If you are working with a firm before your implant removal, they can talk with you about preservation of the implants. Make sure you alert your firm that you have an upcoming procedure, so they can have the implants preserved. Remember: This lawsuit is NOT against your doctor, the implants are being preserved simply as further evidence that you had this particular textured brand of implant to further prove your case.
I want these implants out NOW, but I can’t afford the costs involved. How long will this take?
The Allergan mass tort has been in litigation for a while, so we anticipate this case starting to wrap up within the next year or so. It’s possible that the filing deadline for this case will be as early as mid-July 2021 and the outcomes could be known as soon as 2022.
If I join, what if the settlement doesn’t cover all the medical bills incurred from removal?
Unfortunately, it’s too early in the litigation process to know exactly what the settlement amounts will be. Each woman’s circumstances are different and a lot of things factor into the individual settlement amounts. However, don’t worry. Your attorney will negotiate your liens down in payment to help ensure that they do not take all of your settlement funds.
I keep getting bills from my doctor/surgeon/provider/hospital! I shouldn’t have to pay these bills. Will this settlement cover these bills and what do I do in the meantime?
Unfortunately, it’s too early in the litigation process to know exactly what the settlement amounts will be. At this time, it’s best that you continue paying your bills, as if there were no lawsuit underway. We understand your frustration, but if you don’t pay your bills, it’s possible they will send you to collection, and we don’t want that! We also encourage you to talk to your attorney about these bills, so they can possibly work out a deal to put a hold on payment pending settlement.
What if I don’t know/have access to my style #?
If you didn’t receive or cannot find your implant ID card that lists the style number, we recommend calling the hospital or facility where the implants were put in. Ask for the medical records department and request that they email you a copy of your implant record. If you are unable to find your style number but know your serial number, you can call this Allergan number: 1-800-972-9378. Give them your serial number or your name and DOB, and they should be able to tell you whether or not your implants are the textured Allergan recalled ones.
How do I find out if my implants have been recalled?
We recommend checking with your doctor who put in your implants. If they’re unsure or you are unable to reach them, you can try calling this Allergan number: 1-800-972-9378. You can give them your serial number, or your name and DOB, and they should be able to tell you whether or not your implants are recalled.
What if I’ve had more than one set of Allergan implants?
This litigation only focuses on the textured Allergan products, so as long as you provide the information for those, you should be good to go! There is a space at the bottom of the questionnaire where you can elaborate on your history (dates of implant/removal) with the non-textured sets as well.
What if my expanders are textured but my implants are smooth?
That’s okay! You can fill out the questionnaire with the information for your expanders.
I feel I should wait to take action until I speak to my doctor.
You should always consult with your doctor when you feel it is necessary. However, we can continue looking into your options while you consult with him or her. Please also remember that this litigation only deals with the manufacturer of the implants and would not impact your physician in any way. Also, remember, we’re here to answer any questions that may come up along the way so you can make an informed decision!
What about the Allergan class action? What's the difference?
The class action will most likely only cover the costs of replacing the implants. It probably won’t take into consideration any individual circumstances or side effects – including cancer – and the additional bills, emotional distress and other damages you may incur. By bringing on a lawyer, you open up the opportunity of filing an individual lawsuit and being compensated in proportion to what you’ve been through. For more info about the difference between a mass tort and a class action, check out this blog post.
What if I get more sick or sick in the future and want to sue Allergan again in the future?
Although you can only take action once, this suit is not just taking into account your current situation; it is also considering the likelihood of future damages. Your potential case would account for the fact that these devices have possibly put you at risk for a certain type of cancer Also, it is important to know that taking action against Allergan based on the textured implants has a time limit, so you won’t be able to bring a case once these cases settle.
Allergan is offering to replace my implants/pay for some procedures. Will this affect my ability to take action?
Unfortunately, this likely will affect your ability to take legal action. What we know about this situation so far is the following: Allergan is currently offering to replace the implants, but to the best of our knowledge, Allergan is not paying for any of the surgery, only contributing $7,500 towards diagnostic testing. The rest of the cost is still the responsibility of the patient. One of the intended goals of this litigation is to require Allergan to pay for removals, future medical monitoring, etc. What we have learned so far is that if you accept the two free smooth implants from Allergan, Allergan will require you to sign a waiver/release form which may restrict your rights to pursue damages for future medical testing and procedures. Ultimately, the choice is yours and the removal is a decision that you should make with your healthcare provider. The firms we are working with are aware of the concerns around both the waiver and your potential health choices and will happily discuss your options around the signed waiver – including help you if you have already signed the waiver.
Allergan is offering to replace my implants/pay for some procedures, what if I decide not to take it, but get nothing from joining this lawsuit?
I completely understand your concern, however, that is something that you will have to consider in deciding which route to take. As with any lawsuit, there is always the possibility of a low (or no) settlement. The firms we are working with are some of the leaders in the Allergan Implant cases though, and we believe they will do whatever they can to secure the best possible outcome.
Allergan claims that I am automatically a part of the class action.
We suggest once you sign up for your individual case that you talk to your attorney about the class. You can opt in or out of a class, and so your attorneys will need to guide you on how to handle it.
What if I decide to wait on signing up for the case?
There is a statute of limitations on this case, like in all cases. The longer you wait, the more likely it will be that you will miss your chance to be able to file. The way the statutes work varies in each case, but there is a possibility that this statute could run as early as July 2021.
