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Litigation Update: Judge Rules that Allergan Breast Implant Plaintiffs Must Identify Themselves

Litigation Update: Judge Rules that Allergan Breast Implant Plaintiffs Must Identify Themselves

On Monday August 17, New Jersey Federal Judge Joseph A. Dickson, ruled that all patients suing Allergan for their textured breast implants cannot proceed with litigation by using a pseudonym.

Judge Dickson stated that only in extreme circumstances where there is a “fear of severe harm” does the court allow identities to be kept anonymous. He realized that plaintiffs are concerned that revealing their identities and medical histories can affect their lives but the potential for embarrassment is not reason enough to keep their identities anonymous.  Additionally, in order to remain anonymous, patients made “generalizations and hypothetical situations, rather than focusing on any particular plaintiff’s actual circumstances” the decision noted.

Patients are suing Allergan on claims that the company was aware that its Biocell textured breast implants increased the chances of cancer but failed to report that. The implants were recalled in July 2019. Patients are pursuing litigation for compensation towards covering the costs of the removal and monitor of the implants.

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