According to a group of women suing the medical device company Allergan, the company has been attempting to trick women who have been implanted with Allergan breast implants into waiving their rights to sue the company.

The women, whose lawsuit is one of many in federal multidistrict litigation, claim Allergan hid a release agreement in the warranty reimbursement paperwork for textured breast implants that had been recalled due to possible cancer risk. Under this agreement, women who take Allergan up on the company’s offer to pay for new implants are prohibited from seeking legal action against Allergan regarding their implants or breast implants illness.

The plaintiffs argue that many of the women who signed this paperwork may not have realized they were signing away their legal rights, as they may have been distressed, distracted, and afraid of developing breast-implant associated anaplastic large cell lymphoma, or BIA-ALCL

The plaintiffs who brought the release agreement to the attention of the court in the Allergan MDL have also asked the court to prohibit Allergan from contacting plaintiffs and potential plaintiffs.

According to the women, the release agreements should be deemed void, and Allergan should be prohibited from harassing or contacting class members regarding the waivers. The plaintiff’s claim that Allergan’s paperwork was deceptive, and possibly meant to trick women into signing away their rights without their full knowledge.

Allergan Issues Recall Due to Breast Implants Illness

In 2019, the U.S. Food and Drug Administration asked Allergan to remove the company’s breast implants from the market after hundreds of reports of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) were associated with the company’s implants.

After Allergan announced that several types of breast implants would be recalled due to reports of breast implants illness, many women who were implanted with these prosthetics have looked into removing them. Allergan has even offered to pay for the cost of replacement implants for women who have their potentially dangerous implants surgically removed.

Although Allergan has offered to pay for the cost of replacement breast implants for women who were implanted with potentially defective prosthetics, the company will not cover the costs of surgical removal.

Although it has not been recommended that women who are not experiencing symptoms of breast implants illness should have their implants removed, many women are choosing to remove them due to concerns of developing BIA-ALCL or breast implants illness.

Symptoms of Breast Implants Illness

Symptoms of breast implant illness may vary widely depending on the individual. These symptoms may include sleeping problems, memory loss, chest pain, chills, chronic pain, depression, hair loss, headaches, skin rash, and fatigue. While it is not yet known what exactly causes BIA-ALCL, it may be the body launching an inflammatory reaction to the breast implants.

The Allergan Breast Implants Illness lawsuit is Case No: 2:19-md-02921, in the U.S. District Court for the District of New Jersey.

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This article is not legal advice. It is presented
for informational purposes only.