Woman receives five-figure settlement following cancer diagnosis linked to her breast implants
A woman from Sheffield has received a five-figure settlement from Allergan Ltd after being diagnosed with breast implant-related cancer.
Posted on 23 July 2024
In 1999, Susan Axelby chose to undergo double mastectomies due to fears around the high risk of breast cancer in her family. Later that year she was provided with Allergan Ltd breast implants. She experienced multiple issues with her implants and repeated surgeries and developed breast cancer in 2018.
Susan, now aged 66, was diagnosed with BIA-ALCL in 2018 after noticing significant swelling and pain around her right implant.
BIA-ALCL is a rare but potentially fatal form of non-Hodgkinson’s lymphoma which has now been linked specifically with Allergan breast implants. In 2018, they were suspended from the worldwide market, and following a recall in 2019 they are no longer used in the UK.
Sarah Moore, partner at Leigh Day, represented Susan in her product liability claim against Allergan Ltd. The claim was settled, and Susan received compensation from Allergan in November 2023 with no admission of liability. It is thought that this five-figure settlement is one of the first settlements against Allergan Ltd for BIA-ALCL in the UK.
Susan said:
“My diagnosis with BIA-ALCL was a nightmare. The impact on my life has been very significant. I wanted to take legal action against Allergan to ensure that there was some form of accountability. It has been seen to be the view of experts that some of these implants cause cancer. It is crucial that other women are made aware of this and that Allergan Ltd provide compensation so that they can take relevant steps to address their position."
International group claims department partner Sarah Moore added:
“I am pleased that we were able to achieve this settlement for Susan and hope that it will provide some form of closure for her in respect of her difficult experience with Allergan implants.
“Women with Allergan breast implants remain at risk of developing BIA-ALCL. This risk is reportedly low, however, we continue to be concerned about the obstacles women face, particularly in the private sector, in obtaining a BIA-ALCL diagnosis. As with any cancer early diagnosis can be key to improved survival and outcomes”.
"Leigh Day continue to assist women who have had to battle to get a diagnosis of BIA-ALCL and appropriate surgery and treatment. Despite growing awareness of BIA-ALCL across patient groups it is worrying that some clinicians, particularly in the private sector, appear to be unaware of the symptoms of ALCL.
“We urge anyone who has been diagnosed with BIA-ALCL and who wishes to explore the possibility of legal action to get in touch as soon as possible.”
Lawyers at Leigh Day can provide legal advice to those who have had implants from Allergan Ltd and who have been diagnosed with BIA-ALCL, or potentially against clinicians and clinics where diagnosis has been delayed or surgeries have been undertaken negligently. If you believe that you may be eligible, please contact smoore@leighday.co.uk or kbohl@leighday.co.uk
Sarah Moore
Leading international and product safety lawyer
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