Westlaw News

Allergan breast implant warranty releases interfere with class actions: judge

A federal judge has ruled that Allegan Plc needs to advise women of proposed class actions related to textured breast implants it recalled last year before they sign a release and accept compensation related to the products through a warranty program.

U.S. Magistrate Judge Joseph Dickson in Newark, New Jersey, on Tuesday said liability releases for Allergan’s warranty program, which did not include information about the product’s recall or potential class actions, “require patients to give up any potential recovery in this case, even if those patients have no idea that this case exists.”

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NOTE: This story has been corrected to fix the job title and role of U.S. Magistrate Judge Joseph Dickson and to clarify in the first paragraph what the judge ruled.