Should I be compensated for a faulty implant?

Question

I had my implants replaced after 8 years because one had ruptured and when the dr removed the implant he advised me it was pretty smashed up and torn and he had to do a lot of repair work on my left breast. He asked me if I was in an accident because these implants are not meant to break and have a life time warranty. The implants where from a company called allergen and I'm just wondering should I take this further as I was experiencing pain for a few years and I was out of pocket for the operation.

Richard Baxter, MD · Answer

Breast implants may not last a lifetime in every case but in the U.S. the manufacturer's warranty will cover replacement, and if it happens within the first 10 years you should have received some additional allowance for anesthesia and facility costs. In order for an accident to have caused the implants to break it would have had to be a very significant event and you would have had bigger problems than needing to replace your implants.

Don Fontana, MD · Answer

Sorry  that you  experienced  this problem. Unfortunately, implant rupture is uncommon but  does  happen. The manufacturer warrants the implants, but they are not  considered to be lifetime warranties. As stated, you could have injured  yourself causing the implant to break. It's an unfortunate situation, but  breast implants are known to break.

Curtis Wong, MD · Answer

your surgeon's statement that it 'implants weren't meant to break' is fallacious as all man-made devices will fail at sometime.  As for the work on your breast, more specifics needed but if it was as 'smashed up' as you say, it would likely be due to an accident and not the implant.  I don't think you could find an expert witness that would say the implant was at fault for your problems.  And if your implant was removed before 10 years of age, there could be some warranty money for you and your surgeon's office should be able to tell you more about what coverage you had.

Tom J. Pousti, MD · Answer

I'm sorry to hear about the complication of breast implant leakage that you have experienced. Contrary to your statement however, breast implant leakage can occur and is a known complication. These implants are not meant to be lifetime devices, although they do have lifetime warranties associated with them. Therefore, it is probably not reasonable to  seek compensation for a  “faulty implant”.  Best wishes.

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