The consumer rights law firm seeks to establish medical monitoring for individuals at risk of developing cancer
CHICAGO–(BUSINESS WIRE)–Elizabeth A. Fegan, founder and managing partner of FeganScott, was named co-lead counsel in the U.S. district court class-action litigation involving Allergan, the manufacturers of BIOCELL textured and “gummy” breast implants and tissue expanders.
FeganScott filed a national class-action lawsuit against Allergan on October 4, 2019, claiming that although the FDA issued a recall for Allergan’s BIOCELL products, the company has no plans to provide medical monitoring for individuals at risk of developing breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
More recently, FeganScott filed an emergency motion to stop what the firm describes as an effort by Allergan to mislead plaintiffs and convince them to sign away their rights to sue the manufacturer.
The motion alleges Allergan targeted class members, claiming they can receive up to up to $7,500 for removing their implants and signing a release. The motion also contends, however, that the manufacturer did not make class members aware that they would relinquish their ability to make any claims against the company or take part in existing litigation, even if they develop cancer caused by the implants.
Fegan noted that Allergan’s efforts to convince victims to sign away their rights is especially galling, because Allergan often uses physicians as the company’s advocates.
“We’ve learned that when patients ask their physicians for medical help, Allergan in turn presents the physicians with paperwork – including the language that extinguishes the patient’s right to sue – to give to the patient,” Fegan said. “We know that patients often have a special, trusting relationship with their physician, and are much more likely to follow their direction than if Allergan communicated directly with the patient.”
The court has requested that the parties conduct expedited discovery on Allergan’s procurement of releases, and then plaintiffs will refile their motion with a full record.
“I’m honored to be named as co-lead counsel in this case, and along with my co-leads, Shanon Carson, Jennifer Lenze and Virginia Buchanan, vow to fight to hold Allergan accountable for their actions,” Fegan said. “We have talked with so many women who feel victimized and abandoned by Allergan. The manufacturer demonstrated it has no intent to live up to its responsibilities, so we plan the use the court system to force it to do just that.”
If the court certifies the class action, patients affected by the BIOCELL recall will be contacted for inclusion.
To stay informed about the suit, visit the FeganScott website and fill out a contact form.
FeganScott is a national class-action law firm dedicated to helping victims of consumer fraud, sexual abuse, and discrimination. The firm is championed by acclaimed veteran, class-action attorneys who have successfully recovered $1 billion for victims nationwide. FeganScott is committed to pursuing successful outcomes with integrity and excellence while holding the responsible parties accountable.