Allergan Breast Implants Class Action

The Claims

This Canada-wide class action, filed with the Ontario Superior Court of Justice, alleges, among other things, that the defendants knew or ought to have known that the Allergan Implants were associated with breast implant-related illnesses, including several autoimmune, musculoskeletal and neurological disorders, numerous cognitive adverse health effects, as well as the development of breast-implant associated anaplastic large cell lymphoma (“BIA-ALCL”). In spite of having this knowledge, the defendants have failed to warn Canadian patients adequately or at all about these risks and have still not recalled the Allergan Implants in Canada.

The Class

All persons who, between May 31, 1999 and May 29, 2019, were implanted in Canada with one or more BIOCELL® textured breast implants enumerated as follows: Natrelle Saline-Filled breast Implants (Textured); Natrelle 410 Truform Silicone-Filled Breast Implants; Natrelle Silicone-Filled Breast Implants (Biocell Round); Natrelle Inspira Truform 1 (Responsive) Breast Implants (Textured Shell); and Natrelle Inspira Truform 2 (SoftTouch) Breast Implants (Textured Shell) and/or other silicone gel-filled breast implants supplied by the Defendants, and their estates, administrators or other legal representatives, heirs or beneficiaries (“Expanded Primary Class Members”); and
All persons who, by virtue of a personal relationship with one or more Expanded Primary Class members, have standing to claim damages pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. f.3, as amended, or analogous provincial legislation (“Expanded Family Class Members”).

Updates

On May 23, 2019, the class action was commenced.
On April 11, 2022, Justice Morgan of the Ontario Superior Court of Justice has granted partial certification of the national class proceedings as against Allergan Inc.
On December 21, 2022, Justice Morgan of the Ontario Superior Court of Justice granted certification of an expanded national class action against all originally named defendants following the contested certification motion that was heard on September 28–29, 2022.
On May 14, 2025, the notice period advising of the certification of the lawsuit known as Kibalian et al v. Allergan PLC et al (Court File No. Cv-19-00620507-00CP) began. The Opt-Out Deadline was June 16, 2025.