Case guide

Implants after breast cancer: sort out the device records

Had implants or tissue expanders after breast cancer care? Keep each device record.

See If You Qualify

Free · No obligation · About 2 minutes

Updated Oct 4, 202613 sources

This may apply to you if

  • Bring the implant brand, model and operation dates, if known.
  • Bring records of a BIA-ALCL diagnosis or other health concerns for an individual check.
  • Explain prior implant removal or replacement without assuming it decides your legal claim.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

U.S. Food and Drug Administration · Federal medical-device safety agency

Finding: FDA requested the BIOCELL recall because of BIA-ALCL risk. It did not recommend routine removal in patients without symptoms because of surgical risks.

FDA recall request, July 24, 2019 (opens in a new tab) · Jul 24, 2019 · Checked Oct 3, 2026

Leda Dunn Wettre · United States District Court for the District of New Jersey · United States Magistrate Judge

Finding: The July 14, 2026 order set pretrial deadlines for the Henson and Rabin cases. It did not set an individual award.

Case Management Order 42 (opens in a new tab) · Jul 14, 2026 · Checked Oct 3, 2026

The evidence and its limits

U.S. Food and Drug Administration · 2019

FDA BIOCELL recall safety review

Design:
Agency review
Participants:
Review of safety reports, registry data and literature; not one enrolled patient trial.
Finding:
FDA requested recall of certain Allergan BIOCELL textured devices because of BIA-ALCL risk.
Main limitation
The recall does not decide an individual claim or mean all patients should have implants removed.

Read the source: FDA BIOCELL recall safety review (opens in a new tab) · Checked Oct 3, 2026

The short answer

Does breast cancer mean I also have BIA-ALCL?
No. BIA-ALCL is a cancer of the immune system. A breast-cancer history does not confirm it. [2]
Were reconstruction devices included in the recall?
Some implants and tissue expanders were recalled. Others were not. Ask the surgeon to check your model and style. [1]
Why should I keep the expander record too?
An expander and a later implant are not the same device. An expander is meant for short-term use. Keep the dates and model for each. [2]
What if I notice a change near the implant?
Tell your clinician about lasting swelling, pain or a lump. Ask what assessment is needed. Do not wait for a legal reply to seek care. [2]

What rules a case out

Not covered by this case

  • A recalled model alone does not establish a legal claim.
  • Symptoms need a clinical assessment; no award or personal filing date is promised.

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

Had implants or tissue expanders after breast cancer care? Keep each device record. Breast cancer and BIA-ALCL are different diagnoses with different questions.

Does breast cancer mean I also have BIA-ALCL?

No. BIA-ALCL is a cancer of the immune system. A breast-cancer history does not confirm it.

Keep the original diagnosis beside any later findings near an implant. The care team can explain which disease a report names. Do not merge the diagnoses on a legal form.

Were reconstruction devices included in the recall?

Some implants and tissue expanders were recalled. Others were not. Ask the surgeon to check your model and style.

FDA’s July 2019 release lists Natrelle 133 and 133 Plus expanders along with recalled implant lines. The company notice supplies styles. Ask the surgeon which device was used at each step of reconstruction.

Why should I keep the expander record too?

An expander and a later implant are not the same device. An expander is meant for short-term use. Keep the dates and model for each.

FDA says information about risk from temporary exposure to these expanders is limited. Do not replace that uncertainty with an assumption that all expanders had the same risk. Keep the original placement and replacement notes.

What if I notice a change near the implant?

Tell your clinician about lasting swelling, pain or a lump. Ask what assessment is needed. Do not wait for a legal reply to seek care.

FDA describes exams, scans and fluid or tissue testing for suspected lymphoma. A new change is not automatically another breast-cancer diagnosis. Let the care team interpret it with your earlier history.

What should I ask the facility for?

Ask for the device card and notes for each surgery. Explain which procedure’s record is missing. Keep each diagnosis and implant date separate.

A caregiver should ask what authority or consent is needed to obtain someone else’s records. Request the complete device history you are entitled to receive. Keep uncertainty visible rather than assigning a recalled style yourself.

Find out where you stand.

The review is free and private. Asking for it doesn’t commit you to anything.

Register your interest

Sources

  1. FDA recall request, July 24, 2019FDA recall request, July 24, 2019 · regulator
  2. FDA BIA-ALCL questions and answersFDA BIA-ALCL questions and answers · regulator
  3. FDA SCC safety communicationFDA SCC safety communication · regulator
  4. FDA BIA-ALCL medical device reportsFDA BIA-ALCL medical device reports · regulator
  5. Allergan recall announcement posted by FDAAllergan recall announcement posted by FDA · regulator
  6. District of New Jersey Allergan MDL homeDistrict of New Jersey Allergan MDL home · court
  7. Case Management Order 42Case Management Order 42 · court
  8. Case Management Order 43Case Management Order 43 · court
  9. FDA breast implant risks and complicationsFDA breast implant risks and complications · regulator
  10. FDA what to know about breast implantsFDA what to know about breast implants · regulator
  11. ABA Model Rule 1.5: FeesABA Model Rule 1.5: Fees
  12. HHS your medical recordsHHS your medical records · regulator
  13. SDNY how long do I have to file?SDNY how long do I have to file? · court

Checked against 13 primary sources by People's Justice editors · Updated

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