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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 second proposed national class-action lawsuit by consumer-rights law firm FeganScott. The expanded complaint, which broadens the range of the allegedly defective products covered by 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 Eastern District of Michigan, 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. Now, we’re expanding our complaint to more fully represent the extent of the alleged harm,” 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 new, 42-page complaint details Allergan’s alleged actions that prevented consumers from making informed decisions about their implants, naming additional product styles that could result 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. As women continue to express their concern over the product, we’re only just beginning to see the impact of Allergan’s evasive and dangerous behavior,” 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 email@example.com.
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.
View source version on businesswire.com: https://www.businesswire.com/news/home/20191126005898/en/