breast implant removal tax deductible
You probably know by now that charitable deductions are tax-deductible. But how about the cost of caring for your pet? Or your kid’s clarinet lessons?
In select cases, the IRS has permitted taxpayers to deduct off-beat expenses on their tax returns.
Here’s the key: Those costs must meet certain conditions; they can’t just be personal expenses.
For instance, these costs might be a qualified medical expense or they are an entrepreneur’s “ordinary and necessary” business expense.
“Pets aren’t deductible,” said Lisa Greene-Lewis, a CPA with TurboTax. “But if there are medical reasons for a service animal, then you can deduct their expenses.”
This tax season is especially notable because of the Tax Cuts and Jobs Act, which took effect in 2018. The new law roughly doubled the standard deduction to $12,000 for singles ($24,000 for married joint filers), eliminated personal exemptions and limited itemized deductions.
Due to those changes, only about 18 million households will itemize in 2018, down from 46.5 million households in 2017, according to the Joint Committee on Taxation.
That means it could be harder for filers to claim off-beat itemized deductions on their returns.
Nevertheless, here’s a sample of some deductions filers have sought — and received from the IRS.
Generally, you can’t collect a tax break for cosmetic surgery.
However, in 1994 the U.S. Tax Court allowed an exception in the case of Cynthia S. Hess, then a self-employed exotic dancer in Fort Wayne, Indiana.
Hess, who was also known as Chesty Love, underwent a series of dramatic breast augmentation surgeries in 1988.
She tried to nab a depreciation tax break on the implants, declaring them a deductible business expense.
The IRS initially blocked the deduction, asserting that the implants were a personal cost. However, the Tax Court found them to be a business expense and ruled in Hess’s favor.
Back in 1990, the Tax Court ruled in favor of John and Joana French, who tried to write off on their 1984 taxes on a private plane they used to check on their rental condo.
The Frenches were based out of San Jose, California, and their condo was in Mammoth Lakes, California. The two had the choice of driving more than six hours or taking the one commercial flight available in order to look after their property.
The IRS had argued that the family enjoyed flying to Mammoth Lakes and that they would ski and swim during their visits, therefore the trips were actually vacations.
The Tax Court permitted the write-offs: “We do not consider the expenses here to be unreasonable given the surrounding circumstances, if it is considered reasonable for petitioners to personally manage the condo.”
The IRS allowed a junkyard owner to deduct the cost of cat food as a business expense. In this case, the taxpayer asserted that the food was necessary to attract feral cats, which kept the junkyard’s pests — wild rats and snakes — in check.
On the other side of the spectrum, if you have a service animal or guide dog, you can deduct the cost of buying, training and maintaining it. This would count as a medical expense.
Finally, if your pet becomes an internet sensation, you might be able to deduct related costs as business expenses, said Greene-Lewis.
Be aware that your pet’s activities must be considered a business — not a hobby — in order for those expenses to be deductible.
The IRS has a nine-part test to help you make the determination, addressing the time and effort spent into making your activity profitable and whether you maintain accurate books and records.
Here’s one situation where a swimming pool isn’t just a money pit: Your doctor prescribes it to treat a medical condition.
“If your doctor prescribes exercise in a swimming pool and you need it to mitigate a disease, it could be deductible as a medical expense,” said Greene-Lewis.
The same goes for weight-loss aids that your doctor prescribes to treat a particular illness. This might be deductible, but only to the extent it’s not covered by insurance.
In 1962, the IRS added a provision that allowed a tax deduction for clarinet lessons based on an orthodontist’s recommendation that the woodwind instrument could help correct a child’s overbite.
“The cost of the instrument and the clarinet lessons were deductible as a medical expense,” said Greene-Lewis.
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