Patients Sue Breast-Implant Manufacturer Allergan, Says Consumer-Rights Law Firm FeganScott
November 08 2019 - 5:48PM
Business Wire
The manufacturer’s textured products are linked
to large cell lymphoma
Allergan, the manufacturers of BIOCELL textured “gummy” breast
implants, is the target of a proposed national class-action lawsuit
by consumer-rights law firm FeganScott. The suit claims that
although the FDA issued a recall for Allergan’s BIOCELL products,
the company has no plans to provide medical monitoring for
individuals at risk of developing breast implant-associated
anaplastic large cell lymphoma (BIA-ALCL).
According to the suit, filed in U.S. District Court for the
Southern District of Iowa, Central Division, Allergan refuses to
appropriately care for, monitor and compensate individuals who seek
to remove the recalled implants or undergo invasive and expensive
diagnostic procedures.
“For decades, Allergan knew that its recalled implants were six
times more likely to cause BIA-ALCL, but it continued to market
these products, seemingly with little regard for the well-being of
its users,” said Beth Fegan, founder and managing member of
FeganScott.
Fegan noted that beginning in at least 2006, Allergan possessed
information and evidence demonstrating that its recalled BIOCELL
implants posed a significant risk of BIA-ALCL.
According to the complaint, Allergan violated state and federal
law by failing to properly investigate, identify, disclose, warn
of, and report the risks and adverse events associated with the
implants.
“Allergan wasn’t just trying to avoid reporting on the link
between their implants and cancer, it also conducted business with
purposeful secrecy—seeking to bury evidence of adverse events and
avoid public disclosure,” said Fegan.
The 12-page complaint details Allergan’s alleged actions that
prevented consumers from making informed decisions about their
implants, resulting in mounting surgical costs for removal and
ongoing medical monitoring.
Fegan added that the intent to deceive consumers into purchasing
recalled BIOCELL implants resulted in a bevy of individuals who
would have chosen a different product, had they been properly
informed.
“These days, we see recalls issued on a regular basis, but the
claims in this lawsuit are deeply disturbing and suggest the
manufacturer’s ongoing attempts to disregard safety in favor of
profit,” said Fegan.
The suit seeks to represent all U.S. consumers who, for personal
use, implanted Allergan’s BIOCELL products that have been recalled
by the FDA and who have not been diagnosed with breast
implant-associated anaplastic large cell lymphoma.
According to Fegan, despite Allergan’s compliance with the FDA’s
recall, individuals with the implants are still at risk.
“Allergan tried to placate patients, offering to replace the
implants with an alternative, ostensibly safer type of implant, but
refused to pay for the cost of surgery,” Fegan noted. “What’s
worse, Allergen refused to help the women who simply wanted to take
the implants out or make medical monitoring possible to guard
against developing cancer later.”
Consumers who are interested in learning more about this
class-action suit are urged to send their contact information to
allergan@feganscott.com.
About FeganScott
FeganScott is a national class-action law firm dedicated to
helping victims of consumer fraud, sexual abuse, and
discrimination. The firm is championed by acclaimed veteran,
class-action attorneys who have successfully recovered $1 billion
for victims nationwide. FeganScott is committed to pursuing
successful outcomes with integrity and excellence while holding the
responsible parties accountable.
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version on businesswire.com: https://www.businesswire.com/news/home/20191108005652/en/
Mark Firmani feganscottpr@firmani.com 206.466.2700 Case:
4:19-cv-00361
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