Lumpectomy is an alternative to mastectomy that allows women to keep their breasts and postpone reconstructive surgery. Patients who received the BioZorb implant in their breasts have complained of severe adverse effects, including discomfort and further surgeries. In addition, many women report suffering intense anxiety and stress from worrying that the cancer has returned or wasn’t completely eradicated.
If you’ve had a lumpectomy and your physicians placed a BioZorb device in your breast, you’re not alone if you’ve had significant pain, scarring, swelling, skin irritation, different breast sizes, or a huge, hard lump. Concerns concerning the effectiveness and safety of the BioZorb device have been raised after hearing from several patients who had a lumpectomy and also received one of these devices. As we’ve covered in other posts, patients have a right to be informed about any and all potential risks associated with the use of any medical equipment. A patient may file a claim for product responsibility against the manufacturer if the manufacturer failed to provide adequate warnings concerning dangers the manufacturer knew or should have known about. Although these lawsuits might result in significant payouts to victims, they also serve a vital purpose by holding manufacturers responsible for the goods they release.
Contact our product liability lawyers at 866-778-5500 or complete our contact form to learn what your legal options are.
Hologic creates a medicinal product called BioZorb. During a lumpectomy, the equipment is used to pinpoint the exact region of the breast that has to be removed. A bioabsorbable framework is held in place by six titanium clips designed to be permanent. Therefore, in principle, the gadget helps surgeons be more precise about which sections of the breast need to be removed. As a result, less of the breast will have to be cut away.
Many different symptoms, some rather severe, have been reported by patients whose physicians implanted a BioZorb device in their bodies. The following are some of the possible adverse reactions to BioZorb:
A number of medical professionals have voiced their worries that the presence of the BioZorb device in a woman’s breast necessitates the administration of more radiation after the lumpectomy. This may cause a variety of unwanted outcomes, including telangiectasias, sometimes known as “red spider veins.”
BioZorb devices are still being used by certain surgeons during lumpectomies. Medical professionals are divided on whether or not to utilize BioZorb. Some have argued that the “benefits of the BioZorb implant greatly outweigh the adverse effects” since it allows doctors to remove less tissue from the breasts of many patients. While some physicians recommend the device, others warn against implanting it, saying that it’s often unneeded and may even cause complications.
Know your legal options.
In the case of a lumpectomy, informed permission would have been required prior to any device implantation. Your doctor should have discussed the pros and cons of using BioZorb with you before the lumpectomy and gotten your consent before proceeding with the surgery. If you have any doubts about whether or not your doctor implanted a BioZorb device, you can get in touch with them to find out.
According to Hologic, the company that makes BioZorb, it should break down and be absorbed in about a year. While the BioZorb device is supposed to disintegrate over time, several women have reported that the device was still present even two years after their lumpectomy. So many patients who had significant lumps, discomfort, or other adverse effects have opted to have the device removed as quickly as possible.
Patients who have suffered from pain, scars, or other issues after having a BioZorb device implanted may have grounds for a product liability claim against Hologic, the company responsible for making the device.
When a customer is harmed by a product, they may file a claim for personal injury in the form of a lawsuit against the manufacturer. However, other parties in the product’s supply chain, including distributors, merchants, and others, may also be held accountable for any injuries or damages that may have resulted from using the product in question.
Product liability claims are based on the principle that companies should be financially accountable for any injuries their product causes. Product liability claims also acknowledge that producers are in the best position to assure the safety of their goods and that customers are entitled to the presumption of product safety absent a warning from the manufacturer.
While personal injury lawsuits and product liability claims are similar, the latter often does not need the plaintiff to establish the defendant’s negligence. Instead, “strict liability” law applies in certain situations. In a strict liability case, the injured party need simply prove that the manufacturer or distributor was negligent in providing adequate warnings or that the product was inherently harmful.
Consumers who are thinking about filing a lawsuit against BioZorb should not conclude that doing so will be simple. Instead, medical device companies anticipate product liability lawsuits and are staffed to handle them with experienced legal counsel. Therefore, individuals curious about filing a Hologic claim should consult a seasoned product liability lawyer. Give us a call at 866-778-5500 or complete our contact form to learn what your legal options are.