Beth Fegan of FeganScott Law Firm Named Co-Lead Counsel in Allergan BIOCELL Class Action
February 19 2020 - 12:59PM
Business Wire
The consumer rights law firm seeks to establish
medical monitoring for individuals at risk of developing cancer
Elizabeth A. Fegan, founder and managing partner of FeganScott,
was named co-lead counsel in the U.S. district court class-action
litigation involving Allergan, the manufacturers of BIOCELL
textured and “gummy” breast implants and tissue expanders.
FeganScott filed a national class-action lawsuit against
Allergan on October 4, 2019, claiming 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).
More recently, FeganScott filed an emergency motion to stop what
the firm describes as an effort by Allergan to mislead plaintiffs
and convince them to sign away their rights to sue the
manufacturer.
The motion alleges Allergan targeted class members, claiming
they can receive up to up to $7,500 for removing their implants and
signing a release. The motion also contends, however, that the
manufacturer did not make class members aware that they would
relinquish their ability to make any claims against the company or
take part in existing litigation, even if they develop cancer
caused by the implants.
Fegan noted that Allergan’s efforts to convince victims to sign
away their rights is especially galling, because Allergan often
uses physicians as the company’s advocates.
“We’ve learned that when patients ask their physicians for
medical help, Allergan in turn presents the physicians with
paperwork – including the language that extinguishes the patient’s
right to sue – to give to the patient,” Fegan said. “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.”
The court has requested that the parties conduct expedited
discovery on Allergan’s procurement of releases, and then
plaintiffs will refile their motion with a full record.
“I’m honored to be named as co-lead counsel in this case, and
along with my co-leads, Shanon Carson, Jennifer Lenze and Virginia
Buchanan, vow to fight to hold Allergan accountable for their
actions,” Fegan said. “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.”
If the court certifies the class action, patients affected by
the BIOCELL recall will be contacted for inclusion.
To stay informed about the suit, visit the FeganScott website
and fill out a contact form.
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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Mark Firmani feganscottpr@firmani.com 206.466.2700
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