Siliconenzaak
by Bureau Clara Wichmann

FAQ

This lawsuit is for anyone who has textured Biocell (Natrelle) breast implants manufactured by Allergan (McGhan/Inamed). In the Netherlands it concerns about 60,000 women.

Have your implants caused any illnesses? We stand up for women with BIA-ALCL caused by the implants and for women who suffer from silicone leakage and sweating. Women with textured implants manufactured by Allergan have to be on the alert for the rest of their lives. Because of the increased risk they run of BIA-ALCL, they should check their breasts regularly for any changes, and may need to see a specialist for check-ups and examinations. 

We will claim compensation for all these women for the suffering that the implants have caused and may cause in the future. In addition, we claim compensation for the costs of an explantation and/or breast reconstruction. It does not matter whether you have had this done already, or would like to have this done in the future.

If you are not ill, we will claim compensation for a preventive removal of your implants, with breast reconstruction if necessary. You can also participate if you have already paid yourself for the removal of implants and/or breast reconstruction. In addition, we demand compensation for the fear and suffering of getting BIA-ALCL in the future. With this lawsuit we try to settle all personal damages.

It is crucial that you take part in this lawsuit, because we put your health first and we stand up for your rights. We need your registration to do so. 

Your registration helps us demonstrate to the court that many women support our action as well. Also, it increases the chance that the court will select us to represent all aggrieved women. We think that we are the most apt party to do so. We have a lot of experience in this field. And last but not least, we have been committed to enhancing the legal position of women and striving for the safety of breast implants for the past 40 years.

By joining us, you are also helping us to build a stronger case against Allergan and to negotiate compensation for all women.

Yes, you can join the lawsuit if you still have or had Biocell (Natrelle) breast implants from Allergan (McGhan/Inamed) in the past, even if you have already incurred costs yourself. 

Allergan is liable for explantation and breast reconstruction costs. In addition, Allergan must compensate for the damage and suffering caused by the implants. After all, Allergan has put a harmful product on the market.

Yes. Allergan is liable for the costs of any explantation and reconstruction, even if you do not want this done now. 

We also claim compensation from Allergan for the suffering caused by the implants. Silicone leakage and sweating causes many problems and health issues and women with textured implants by Allergan have to be on the alert for the rest of their lives. 

They should check their breasts regularly for changes and may need to see a specialist for check-ups and examinations because of the risk of getting BIA-ALCL.

The costs

Registering for the lawsuit does not cost you anything. We work with legal aid insurers and a litigant funder. The more women taking part, the stronger our case. We will claim the litigation costs from Allergan. The court may decide that Allergan does not have to pay these costs. In that case, we ask the court to deduct a small part of your compensation (with a maximum of 15%) to pay the litigation funder. You will never receive an invoice for participating in this lawsuit.

Do you have legal aid insurance? If you register with us before December 31st 2022, the insurance will cover the costs and you will receive your full compensation in case we win.

Click here for the full participant agreement.

Pursuing a collective lawsuit costs a lot of money. Our aim is to let all women take part free of charge, including women who do not have legal aid insurance. This is why we work with legal aid insurers and a litigation funder.

We will claim the legal costs from Allergan. In this way we can pay the litigation funder, without deducting this money from the compensation the women receive. If that is not possible, we ask the court to deduct a small part of your compensation (with a maximum of 15%) to pay for the litigation costs. Ultimately, the court decides the exact percentage. If this is less than 15%, this lower percentage will be deducted. We will do our utmost to avoid any deductions from the compensation.

Do you have legal aid insurance? Then the insurance will cover the costs and you will receive your full compensation in case we win. If we lose, none of the participants have to pay anything. 

Both Bureau Clara Wichmann and Meldpunt Klachten Siliconen (The Silicone Complaints Center in the Netherlands) are non-profit foundations that have committed themselves to defending the rights of women with silicone breast implants for years.

You can register on this website and on the registration form you can write the name of your insurance company. 

You can inform your legal aid insurance that you are participating in this case, but it is not mandatory. If you contact your legal aid insurer, please provide them with the following details:

that you have Allergan breast implants;
that this is the reason for you to participate in Bureau Clara Wichmann’s collective lawsuit against Allergan;

  • policy number;
  • name;
  • gender;
  • date of birth;
  • address;
  • phone number.

Yes. You do not need to have legal aid insurance to participate in the lawsuit. Registration is free of charge for everyone. 

We claim the costs of the lawsuit with Allergan. The court may decide that Allergan does not have to pay these costs. In that case, we ask the court to deduct a small part of your compensation (with a maximum of 15%) to pay the litigation funder.

If we win, all aggrieved women will receive compensation from Allergan. The amount of this compensation is determined by the court and will depend on your circumstances.

If we lose, you do not get compensation and you do not have to pay anything. We pursue this lawsuit on a no-cure-no-pay basis.

Bureau Clara Wichmann is a foundation that has been committed to defending women’s rights for the past 40 years. Together with Meldpunt Klachten Siliconen (The Silicone Complaints Center in the Netherlands) we fight for the safety of breast implants. We have spent almost a year preparing this claim against Allergan. Our first step in the process was that on December 1st 2021, we held Allergan liable for damage caused by silicone implants.

Claimshare is a commercial organisation that wants to claim compensation from Allergan through a foundation. This foundation has not been established yet. Claimshare will therefore most probably not start a lawsuit any time soon. 

We have decided not to work with Claimshare because of their commercial approach. The law states that different parties can start a lawsuit. The court then decides which party is most apt to represent the aggrieved women. There is a good chance that the court will choose Bureau Clara Wichmann over a commercial claims organisation.

 

Please join the organisation you feel most comfortable with. The importance of registering is to show the court that many women support our action. This increases the chance that the court will designate us to represent all victims. If you have any questions or need help choosing, please get in touch with us at: siliconenzaak@clara-wichmann.nl. Meldpunt Klachten Siliconen (The Silicone Complaints Center in the Netherlands) is also happy to help you at: info@meldpuntklachtensiliconen.com. We thank you very much for placing your trust in us!

In case several parties file a lawsuit against Allergan, the court will appoint one party to represent all women. It is important to show the court that many women support our case and therefore we want as many women as possible to register. This increases the chance that the court will designate us to represent all aggrieved women. We think that we are the most apt party to do so. We have a lot of experience and have been committed to improving the legal position of women and striving for the safety of breast implants for almost 40 years.

The more women joining, the stronger our position will be in the negotiations with Allergan. In this way we can provide appropriate compensation for everyone participating in the lawsuit.

Our aim is to enable all women to participate in the lawsuit free of charge. That is why we are claiming the costs of the lawsuit from Allergan. The court may decide that Allergan does not have to pay these costs. In that case, we ask the court to deduct a small part of your compensation (with a maximum of 15%) to pay for the litigation costs. 

Claimshare does not work with legal aid insurers. We do. This means that participation is free of charge if you have legal aid insurance. 

Besides, Claimshare has not yet published their deductible amount, so that still remains unclear. Their website states that Claimshare will approach participants later for more information and an agreement on their terms. This means that the conditions of participation with Claimshare are unknown at this stage. 

In case the court does not grant the claim requiring Allergan to pay litigation costs, you will always have to relinquish a part of your compensation, regardless of the party that pursues the lawsuit. The court will determine the exact amount. Bureau Clara Wichmann will never exceed 15% of your compensation.

Through the collective lawsuit we are claiming compensation for all damages women with Allergan implants have suffered in the past and are still suffering. We ask you for a power of attorney in case the court sees that certain damages can only be claimed on an individual basis. 

This allows us to be one step ahead of Allergan, because it denies Allergan the opportunity to claim that we cannot file a collective lawsuit for personal damage. Also, your power of attorney enables us to make a case for damages that are not covered by the collective lawsuit, during or even after it. 

So this power of attorney has nothing to do with your legal right to stop participating in our lawsuit. You are free to withdraw your participation at any time.

Health

Please check the brand and type of your silicone. Women with Biocell (Natrelle) breast implants manufactured by Allergan (McGhan/Inamed) can join the lawsuit. 

 

Here you will find a list of all harmful implants by Allergan. You can use this list to find out whether your silicones are potentially harmful. 

If you are not sure which implants you have, please contact your medical doctor.

For women who are not suffering any illnesses, we demand compensation for a preventive removal of their implants, with possible reconstruction. 

In addition, we claim compensation for the fear of getting BIA-ALCL in the future. With this lawsuit we try to settle all personal damages.

Yes. We stand up for women who have fallen ill from silicone leaking and sweating. They can be suffering from symptoms such as muscle pain, chronic muscle inflammation, joint pain, chronic joint inflammation, fatigue, concentration problems, dry mouth and/or eyes, feverishness, anxiety and depression, etc. 

We claim compensation for these women for the suffering that the implants have caused and may cause. In addition, we demand compensation for the costs of a possible explantation or breast reconstruction.

Yes. We stand up for both women who have become ill as well as for women who are not ill. For women who have become ill we claim another form of compensation.

We claim compensation for all the suffering the implants have caused and may cause. In addition, we demand compensation for the costs of a possible explantation and/or breast reconstruction.

Miscellaneous

At this moment we cannot help you start a procedure against the medical doctor who and/or the hospital that treated you. We do not have enough manpower available. When the case against Allergan is closed, we will consider the request for these procedures. 

You can always submit an application for a strategic procedure. Please check our website for more information.

Bureau Clara Wichmann and Meldpunt Klachten Siliconen (The Silicone Complaints Center in the Netherlands) are not against the placement of breast implants, but we are against the placement of harmful implants. Everyone should be able to choose what they want to do with their own body. Manufacturers of medical products are responsible for the development of safe products.

Do you have any other questions? Please let us know!