Allergan Class Action

AJB Stevens Lawyers are investigating a class action against Allergan in relation to their defective Natrelle Biocell Textured Breast Implants and Tissue Expanders.

You could be entitled to compensation for

AJB Stevens Lawyers are investigating a class action against Allergan in relation to their defective Natrelle Biocell Textured Breast Implants and Tissue Expanders.

These products were recalled by Allergan on 24 July 2019. The advice and guidance from Allergan at that point was that the textured implants need not be removed, but Allergan offered to cover the cost of new smooth replacement devices but did not agree to cover the cost of surgical and theatre fees.

The products or devices that we are investigating are the following:

  • Natrelle salene breast implants;
  • Natrelle highly cohesive anatomically shaped silicon fill;
  • McGhan biodimensional silicone filled biocell textured breast implants;
  • Natrelle inspira silicone filled breast implants;
  • Natrelle silicone filled tissue expander;
  • McGhan magna-site tissue;
  • McGhan croissant shaped tissue expander.

The product was recalled because of a link between the product and increased likelihood of developing Breast Implant Associated Anaplastic Large Cell Lymphoma (BIA-ALCL).

This type of cancer is a cancer of the lymphatic system rather than breast cancer.

Any woman who has symptoms of BIA-ALCL should consult their doctor.

Adverse Effects

  • Any woman who has developed BIA-ALCL;
  • Any woman who is concerned about the risk of developing BIA-ALCL;
  • Any woman who has symptoms of BIA-ALCL;
  • Any woman who has had the implants removed and is out of pocket;
  • Any woman who wishes to have the implant removed and will be out of pocket;
  • Any woman who has developed scarring or disfigurement as a result of removal surgery or any surgery to treat an implant-related complication;
  • Any woman who has suffered an adverse effect from a recalled product listed above.

If you have experienced any of the these adverse effects and would like to consider joining a class action you should complete the Allergen class action expression of interest and enquiry form – click here.

Am I Entitled to Join This Class Action?

What Can I Claim?

Why Choose us?

At AJB Stevens, we work to help protect your legal rights. Our ability to offer each and every one of our clients professional and personalised service means we work hard to help win your case. Our directors are personally involved in each case so you can rest assured that a senior team member is always prioritising your case.

Frequently Asked Questions

What Are Mesh Implants For Stress Urinary Incontinence (SUI) Or Pelvic Organ Prolapse (POP)?

Mesh implants are most commonly used to treat pelvic organ prolapse and stress urinary incontinence in women.
There are many mesh implant products produced by several manufacturers, and AJB Stevens have commenced a class action in the Supreme Court of NSW specifically against the distributors of some the Boston Scientific Products.

How Do I Know If A Mesh Implant Was A Boston Scientific Corporation Product?

By accessing your hospital records we will be able to tell you if you have a Boston Scientific Corporation product.

If you are unsure whether your mesh implant is a Boston Scientific Corporation product, please get in touch with us.

What Are Some Common Medical Issues Caused By These Mesh Implants?

In a range of cases, there have been issues and complications surfacing as a result of this surgery. The product design and implantation appear to be responsible for life-altering complications in a number of women.

These products have left women suffering from various conditions including:

  •         chronic pain
  •         nerve pain
  •         worsening of incontinence or prolapse symptoms
  •         difficulty voiding and defecating
  •         difficulty with sexual activity, and constant infections.

What Are Representative Proceedings / Class Action?

The legal action that AJB Stevens has commenced on behalf of affected individuals is called a Representative Proceeding (“class action”). This is a legal proceeding brought on behalf of a group of people, rather than one individual. One person, known as ‘lead plaintiff’, ‘lead applicant’ or ‘representative plaintiff’ becomes the designated leader of the group for legal purposes.

This class action claims that the provision of certain mesh products breached Australian Consumer Laws, as well as a duty of care to the affected individuals.

What Are The Benefits Of Representative Proceedings / Class Action?

A class action means that one case can settle many similar claims. This reduces the cost to individuals (who would otherwise have to bring an individual case), and reduces the time it would take to conclude many separate legal cases.

What Are The Requirements Of Representative Proceedings / Class Action?

Several criteria must be satisfied before a class action can commence:

  •         Seven or more individuals must be making claims against the one individual or company.
  •         Their claims must arise out of the same or similar circumstances.
  •         The claims must result in a substantial common issue of law or fact.

Do I Have To Do Anything To Be Covered By Representative Proceedings / Class Action?

No, in Australia, class actions are “opt-out”. This means that if you fall within a defined group, you stand to benefit if the claim is successful. The definition of this group will be contained in documents associated with this legal proceeding.

If you are unsure whether it covers you, please get in contact with us.

At a certain point in the proceedings, the Court will require that an “opt-out” notice is circulated. This will mean any individual can remove themselves from the claim if they want no part in it.

Should I Still Register With Someone?

If you register your interest in this action with us, we will be able to keep you updated about the progress of the claim. Registering with us does not commit you to anything and you will have the choice to cancel your claim. Click here to register to our class action

What Is The Effect Of “Opting-Out”?

This means that you can bring your own individual legal claim against the manufacturers and distributors of IVS or TFS mesh products.

Note, however, that this also means that you will not receive any benefit from the class action (if it is successful).

What Does This Representative Proceeding / Class Action Claim?

This class action alleges that the defendants breached Australia’s consumer protection laws and their duty of care to consumers, in producing a device that has serious risks of harm, and also in failing to warn consumers about these risks so that women could make an informed choice about their options.

This is particularly important considering there were other options available that were equally as effective but considerably safer, and which did not involve these kinds of risks.

Who Does This Claim Cover?

The claim covers all individuals who had any of the TFS or IVS devices implanted from August 2000 onwards, and who subsequently suffered injuries as a result of these devices.

What Can I Claim Compensation For?

The compensation entitlements will depend on the progress and outcome of this case.

Once your AJB Stevens mesh implant compensation expert has assessed your situation they will be able to advise you of possible outcomes.

The compensation that results from this case may cover:

  •         Loss of income
  •         Hospital expenses
  •         Rehabilitation Costs
  •         Home Assistance
  •         Pain and Suffering
  •         Loss of Life Enjoyment

What Is The Process When you Join this Representative Proceeding / Class Action With AJB Stevens?

Our lawyers will assess your situation to ensure that you are eligible to join this class action. If so, we will register your details with our firm and this will ensure you are kept in the loop regarding developments in regards to the class action.

How Much Does It Cost To Take Part In Representative Proceedings / Class Action?

At AJB Stevens, we understand that many Australians may not seek legal help for mesh implant compensation cases as they believe the cost to be too much. This is why we always stand by our No Win No Fee claim. This means that if we don’t win this case, you don’t pay our legal fees.

This policy backs our claim that we believe every Australian deserves the right to legal representation when they need it most, regardless of their financial situation. If the class action is successful, we will provide you with a cost agreement.

Steven Mousas Lawyer at AJB Stevens

Small enough to care, big enough to fight

We pride ourselves on personalised and professional services to protect your rights. Our focus is your case and how we will win.

male lawyer image at AJB Stevens Lawyer

Small enough to care, big enough to fight

We pride ourselves on personalised and professional services to protect your rights. Our focus is your case and how we will win.