Miami Silicone Breast Implant Attorney

Call this Miami Silicone Breast Implant Lawyer fights hard for women who have been hurt due to medical malpractice. Silicone implants have been used as part of breast augmentation surgeries in the United States since 1962. They can be effective methods of breast augmentations, but they can also be very dangerous. If you have been injured due to a silicone breast implant, you may have a personal injury case against the doctor who inserted the breast implant or the manufacturer of the breast implant.

A “revised settlement program” was previously in place to help to compensate women injured due to silicone breast implants manufactured by the following companies:

• Baxter
• Bristol
• Mentor
• 3M
• Post-84 McGhan

Women injured due to breast implants manufactured by the following companies also received compensation as part of the Program:

• Mentor
• Cox-Uphoff
• Bioplasty

Nevertheless, the Program is now closed, and it is no longer possible for women to receive compensation this way.

The Dow Corning Corporation has set a program to provide compensation specifically for its own silicone breast implants. This program is called the “Dow Corning Trust.” The last day you can apply for compensation through this Program is June 3, 2019.

If you’ve been harmed by a silicone breast implant anywhere in Florida, contact Mr. Quackenbush. This includes Broward County, Fort Lauderdale, Palm Beach County, and West Palm Beach. This Miami Silicone Breast Implant Law Firm has experience handling medical malpractice cases. Call Mr. Quackenbush at 954-448-7288 to discuss you case for free today.

There are two ways to recover under the Dow Corning Trust. One requires proof of disability related to the condition. This could include Atypical Connective Tissue Disease (ACTD) or Atypical Neurological Disease Syndrome (ANDS). Compensation with this option is typically limited to $10,000 to $50,000.

Symptoms from ACTD and ANDS include:

• Arthralgia
• Myalgia
• chronic fatigue
• lymphadenopathy
• neurological symptoms
• cognitive dysfunction
• paresthesia
• photosensitivity
• sicca symptoms
• dysphasia
• alopecia
• balance disturbances
• sleep disturbances
• bruisability
• bleeding disorders
• cystitis
• bladder irritability
• colitis
• bowel irritability
• fever
• night sweats
• mucosal ulcers.

These conditions may also cause

• burning chest pains
• burning breast pains
• burning arms pains
• burning axilla pains.

Silicon breast implants may also cause substantial disfigurement. Nevertheless, Mr. Quackenbush handles cases involving all sorts of harms caused by silicone breast implants.

The second method of gaining compensation through the Dow Corning Trust is more rigorous. This method requires an examination performed by a doctor (who must be board certified) and a diagnosis of one of the following condition:

• General Connective Tissue Disease (GCTS)
• Systemic Lupus Erythematosus (SLE)
• Sclerosis/Systemic Scleroderma (SS)
• Polymyositis (PM)/Dermatomyositis (DM)

Compensation for these conditions can range from $90,000 to $300,000.

There is a “grid” that goes along with the Dow Corning Trust. The grid gives the level of compensation for various disabilities and symptoms. A user can look at the grid, match up his or her own diagnosis/symptoms with the diagnoses/symptoms on the grid and determine how much compensation is due him or her.

However, it can be difficult to figure out exactly where you match up with the grid. Moreover, there may be ways to argue that you belong higher on the grid. As such, it is important to hire a medical malpractice attorney to help you.

There is a separate grid specifically for the second method above (involving General Connective Tissue Disease (GCTS), Systemic Lupus Erythematosus (SLE), Sclerosis/Systemic Scleroderma (SS), Polymyositis (PM)/Dermatomyositis (DM)). This grid includes symptoms such as:

• Scleroderma
• Lupus
• Polymyositis
• Dermatomyositis
• general connective tissue symptoms (GCTS).

Cases involving silicone breast implants may be either medical malpractice or products liability cases. If you’ve been harmed by a silicon breast implant, you may be able to pursue a case against the doctor/surgeon who inserted the implant. This would be if the doctor did something wrong inserting the implant. It would also apply if the doctor knew that the implant was bad and inserted it anyway. This would be referred to as a medical malpractice case.

On the other hand, if you’re harmed by a silicone breast implant, you may be able to pursue a case against the manufacturer of the breast implant. This would be if there was something defective about the breast implant that caused your problems. It would be referred to as a products liability case. In order to pursue a products liability claim, you would need to prove that, at the time the silicone breast implant was inserted in your body, it was unchanged from the time it left the manufacturer’s hands. After all, if it was changed after it left the manufacturer’s hands, then there’s no way the manufacturer could be responsible for it. In that case, it would be the person or entity who changed it who would be liable.

There’s also the possibility that you could pursue a case against both the doctor/surgeon and the manufacturer of the breast implant. This would be if you could prove that both 1) the silicon breast implant was defective and 2) the doctor/surgeon was negligent. The doctor’s negligence/malpractice could be that he or she knew the silicone breast implant was defective and inserted it anyway.

If your case is a medical malpractice case, then you will have two-years to file a lawsuit. If it is a products liability case, then you will have four years to file your lawsuit – so contact Mr. Quackenbush as soon as possible.

If your loved one has passed away as a result of a silicone breast implant, you may be able to pursue a wrongful death case on your loved one’s behalf. In this case, an estate will be set-up, and a relative or family member will be appointed as the personal representative of the estate (“PR”), and the proceeds from the estate will go to the survivors or beneficiaries of the estate. However, in a medical malpractice case, there are restrictions on who can recover compensation from the case – so it is best to contact Mr. Quackenbush as soon as possible.

If you’ve been harmed as a result of a silicone breast implant anywhere in Miami-Dade County (including Aventura, Coral Gables, Cutler Bay, Doral, Florida City, Hialeah, Hialeah Gardens, Homestead, Key Biscayne, Miami Beach, Miami Gardens, Miami Lakes, North Miami, North Miami Beach, Opa-Locka, Palmetto Bay, Pinecrest, South Miami, and Sunny Isles Beach), contact Mr. Quackenbush at 954-448-7288. He will help to get you the compensation you deserve.