Siliconenzaak
by Bureau Clara Wichmann

Allergan’s response to our liability

Allergan has responded to the notice of liability we have sent, in which we hold Allergan responsible for the dangerous breast implants they have made. These implants are defective because the implants seriously increase the risk of BIA-ALCL (form of lymphoma) and other persistent systemic complaints (Breast Implant Illness). We therefore demand compensation from Allergan for all victims.

Allergan denies any liability and has indicated that it is not prepared to consult. They state that there is no causal relationship between silicone breast implants and Breast Implant Illness. With regard to BIA-ALCL, they state that they recognize the “general concern” and that BIA-ALCL remains the subject of intensive research, but that a causal relationship between Allergan implants and BIA-ALCL has not yet been established.

This is not right. A report by a scientific committee of the European Union clearly shows that there is a connection between these implants and BIA-ALCL. The expert engaged by us endorses this. The link between the implants and Breast Implant Illness (ASIA) has also been established.

Summons: preparation of supporting documents
Since Allergan disclaims liability and does not wish to enter into consultation, we will soon be taking the next step in the lawsuit: issuing a subpoena. We will be back shortly with more information about the supporting documents that will be required.

In preparation for this, if you have registered for the lawsuit, we would like to ask you to start requesting your medical record (if you have not already done so). You can do this at the hospital, clinic or the doctor who placed or removed the implants or who advised you about any complaints.

If your medical file can no longer be requested there, you can request the so-called general practitioner’s journal from your GP. This journal contains correspondence between your GP and the specialist, possibly with information about your implants and any complaints.

Soon second livestream, with doctors
In addition, we will soon be organizing a new livestream, this time with medical experts and doctors, so that as many medical questions as possible can also be answered. We are now trying to find a good time for this in April, more information will follow shortly.

Explanation of legal steps Silicone case
We regularly receive questions about the exact legal steps in the Silicone Case. That is why we have listed it here.

Liability: with this we held Allergan liable for the damage that has been and is suffered due to their defective implants. Because of this, Allergan knows that we hold them responsible for this damage. The statute of limitations has also ended with this;
The response to the liability claim, in this case from Allergan. With this Allergan let us know what they think about the fact that we hold them responsible for the damage. If Allergan had (partially) agreed with this, we could have consulted with them about paying compensation without having to go to court first.

Allergan has indicated that it is not responsible for the damage.
They are, that’s why we now take step 3;
The Summons: This is a formal legal document, which we send to Allergan and then to the court, which officially begins the trial in court. Because this is a class action lawsuit, this summons is public (without names and details of the victims, of course);
The statement of response: This is the formal legal document in which Allergan writes down their defense (or defence). They send this to the Court and to (the lawyer of) Bureau Clara Wichmann, as a representative for all victims;
The court hearing: This is the moment in the courtroom, where both parties (BCW and Allergan) will have the floor to make their points. Planning a hearing date often takes some time, because the Court receives many other cases;
Verdict: the Court has made a decision, after having carefully considered all written documents and the stories at the hearing. The judgment contains this decision and all the considerations that the Court has made in it.