Woman receives five-figure settlement

Susan Axelby, who underwent double mastectomies in 1999 due to a high familial risk of breast cancer, received Allergan breast implants later that year. After experiencing multiple complications and surgeries, she was diagnosed with BIA-ALCL in 2018, following noticeable swelling and pain around her right implant.

BIA-ALCL, a rare but potentially fatal form of non-Hodgkin’s lymphoma, has been specifically linked to Allergan breast implants. The implants were suspended from the global market in 2018 and recalled in 2019.

Sarah Moore, partner at Leigh Day, represented Susan in her product liability claim against Allergan Ltd. The claim was settled in November 2023, awarding Susan compensation without any admission of liability from Allergan. This settlement is believed to be one of the first in the UK against Allergan Ltd for BIA-ALCL.

Susan Axelby shared her experience: “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.”

Sarah Moore commented on the settlement: “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 continues to support women struggling to receive a diagnosis of BIA-ALCL and appropriate treatment. Despite increased awareness among patient groups, some clinicians, particularly in the private sector, remain unaware of ALCL symptoms. The firm encourages anyone diagnosed with BIA-ALCL who wishes to explore legal action to contact them.