In October 2019, a class action-lawsuit was brought against Allergan, the maker of dangerous breast implants linked to cancer. The lawsuit claims that Allergan does not plan to monitor at-risk individuals for breast implant cancer, even though the FDA issued a recall due to risk. Other similar lawsuits have been filed against the company in recent years.
Allergan Lawsuit Claims Victims Being Asked to Waive Rights
The pending Allergan class-action lawsuit involves the company’s BIOCELL textured breast implants, which are linked to cases of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
The Allergan lawsuit also alleges that victims are being misled and asked to sign their rights away by the manufacturer.
The claim argues that Allergan is targeting class-action members with an offer of up to $7,500 to remove the implants. But to secure this money, the victims need to waive their rights to sue the company — even if they develop breast implant cancer.
Allergan is even encouraging doctors to have their patients with breast implants sign the waiver.
An attorney involved in the case is quoted as saying:
“We know that patients often have a special, trusting relationship with their physician, and are much more likely to follow their direction than if Allergan communicated directly with the patient.”
Six Women Have Filed an Allergan Lawsuit in New Jersey
Any patient who develops breast implant cancer from Allergan’s products deserves the right to file a lawsuit and receive compensation. Recent Allergan lawsuits are currently pending in courts across the country.
For example, an Allergan lawsuit was recently filed in New Jersey Superior Court by six women who claim the manufacturer did not warn the public of the health risks.
The women also allege that Allergan downplayed the dangers of its BIOCELL brand after learning that it was linked to breast implant cancer.
Those who have sued have either had their implants removed or are planning to have them removed in the future. The legal complaint states that this removal comes at a “significant expense” which includes pain and disfigurement.
In addition to this lawsuit, Allergen has faced legal claims in Massachusetts and Florida. There is also a pending Allergan class-action lawsuit in Canada.
Lawyers involved in the lawsuits have stated:
“We have talked with so many women who feel victimized and abandoned by Allergan. The manufacturer demonstrated it has no intent to live up to its responsibilities, so we plan the use the court system to force it to do just that.”
As these lawsuits develop, it’s important for victims to know the relationship between manufacturers and breast implant cancer risks. If manufacturers like Allergan cannot keep their patients safe, they deserve to be held accountable.
Alarming Breast Implant Cancer Statistics
Canadian health officials have recently reported that breast implant cancer has doubled since Allergan recalled its products in 2019.
BIA-ALCL linked with breast implants was once considered extremely rare but the FDA has released reports of 573 cases worldwide, including 33 deaths as of 2019.
Other breast implant cancer statistics show that Allergan’s BIOCELL products are six times more likely to cause cancer than other products.
If an Allergan class-action lawsuit is certified by the court, victims who are affected will be contacted for inclusion.