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Breast implant class action lawsuit overview:
- Who: Takwihin Kibalian, Yeghia Kibalian, Karen Basal, and Samara Bunsko filed a recently certified class action lawsuit against Allergan Inc.
- Why: The Kibalians, Basal, and Bunsko claim Allergan failed to warn patients about the associated health risks with getting their breast implants.
- Where: The class action lawsuit was certified in the Ontario Superior Court of Justice.
Allergan Inc. was negligent in its design, testing, marketing, labelling, distribution, and post-market surveilling of its breast cancer implants in Canada, a newly certified class action lawsuit alleges.
Plaintiffs Takwihin Kibalian, Yeghia Kibalian, Karen Basal, and Samara Bunsko claim Allergan was negligent and breached its duty of care by allegedly failing to warn patients about a trio of adverse health effects that could stem from getting their breast implants.
The Kibalian’s, Basal, and Bunsko argue patients who received the Allergan breast implants were at risk of developing what is known as breast implant illness, or suffering from a premature rupture and/or getting a form of immune system cancer.
The class action lawsuit was certified by the Ontario Superior Court of Justice after being originally filed in 2019 after certain Allergan breast implants were withdrawn from European and American markets, according to court documents.
Silicone-filled breast implants banned in 1992, later reinstated in 2006
The Kibalians, Basal, and Bunsko want to represent a nationwide class of patients and their family members who made a claim about an associated harm from an Allergan breast implant—which is named in the complaint—that was implanted from between May 31, 1999 and May 29, 2019.
Silicone-filled breast implants were banned from health concerns back in 1992, but were allowed to be used again starting in 2006, at which point the Allergan breast implants began representing 50 per cent of the market in Canada, reports The Lawyer’s Daily.
The Kibalians, Basal, and Bunsko reportedly claim that—using evidence obtained from Allergan—that around 49,975 patients in Canada were implanted with Allergan textured breast implants.
Have you received a breast implant and later suffered from adverse health effects? Let us know in the comments!
The plaintiffs are represented by Vincent Genova, Kate Cahill and Anthony Leoni of Rice Harbut Elliott LLP.
The Breast implant class action lawsuit is Kibalian, et al. v. Allergan Inc., et al., Case No. CV-19-00620507-00CP, in the Ontario Superior Court of Justice.
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4 thoughts onBreast implant class action alleges company negligent in product design, marketing, distribution
I had the textured implants after having a double mastectomy due to breast cancer. A few months after the implants, I began experiencing serious pain and a few years later cramping in my shoulders and chest area. It was so bad that it began affecting my ability to dress myself and had to depend on my then 11 yr old son to assist me. In 2020, I learned that I now had cancer in my lungs. A few months later, I received a letter from the hospital informing me that my implants were recalled. Imagine getting that one, two punch all while trying to dodge covid.
I did and had no idea, I’ve had a rupture already after one year and had to have them replaced several times. This saddens me as I’ve had enough surgeries
How can I find out what implant was inserted?
Contact your plastic surgeon or the hospital that you had the procedure done. Either of them should be able to provide you with that information.