Lawsuits 

Scroll down for a current list of breast implant lawsuits. Mentor breast implant lawsuits are underway as of October 2016. There are Allergan saline lawsuits against two plastic surgeons (Dr. Loren Clayman and Dr. Mark Clayman) in Florida and against Allergan. In March 2017, the FDA issued a warning confirming that breast implants cause ALCL cancer. Lawsuits for ladies with ALCL are currently being organized. If you are interested in following developments in any of these cases and in our information in regard to breast implant lawsuits please leave a comment below.

Where to Start:

Gather all medical records from each of your medical providers, such as: implanting surgeon, primary doctor, specialists, dentist, etc. Regardless of a lawsuit, it is important to keep your own file of all pertaining medical records. How long medical offices are required to retain medical records varies with each state. For more information on requesting medical records, click on the link.

1. Obtain every page of your plastic surgery records (all operative reports, follow-up visits, etc). Ask if you were part of a manufacturer breast implant study and check all your records for any notes made by the surgeon.

2. Write down all your symptoms and try to put them in chronological order. Note the year and the month if possible of when each one started. This is important to document.

3. Talk with your doctor; share the chronology of symptoms and provide scientific literature of foreign body reaction and silicone as an adjuvant. Breast implant illness and explant is a medical necessity procedure for many of us. Discuss this with your health care provider and see if a Medical Necessity Letter can be written.

4. Do heavy metal and chemical testing before explant to see if there is any measurable, quantitative toxicity, as well as any other lab work that is related to your health.

5. When you explant make sure your implants and capsules are not destroyed and make arrangements to secure them. Ask your surgeon for pictures of the implants and capsules at the time of surgery. You can even try asking if they will video tape the surgery. Maintain a chain of custody for both, implants and capsules.

6. Research medical device product liability and parallel state law claims. There has been an increasing number of Class III medical device parallel claims pursued with relative success.

7. Research and put together a list of other medical device cases that have either won or are currently ongoing against your manufacturer or other manufacturers (ex. transvaginal mesh, hip implants, Essure cases, etc).

8. Search for a product liability lawyer. Provide them with your research in an organized fashion: a chronology of your medical history, any doctor reports that support your allegations, the current breast implant cases below and the other current medical device cases you researched.

9. Sign a retainer with the law firm. Generally, product liability and personal injury cases are taken on contingency. This means the attorney shall advance litigation costs, travel expenses, copying fees, expert witnesses, etc. In a contingency case you should not have to upfront costs. If you win the case, a lawyer’s fees come out of the money awarded. Contingency fees can range from 25-40%, with average being 33% or one-third. If there is trial involved, contingency fees can be 40%.

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Current breast implant lawsuits underway:

Silicone

  • Weber v. Allergan
  • Ebrahimi v. Mentor
  • Mize v. Mentor Nguyen v. Mentor (Spouse Plaintiff)

Saline

  • Allergan Saline Lawsuits
  • Shirley v. Johnson & Johnson et al (Mentor)

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Mentor Silicone Breast Implant Lawsuits:

Lawsuit Filed Against Mentor Worldwide Over Mentor MemoryGel Silicone Breast Implants 

(September 28, 2016)

A Seattle woman, Sara Ebrahimi, has filed suit against Mentor Worldwide LLC and its parent company, Johnson & Johnson Services, Inc., alleging the defective manufacturing of Mentor MemoryGel Silicone Breast Implants. The lawsuit alleges that Mentor and its parent company, Johnson & Johnson, repeatedly failed to follow the requirements imposed by the Food and Drug Administration (“FDA”) in connection with the approval of Mentor’s premarket approval application. It is further alleged that the companies failed to warn the FDA and women receiving the implants of the devices’ known dangerous propensities. The lawsuit — Ebrahimi v. Mentor Worldwide LLC, et al. (case no. 2:16-cv-07316-DMG) — was filed in the Central District of California in Los Angeles, where Mentor is headquartered.

Mentor develops, manufactures, and markets products for surgical and non-surgical procedures, including Mentor MemoryGel Silicone Breast ImplantsThe lawsuit alleges that chemicals Mentor used in the manufacturing process bled through the implants, and into Ms. Ebrahimi’s body, causing her to suffer serious medical problems. It is alleged that Mentor and Johnson & Johnson knew that their devices were defective, yet allowed them to be surgically implanted in Ms. Ebrahimi and other unsuspecting women. It is further alleged that Mentor and Johnson & Johnson failed to warn the FDA of these risks by not providing adequate follow-through studies.

Mentor MemoryGel Silicone Breast Implants are regulated medical devices under the Food, Drug and Cosmetic Act that require FDA approval. As a condition of approval, the FDA required that Mentor conduct six post-approval studies to demonstrate, over time, that its silicone implants were safe and effective. The lawsuit alleges that Mentor failed to design effective studies and, as a result, failed to provide the FDA with the longitudinal studies that were required as a condition to the devices’ approval. It is alleged that:

It was Mentor’s obligation to design and execute a study where women were able to access internet forms that are easily understood and provide a working forum to report their experience with implants. Mentor intentionally and systematically failed to make this happen which is a violation of the FDA’s conditions for approval. Data collection was sparse and potential serious side effects and harmful complications were downplayed and under-reported due to inadequate sample size.

Ms. Ebrahimi is represented by the law firm of Cotchett, Pitre & McCarthy, LLP, which has decades of experience litigating complex cases involving defective products that harm consumers. Contact form.

Rexina Mize, et al. v. Mentor Worldwide LLC

(February 2nd, 2017)

The case is Mize v. Mentor Worldwide LLC, No. BC-649083, California Superior Court (Los Angeles). In late March the case was transferred and reassigned to the judge handling the other Mentor case, and the case number was changed to CV 17-1747 DMG (KSx).

Her husband, Spouse Plaintiff Minh Nguyen, is also suing Mentor on loss of consortium.

They are represented by Jaime Moss and Jennifer Lenze at the Lenze Moss Law Firmcontact form, and Jason Jordan at Jordan Law. If you contact them, make sure to understand if it will be for an individual case or a class action. The latter (class actions) are not recommended. Those are what happened in the 90’s and is how the lawyers ended up with significant compensation. Another point to understand is that when a small law firm of one or two attorneys is leading a case, they will generally sell client referrals to other law firms. You may wish to inquire if this is the case; ask if you are out of state (outside California), if your referral will be sold to other law firms.

From the article, Johnson & Johnson Unit Sued Over Leaking Breast Implants:

“We believe the problems with Mentor’s silicone implant are pervasive and may have harmed thousands of women,” Moss said. “This suit may be just the tip of the iceberg.”

“The suit filed yesterday contends Mentor officials failed to warn Mize, who says she’s suffering from pain, nausea, skin rashes and extreme fatigue, and her physician about “the risk of serious defects and life-altering complications” tied to the leaking implants.”

Allergan Silicone Breast Implant Lawsuits:

Nicole Weber v. Allergan No. 13-17017 (9th Circuit 2015)

The case was filed in 2012 and is moving to trial in early 2018.

“Weber appealed the district court’s dismissal of Weber’s diversity action brought against Allergan Inc, asserting strict product liability and negligence, and alleging that Allergan’s Natrelle Style 20 [silicone] breast implants are dangerous.” (Sept 21, 2015). See youtube video on her 9th Circuit court hearing. (The opposing attorney talks at 37:00)

Her amended claim was found to adequately state parallel state law claims (Oct. 23, 2015).

“Weber has identified to the extent possible without discovery, the standards she believes the manufacture of her implants violated, adequately stating parallel state-law claims.” the court said.

Allergan Saline Lawsuits:

In Jacksonville, Florida, the law firm of Terrell Hogan is filing hundreds of lawsuits against two local plastic surgeons – Dr. Loren Clayman and Dr. Mark Clayman. There are also allegations of fraud, as well as a lawsuit against Allergan.

“I represent about 150 women,” said Attorney Chris Shakib.

Shakib, the lead attorney in the case, called his findings unbelievable.

For further information, see articles on this here (June 1st, 2016) and here (November 29th, 2016).

Mentor Saline Lawsuits:

Melissa Shirley v. Johnson & Johnson et al (Mentor)

The case is Shirley v. Johnson & Johnson et al, No. 4:17-cv-00090, filed in Georgia Northern District Court on May 15th 2017. Allegedly her Mentor saline breast implants were defectively designed and caused unreasonable harm. It is stated in the complaint filed, that the implants were found to have “defective valves, internal debris and determined to have been leaking.” As a result of this she “suffered injury in the form of bio-toxin disease, sternal pain, mastodynia, and mold infection manifested as enlarged lymph nodes.” She was implanted on June 19th, 2003 and had explantation surgery on May 14th, 2015. She is represented by the Goddard Hammontree & Bolding law firm. See also the article “Mentor Breast Implant Lawsuit Filed Over Mold Infection, Bio-Toxin Disease.”