Defective Silicone Implant

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CyndiJW
CyndiJW Member Posts: 18
edited June 2014 in Breast Reconstruction
Defective Silicone Implant
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  • CyndiJW
    CyndiJW Member Posts: 18
    edited May 2014

    Really? Yes! I just had a silicone implant replaced two weeks ago today.

    Because it looked so "weird" (my surgeon had never seen anything like this in the ten+ yrs he's been performing amazing reconstructive surgery), he had the Sales Rep from the silicone implant manufacturer actually in the Operating Room with us during the replacement. The implant has been sent back to the manufacturer for their analysis, but the RN I saw today in my surgeon's office for my post-op told me, "Oh, yes. the company has already said they'll Comp the Implant." Huh. Well, good, but I just went through an unnecessary surgery, complete with three days off work to recuperate, all of those medical costs (hospital, surgeon, anesthesiolologists, OR, RR, drugs, bandages, PTO days "wasted", $6000 Out of Pocket Max for insurance), pain, suffering and mental turmoil. Does a "Comped" (refund on cost of implant) really cover all that for me???

    i didn't see my Surgeon today, but will in three weeks, when I can discuss this with him, as the RN & the Receptionist so sweetly put it, when I just as sweetly had mentioned that the defective implant had just cost me $6000 in OOP Max for the year with my insurance company.

    i am not a litigious person. Far, far from it. It was NOT my Surgeon's error, nor any fault of my own. I'm just wondering how far I will have to go with this to really recoup everything this surgery just cost me, in terms of time, money, time lost from work, recuperation, etc...

    Any thoughts? Help? Recommendations?

    Thank you!

    -Cyndi

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  • Nola70115
    Nola70115 Member Posts: 85
    edited June 2014

    You could write a letter to the implant manufacturer, along with a copy of your bills, and ask for reimbursement.  It's possible they would settle with you privately and no suit would have to be filed.  

    If they don't work something out with you, I would have an attorney write another letter on your behalf to show you're not just going to drop the issue.  It's a pretty clear cut example of product liability and they should be held responsible for it.

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  • CyndiJW
    CyndiJW Member Posts: 18
    edited June 2014

    I do plan to go as far with this as is reasonable, considering all I mentioned above. And, yes, thankfully I  can afford to hire an attorney, if necessary, and I'm thinking it will be, to recoup all my losses in both time & money.

    Thanks, Nola, for your supportive words.

    I hope you are doing well! (I am, since my last surgery!)

    *Hugs*

    Cyndi

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  • foreverchanged
    foreverchanged Member Posts: 63
    edited June 2014


    I had surgery to replace a ruptured implant one month after surgery for nipple and areola reconstruction, my surgeon who went on vacation after the first surgery wouldn't believe me when I said I thought I had silicone coming out of my chest from an old drain hole that reopened spontaneously.  The implant was replaced 8 months after first put in but I received no bills for this surgery from anyone although had loss of income from extra time off work.   It was likely done during surgery although PS said "he was no where near the implants".    The path report just said ruptured implant but no one would ever say if defect or punctured/ cut from surgery.  I would have pursued legal action if I was billed for this surgery but didn't feel it was worth it for an extra 2 weeks off work. 

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  • CyndiJW
    CyndiJW Member Posts: 18
    edited June 2014

    I'm curious how all this will play out with my insurance company & all the various bills I have yet to receive.  Of course, with my high deductible health plan we had to pay about $3500 up front the day of my last surgery.  So, there's that already.

    I'll keep you guys updated here.

    -Cyndi

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