Canadian Class Action Commenced Against Breast Implant Manufacturer Allergan
Author(s): Kate Cahill
May 23, 2019
On May 23, 2019, Thomson Rogers and Rochon Genova LLP issued a class action on behalf of Canadians who were implanted with breast implants manufactured and distributed by Allergan plc and several of its affiliates.
The proposed Canada-wide class action, filed with the Ontario Superior Court of Justice, alleges, among other things, that the defendants knew or ought to have known that the Allergan Implants were associated with breast implant-related illnesses, including several autoimmune, musculoskeletal and neurological disorders, numerous cognitive adverse health effects, as well as the development of breast-implant associated anaplastic large cell lymphoma (“BIA-ALCL”). In spite of having this knowledge, the defendants have failed to warn Canadian patients adequately or at all about these risks and have still not recalled the Allergan Implants in Canada.
The proposed Representative Plaintiff for Canadians with the Allergan Implants is a Toronto woman who has suffered from a variety of serious and debilitating adverse medical effects since having her implant surgery in January of 2014 and who says that if she had been told about the negative side effects of having the implants, or of the risk of developing cancer from the implants, she never would have had the surgery. She is anxious to have her implants surgically removed soon in order to alleviate her symptoms and to hopefully mitigate her risk of developing BIA-ALCL.
For further information or to be included in the Allergan Implants class action, please contact Kate Cahill at 416-868-3120 or toll-free at 1-888-223-0448 or by email firstname.lastname@example.org.
Kate Cahill, is a personal injury lawyer and a partner at Thomson Rogers. Kate is co-lead counsel on the Canadian class action against Allergan. Her practice focuses primarily on medical malpractice cases, including claims arising from obstetrical negligence, surgical negligence, emergency room negligence, medication errors, missed diagnoses and delayed diagnoses. Her medical litigation practice extends to representing people who have suffered injury as a result of defective medical devices or surgical implants. For more information on Kate, click here.
Allergan Breast Implants Updates
UPDATE (May 28, 2019)
Health Canada has suspended Allergan’s licence for its Biocell breast implants, having concluded that the potential risks associated with the implants outweigh the benefits, including the serious risk of BIA-ALCL, a serious type of non-Hodgkin lymphoma. Health Canada has stated that “possible risk factors and causes for the disease include the high surface area of the implants, genetic factors, and long-term (chronic) inflammation around the implant triggered by factors such as bacteria around the implant.” BIA-ALCL is a cancer that affects the immune system that may develop many months or years after a breast implant procedure.
Government of Canada (Recalls and safety alerts) – Health Canada suspends Allergan’s licences for its Biocell breast implants after safety review concludes an increased risk of cancer (English) (French)
January 14, 2020 | CBC News – An emerging malignancy’: Cancer linked to these breast implants no longer ‘rare’, data suggests
July 24, 2019 | Global News – Allergan recalls Biocell textured breast implants worldwide
April 4, 2019 | Government of Canada – Health Canada advises Allergan of its intent to suspend its licences for Biocell breast implants as a precautionary measure
April 4, 2019 | The Star – Health Canada moves to ban textured breast implants
Nov. 26, 2018 | The Star – Biocell breast implants at centre of “biggest controversy in plastic surgery’
Nov. 24, 2017 | Government of Canada – Breast Implants Risk of Anaplastic Large Cell Lymphoma (BIA-ALCL)