Kibalian v Allergan Inc., 2022 ONSC 7116
Consortium of Rochon Genova, Thomson Rogers and RHE successful in contested certification for Allergan Silicone Implants and Breast Implant Illness
On December 21, 2022, Justice Morgan of the Ontario Superior Court granted certification of an expanded class proceeding on behalf of all persons who, between May 31, 1999, and May 29, 2019, were implanted in Canada with one or more Biocell textured breast implants and/or silicone breast implants manufactured by Allergan.
The Plaintiffs allege that Allergan failed to properly disclose health risks of its breast implants, namely their propensity to cause Breast Implant Associated Anaplastic Large Cell Lymphoma (BIA-ALCL), premature rupture, and systemic autoimmune symptoms, commonly referred to as Breast Implant Illness. In March 2022, Justice Morgan certified common issues pertaining just to textured implants, BIA-ALCL and one Allergan defendant. The significance of the present decision is that it expands the class definition to include people who were implanted with silicone implants, it certifies common issues pertaining to Breast Implant Illness and premature rupture, and it applies to all named defendants.
The full decision can be found here.
Although certification is not a determination of the merits of the action, the decision is an important first step in holding the Defendant accountable. If you have not yet registered with RHE, please fill out the form here. We will provide the class with further updates when any material developments occur.