Allergan Breast Implant Class Action (Australia)

Allergan Breast Implant Class Action (Australia)

Omni Bridgeway has agreed to fund a class action brought by William Roberts Lawyers against Allergan Inc, Allergan Limited and Allergan Australia Pty Ltd (collectively referred to in this website and related document as Allergan) on behalf of consumers who had a Natrelle Biocell macro-textured breast implant or Natrelle Biocell tissue expander (Defective Biocell Breast Implants) implanted in them in Australia from 1 January 2011 (Affected Consumers).

Affected Consumers are invited to sign up to the class action using the details below.

Background

Allergan is a global pharmaceutical company that manufactures breast implants and tissue expanders used in cosmetic breast augmentation surgery, breast reconstruction surgery, and chest feminisation surgery.

Some of the breast implants and tissue expanders that Allergan manufactured had a macro-textured surface/shell and were largely marketed under the name ‘Natrelle Biocell’ or "Biocell" (Implants). 

The Implants are likely to include the following models:

The ARTG Number is the number or ID given to the Implant by the Therapeutic Goods Administration when the Implant was entered onto the Australian Therapeutic Goods Register (ARTG). The Implant Name is the product name used by the Therapeutic Goods Administration.

On 24 July 2019, Allergan announced that it had decided to voluntarily recall the Implants on a worldwide basis because of increasing evidence of an association between macro-textured breast implants and the development of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), and the steps being taken by regulators, including the Therapeutic Goods Administration in Australia.

The Claim

Pursuant to section 54 of the Australian Consumer Law, Allergan guaranteed that the Implants sold and implanted in Australia were of acceptable quality. The claim will allege that those Implants were not of acceptable quality in breach of the guarantee pursuant to section 54 of the Australian Consumer Law, and that Allergan is liable to compensate Affected Consumers for loss and damage caused by the breach.

Class Action Eligibility

You may be eligible to join this class action if you had one of the Implants listed above implanted into you in Australia on and from 1 January 2011.

The details on your implant card (if you were given one at the time of surgery) will state the type of implant you have. If you did not receive an implant card, you can contact the surgeon who performed your breast implant surgery to find out what implant was used.

The Australian Breast Device Registry (ABDR) may also hold information about your breast implant if both you and your surgeon consented to provide the information at the time of surgery. You may apply to access your own information at any time by contacting the Registry Coordinator on 1800 998 722.

Generally, your eligibility to join this class action will not depend upon:

• Whether you suffered a personal injury (including any illness, physical or psychiatric condition, or symptom) that was caused by an Implant.
  

  
  The mere fact that you had one of the Implants implanted into you in Australia on and from 1 January 2011 is in most cases likely to be sufficient to make you eligible. 

• Whether you still have the Implants in your body or not.
• Your sex/gender.
  
  

What kind of loss and damage will be claimed in the Class Action?

This loss and damage that will be claimed includes:

• Damages for the reduction in value of the Implants.In the claim, the full value of the Implants will be claimed on the basis that because they are not of acceptable quality, they are worthless.
• Damages for other reasonably foreseeable losses. This may include:
  
  
  
  • The cost of the initial surgery in which the Implants were implanted.
  • The cost of surgery to remove and/or replace the Implants (whether you have had the surgery or not).
  • The cost of testing and monitoring associated with the risk and/or diagnosis of BIA-ALCL (whether you have incurred the cost or not).
  • Lost earnings caused by the above.
  • If you suffer or have suffered from BIA-ALCL or a personal a psychiatric illness that was caused by the Implant:
    
    
    
    • The cost of treatment.
    • Lost earnings.
    • Damages for pain and suffering.
      
      

Will it cost anything to participate in the class action?  

As Omni Bridgeway is funding this class action on a 'no win, no pay' basis, there are no ‘out of pocket’ costs for class members to pay. Class members do not have to pay anything in the event that the class action is unsuccessful, as Omni Bridgeway agrees to pay any legal costs that might be awarded to Allergan.

If the class action is successfully resolved (via a settlement or a judgment in favour of class members or both), Omni Bridgeway will be entitled to reimbursement of the costs of the class action that it has funded plus a commission from the judgment or settlement amount, pursuant to the terms of the funding agreement. 

Privacy

As part of the class action you will be asked to provide certain sensitive personal information. In this respect, please consult:

• Omni Bridgeway’s privacy policy https://omnibridgeway.com//website-policies/privacy-policy; and
• The further information provided in the Frequently Asked Questions, in particular in Question 17.
  
  

How to take part in the class action

The class action will be pursued on an ‘open’ basis, that is, on behalf of all Affected Consumers, whether or not they sign up to the funding agreement. If you do not wish to take part in the class action, you will need to opt out in accordance with the relevant court rules.

Omni Bridgeway encourages all group members to sign up so that Omni Bridgeway can include you as a ‘known’ funded group member. As a ‘known’ funded group member, you will receive regular updates regarding the class action and, most importantly, it ensures that any distribution from the proceeds of a successful judgment or settlement amount to which you may be entitled, is properly paid to you.

To sign up, you can do so by clicking on the “SIGN UP” button below. Alternatively, you can contact the Omni Bridgeway Client Liaison Team in our Perth office by email on [email protected] or by phone on 1800 016 464.