Allergan, manufacturer of breast implants, is not liable for complaints from women with silicone implants from this company. The mass claim that the Bureau Clara Wichmann Foundation against Allergan (now AbbVie) on behalf of a large group of women has been rejected by the court in Amsterdam. “There is insufficient reason to assume that the complaints that the women have experienced are caused by the implants,” the court writes in the judgment.
In September, three women talked about pain, fatigue, memory problems and other complaints they experienced when they had a certain type of implants from Allergan, with a rough exterior. Complaints that partly disappeared when the implants were removed. But some women developed a rare form of lymphatic cancer and are still experiencing the consequences.
About 60,000 Dutch women received these Biocell implants, of whom 7,000 registered with Bureau Clara Wichmann. This foundation, which stands up for women’s rights, used the Mass Damage Settlement in Collective Action Act (WAMCA) to claim compensation. They chose this path to be stronger against a pharmaceutical giant like Allergan. But also because of the social importance of a case that, according to the foundation, is also about how companies make money on the backs of women who feel pressure to conform to a beauty ideal.
Risks were sufficiently apparent
According to the court, the fact that the women (have) experienced complaints is not in dispute. But the implants were not defective, is the court’s opinion partly based on science and expert reports. And insofar as there were risks, the producer made them sufficiently known. Moreover, the implants were withdrawn from the market in 2018, when it became clear that there was a link between the silicone breast implants and the rare form of lymphatic cancer (BIA-ALCL).
“The fact that Allergan is now not held liable for these implants comes as a huge blow to these women,” a spokesperson for Bureau Clara Wichmann said in a response. “We see that the ruling is contrary to European law and we will consider further legal steps.”
Also read
The complaints are real, but there is no connection with breast implants
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