Allergan Breast Implant Lawsuit Canada – Howie Sacks & Henry LLP – Beyond Law LLP

Allergan Breast Implant Lawsuit

Allergan Breast Implant Lawsuit in Canada

Howie Sacks and Henry LLP and Beyond Law LLP have joined forces to pursue individual mass tort actions on behalf individuals and their families who are currently suffering or sustained injuries from Allergan breast implants. The partnership between both firms on these individual mass tort actions allows each individual case to be treated with care, professionalism and the attention they deserve using a hands-on and personalized approach.

Why certain breast implants have led to legal action

Lawyers Kate Mazzucco and Renee Vinett talk about why their clients are pursuing legal action after experiencing issues with their implants.

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Call us today for a free consultation and to see if you are eligible to join our Allergan Breast Implant Lawsuit in Canada.

Health Canada suspends Allergan's licences for its Biocell breast implants after safety review concludes an increased risk of cancer

Health Canada has completed an update to a 2017 safety review on breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) and has found that the rate of BIA-ALCL in Canada is significantly higher in patients with macro-textured breast implants compared to other implants. As a result, because the potential risks associated with the implants outweigh their benefits, including the rare but serious risk of BIA-ALCL, Health Canada has suspended the licences for Allergan’s Biocell breast implants.

Allergan Breast Implant Lawsuit in Canada
Frequently Asked Questions

BIA-ALCL is a serious but rare type of non-Hodgkin lymphoma (a cancer that affects the immune system) that may develop many months or years after a breast implant procedure. It is not a cancer of the breast tissue. BIA-ALCL usually presents as an accumulation of fluid (known as seroma fluid) between the implant and the surrounding tissue.[1]

The cause of BIA-ALCL is still not fully understood. Some plastic surgeons believe that it originates with a bacterial infection in the area surrounding the breast implants. They think the crevassed surface and higher surface area of textured implants may provide more opportunity for bacteria to lodge than a smooth-surfaced implant.[2]

[1] http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2019/69520a-eng.php
[2] https://www.icij.org/investigations/implant-files/what-are-textured-breast-implants-and-are-they-safe/

Of the 28 reported cases to Health Canada, 24 involve Allergan’s Biocell textured breast implants. Biocell implants are implanted in patients for a variety of reasons, from mammoplasty, to breast reconstruction or breast augmentation/procedures.  Allergan’s Biocell implants are known as “textured breast implants”. Textured breast implants have a rough surface that is sometimes compared to sandpaper. Unlike smooth-surfaced implants, their surface adheres to the tissue that surrounds the implant, preventing them from moving around within the implant pocket created by the surgeon.

If you have been implanted with Allergan Biocell textured breast implants, and have since been diagnosed with breast implant associated anaplastic large cell lymphoma (BIA-ALCL), you may qualify for a lawsuit in Canada.

Although many people are familiar with “class actions,” the term “mass tort” is not yet as commonly known. The concept is rather simple. Mass tort refers to the simultaneous launching of multiple individual lawsuits, all against one common Defendant, relating to a single common triggering event.

Mass tort actions are launched on behalf of individual injured parties (known as Plaintiffs). As such, each client in a mass tort will have a Statement of Claim in his or her name as against the Defendant(s). Although the allegations will likely be similar for all Plaintiffs, the damages claimed will be customized to each client’s particular situation.

The advantage of pursuing claims by way of a mass tort versus a class action becomes more apparent at the settlement stage. Individual Plaintiffs will have a direct say into whether they wish to accept, counter, or reject a settlement offer. They will have the power to negotiate and navigate their case the way they see fit, without being bound by decisions made on behalf of the class. If called for, clients in mass tort litigation can have the option to proceed to trial with their case, and will benefit from having direct involvement in their case (which members of a class action may not be privy to). Mass tort actions recognize that, in many cases, one size does not fit all.

Howie Sacks and Henry LLP and Beyond Law LLP are pursuing claims against Allergan by way of mass tort litigation, not a class action. Mass tort actions are often the best way to proceed with medical product liability lawsuits where the injuries sustained by victims vary widely. Even if a class action is started against Allergan, this does not preclude individual Plaintiffs from bringing their own claim with Howie Sacks and Henry LLP and Beyond Law LLP through a mass tort. For more information see mass tort actions vs. class actions.

The signs and symptoms of BIA-ALCL are mainly excessive fluid buildup around the breast implant causing pain, swelling, or lumps.

If fluid is detected, a sample of the fluid can be drawn and sent to a lab for testing.  CD30 is the specific marker that indicates lymphoma. [1]

[1] https://utswmed.org/medblog/breast-implants-cancer/

It is impossible to tell the value of your case at this time. There is a cap on pain and suffering damages that can be awarded to a victim in Canada. At this time it is approximately $387,464.00 (April 2019), which would be awarded to someone with a catastrophic injury like quadriplegia. This cap increases monthly with the cost of living. This cap on pain and suffering was established with the Supreme Court of Canada ruling of Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229.

The Defendant in this lawsuit is the manufacturer of the breast implant, Allergan plc, and any related subsidiaries.

Yes, but the time limits will be evaluated on a case by case basis.  Generally speaking, you have two (2) years – from the time you knew or ought to have known with the use of reasonable diligence that the damages you suffered were from the breast implants – to participate in a lawsuit. 

However, a variety of factors can impact this two year limit, and we strongly encourage anyone who was implanted with Allergan breast implants and who has developed BIA-ALCL to contact us, regardless of whether they think they are out of time.

Contacting a lawyer who specializes in mass tort litigation for defective medical devices is critical.  This lawyer can help evaluate the limitation period in your case, help substantiate your damages, and is in the best position to present your case to the Defendant. 

We do not require any initial monetary retainer for any of our cases. Your initial consultation is free. Thereafter, if we are retained to pursue your case, you only pay a lawyer after you have been compensated. Our fee is deducted from the settlement amount. If we are not successful in your case, you do not pay. 

In addition, cost protection insurance is available to protect you from having to pay any costs to the Defendant should your case proceed all the way to a trial and be unsuccessful.

Yes. If your loved one’s death was linked to problems they experienced with an Allergan breast implant, you have the right to sue for wrongful death and for the pain and suffering the loss of their companionship or loss of their earning potential has caused your family.

If you were not able to continue your lawsuit due to disability or death, your family or next of kin would be able to continue with your suit and seek justice for you.

All personal injury lawsuits are estimated to take between three to six years to complete depending on the nature of the case and court timelines. However, a number of factors can impact this timeline.  

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Suffering from serious complications due to an Allergan Breast Implant? Tell us your story.

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Suffering from complications due to an Allergan Breast Implant? You may qualify to join the Allergan Implant Lawsuit in Canada.