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Allergan Breast Implant


This action relates to the pain and suffering and resulting pecuniary and non-pecuniary damages suffered by women because of the Defendantsโ€™ negligent research and development, design, testing, manufacturing, licensing, marketing, distribution, sale and post-market monitoring of the Allergan Implants in Canada.

Have you been impacted? Use the contact form, or call us at 1-800-567-4878, to see how Diamond & Diamond Lawyers can help.

About the Allergan Implant

If you or a loved one received Allergan textured breast implants and have been diagnosed with BIA-ALCL, you may be eligible for compensation.



Updates

December 2023:

We write to provide you with a further update beyond the update provided in July 2023. As mentioned in our previous updates, the certification motion for the class action was scheduled in October 2022 and a partial certification hearing was held in March 2022.

As mentioned in our previous update, the class action has since been certified; however, the defendants appealed this decision. This appeal was dismissed, but the opt-out period to opt our clients out of the class action is not yet available. Once the opt-out period is made available, we will be opting out our clients and proceeding with the group of individual cases.

In the meantime, we have drafted and issued individual claims for all individuals who have signed up with us and agreed to opt out of the class action.

We are also obtaining all relevant documentation to support our clientโ€™s claims. Please let us know if you have not been contacted yet about our medical questionnaire.

July 2023:

We write to provide you with a further update beyond the update provided in March 2023. As mentioned in our previous updates, the certification motion for the class action was scheduled in October 2022 and a partial certification hearing was held in March 2022.ย  For your information, a certification motion is where the court allows the action to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a group of individual cases.

As mentioned in our previous update, the class action has since been certified; however, the defendants appealed this decision. This appeal was dismissed, but the opt out period to out our clients out of the class action is not yet available. Once the opt out period is made available, we will be opting out our clients and proceeding with the group of individual cases.

In the meantime, we have drafted and issued individual claims for all individuals who have signed up with us and agreed to opt out of the class action. Please let us know if you have not been contacted yet about the drafting of your claim.
We are also obtaining all relevant documentation to support our clientโ€™s claims. Please let us know if you have not been contacted yet about our medical questionnaire.

March 2023:

We write to provide you with a further update beyond the update provided in December. As mentioned in our previous updates, the certification motion for the class action was scheduled in October 2022 and a partial certification hearing was held in March 2022. For your information, a certification motion is where the court allows the action to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a group of individual cases.

The class action has since been certified; however, the defendants have appealed this decision. Following the decision of the Defendantsโ€™ appeal, we will be opting out our clients and proceeding with the group of individual cases.

In the meantime, we have drafted and issued individual claims for all individuals who have signed up with us and agreed to opt out of the class action. Please let us know if you have not been contacted yet about the drafting of your claim.

December 2022:

We write to provide you with a further update beyond the update provided in August. As mentioned in our previous update, the certification motion for the class action was scheduled in October 2022 and a partial certification hearing was held in March 2022. For your information, a certification motion is where the court allows the action to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a group of individual cases.

In the meantime, we have drafted and issued individual claims for all individuals who have signed up with us and agreed to opt out of the class action. Following the decision in the certification motion, we will be opting out our clients and proceeding with the group of individual cases. Please let us know if you have not been contacted yet about the drafting of your claim.

August 2022:

We write to provide you with a further update to our April update. As mentioned in our last update, the national class action is scheduled to be in court for a certification motion in October 2022. A partial certification hearing was held in March 2022. For your information, a certification motion is where the court allows the action to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a mass tort. In the meantime, we have worked to drafting and issuing individual claims for all individuals who have signed up with us. Following the decision in the certification motion, we will be opting out our clients and proceeding with the mass tort.

April 2022:

We write to provide you with a further update to our December update. Further to our last update, the national class action is scheduled to be in court for a certification motion in October 2022. A partial certification hearing was held in March 2022. For your information, a certification motion is where the court allows us to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a mass tort, however, we will need to wait to see what the court decides in the certification motion is. Following a decision in the certification motion, we will be opting out our clients and proceeding with the mass tort.

December 2021:

We write to provide you with a further update to our August update. As mentioned in our last update, the national class action is scheduled to be in court for a certification motion in March 2022. For your information, a certification motion is where the court allows us to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a mass tort, however, we will need to wait to see what the court decides in the certification motion is. Following a decision in the certification motion, we will be opting out our clients and proceeding with the mass tort.

August 2021:

We write to provide you with a further update to our June 9th update. As mentioned in our last update, the national class action is scheduled to be in court for a certification motion in March 2022. For your information, a certification motion is where the court allows us to proceed as a class action โ€“ this step is not necessary for our individual actions, which will be proceeding as a mass tort, however, we will need to wait to see what the court decides in the certification motion is. Following a decision in the certification motion, we will be opting out our clients and proceeding with the mass tort.

June 9, 2021:

Due to the national class actions, our mass torts are running along the same timelines. These actions are scheduled to be in court for certification motions later this year. For your information, a certification motion is where the court allows us to proceed as a class action. We may proceed to move earlier, but given the Covid court backlog, we likely would not get the traction we were hoping for. Therefore, following the decision in the certification motions, we will be opting out our clients and proceeding with the mass torts.


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Details of the Allergan Breast Implant

Textured Allergan implants are defective and inherently dangerous, that they have a high failure rate and that they cause a high rate of adverse health effects in patients who are implanted with them, including, but not limited to, the development of various autoimmune, neurological and musculoskeletal diseases, as well as chronic fatigue, cognitive impairments, chronic muscle weakness and pain and breast implant-associated large cell lymphoma (BIA-ALCL), all of which the Defendants were aware or ought to be aware of.

Have you been impacted? Use the contact form, or call us at 1-800-567-4878, to see how Diamond & Diamond Lawyers can help.

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