Allergan USA Inc. and Allergan Sales LLC were also named as defendants in the suit.
On Sept. 16, 2014, a breast implant device manufactured by the defendants was implanted in Pamela R. Loftus. On Jan. 26, 2015, Loftus discovered the implant had ruptured, causing her pain and discomfort and releasing and spilling its contents into her body, according to a complaint filed Jan. 23 in Kanawha Circuit Court and removed to federal court on March 2.
Loftus claims the breast implant device was negligently and carelessly manufactured by the defendants so as to proximately cause and permit the rupture and leakage at a time when rupture and leakage should not have occurred.
Allergan negligently and carelessly failed to properly design and manufacture the breast implant in such a way or manner as to avoid the rupture and release, according to the suit.
Loftus claims the breast implant did not comply with the warranties of fitness for its particular purpose required of a device for its intended purpose.
Allergen failed to properly and fully inform Loftus of the dangers of implanting the breast implant into her breast, according to the suit.
Loftus claims the materials released into Loftus’ body as a result of the rupture and release proximately caused infections and reactions to occur in Loftus’ body, including causing adverse reactions in and to Loftus’ heart and permanently injuring Loftus’ heart, causing her to suffer the pain and mental anguish of multiple surgeries and anesthesia necessary to treat and control the infections and reactions which Loftus need not have otherwise endured, resulting in her suffering permanent scaring, pain and mental anguish.
As a result of Allegan’s actions, Loftus incurred medical bills and expenses totaling in excess of $75,000 and has suffered lost wages in excess of $80,000, according to the suit.
Loftus is seeking compensatory damages. She is representing herself.
The defendants are represented by Aaron N. Arthur and David B. Thomas of Thomas Combs & Spann.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-01430