Allergan BioCell Textured Breast Implant Products Liability Litigation

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In October 2019, a class action-lawsuit was brought against Allergan, the maker of dangerous breast implants linked to cancer. The lawsuit claims that Allergan does not plan to monitor at-risk individuals for breast implant cancer, even though the FDA issued a recall due to risk. Other similar lawsuits have been filed against the company in recent years.

Allergan Lawsuit Claims Victims Being Asked to Waive Rights

The pending Allergan class-action lawsuit involves the company’s BIOCELL textured breast implants, which are linked to cases of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).

The Allergan lawsuit also alleges that victims are being misled and asked to sign their rights away by the manufacturer.

The claim argues that Allergan is targeting class-action members with an offer of up to $7,500 to remove the implants. But to secure this money, the victims need to waive their rights to sue the company — even if they develop breast implant cancer.

Allergan is even encouraging doctors to have their patients with breast implants sign the waiver.

An attorney involved in the case is quoted as saying:

“We know that patients often have a special, trusting relationship with their physician, and are much more likely to follow their direction than if Allergan communicated directly with the patient.”

Six Women Have Filed an Allergan Lawsuit in New Jersey

Any patient who develops breast implant cancer from Allergan’s products deserves the right to file a lawsuit and receive compensation. Recent Allergan lawsuits are currently pending in courts across the country.

For example, an Allergan lawsuit was recently filed in New Jersey Superior Court by six women who claim the manufacturer did not warn the public of the health risks.

The women also allege that Allergan downplayed the dangers of its BIOCELL brand after learning that it was linked to breast implant cancer.

Those who have sued have either had their implants removed or are planning to have them removed in the future. The legal complaint states that this removal comes at a “significant expense” which includes pain and disfigurement.

In addition to this lawsuit, Allergen has faced legal claims in Massachusetts and Florida. There is also a pending Allergan class-action lawsuit in Canada.

Lawyers involved in the lawsuits have stated:

“We have talked with so many women who feel victimized and abandoned by Allergan. The manufacturer demonstrated it has no intent to live up to its responsibilities, so we plan the use the court system to force it to do just that.”

As these lawsuits develop, it’s important for victims to know the relationship between manufacturers and breast implant cancer risks. If manufacturers like Allergan cannot keep their patients safe, they deserve to be held accountable.

Alarming Breast Implant Cancer Statistics

Canadian health officials have recently reported that breast implant cancer has doubled since Allergan recalled its products in 2019.

BIA-ALCL linked with breast implants was once considered extremely rare but the FDA has released reports of 573 cases worldwide, including 33 deaths as of 2019. Eighty percent of breast implant cancer cases have been linked to Allergan.

Other breast implant cancer statistics show that Allergan’s BIOCELL products are six times more likely to cause cancer than other products.

If an Allergan class-action lawsuit is certified by the court, victims who are affected will be contacted for inclusion.

IMPORTANT: Please contact us using the form below or call us at 800-551-8649, or via e-mail to Tanya Autry (tautry@emersonfirm.com) or John G. Emerson (jemerson@emersonfirm.com) and we will promptly get back to you to discuss your situation.

     

     

    EMERSON FIRM ANNOUNCES ONGOING INVESTIGATION REGARDING STATE FARM LIFE INSURANCE COMPANY PREMIUM INCREASES

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    Emerson Firm, PLLC (“Emerson”) announces that it is continuing its investigation regarding massive premium increases on universal life insurance policies issued by State Farm Life Insurance Company (“State Farm”).  This investigation concerns all persons with State Farm universal life insurance policies issued on a Form-94030 who had sudden increases in their monthly deductions withdrawn from accumulation accounts and/or received premium notices with sudden and alarming premium increases.

    Policyholders seek damages and equitable relief to reverse this massive increase in premiums and any monthly deductions withdrawn from their accounts.  Policyholders are represented by Emerson, a Houston-based law firm, with offices there and in Little Rock, Arkansas.  Emerson is a boutique law firm specializing in results, integrity, and personal service. Emerson has devoted its practice to consumer and financial industry class actions.  Previously, Emerson represented named plaintiffs in the similar Transamerica Life Litigation (“Feller, et al., vs. Transamerica Life “) which resulted in a nationwide settlement for policyholders in 2018 of $195 million.

    If you currently own a State Farm universal life policy issued on a Form-94030 or if you previously owned such a State Farm policy and experienced a sudden jump in premiums, then you may have a claim.  If you are concerned about your rights in this situation, please contact plaintiff’s counsel, Emerson, via the toll-free number: 800-551-8649, or via e-mail to John G. Emerson (jemerson@emersonfirm.com), or by submitting your contact information in the below form.

      Google lawsuit seeks $5 billion for illegally invading user privacy.

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      Google sued for illegally invading user privacy.

      In a recent report Google is being sued in a proposed class action accusing the internet search company of illegally invading the privacy of millions of users by pervasively tracking their internet use through browsers set in “private” mode. The Google lawsuit seeks at least $5 billion, accusing the Alphabet Inc unit of collecting information about what people view online and where they browse, despite their using what Google calls Incognito mode.

      Google’s actions violate Federal wiretapping and California privacy laws.

      According to the Complaint filed in the federal court in San Jose, California, Google gathers data through Google Analytics, Google Ad Manager and other applications and website plug-ins, including smartphone apps, regardless of whether users click on Google-supported ads.

      This helps Google learn about users’ friends, hobbies, favorite foods, shopping habits, and even the “most intimate and potentially embarrassing things” they search for online, the complaint said. Google “cannot continue to engage in the covert and unauthorized data collection from virtually every American with a computer or phone,” the complaint said.

      While users may view private browsing as a safe haven from watchful eyes, computer security researchers have long raised concern that Google and rivals might augment user profiles by tracking people’s identities across different browsing modes, combining data from private and ordinary internet surfing.

      The complaint said the proposed class likely includes “millions” of Google users who since June 1, 2016 browsed the internet in “private” mode.

      Persons who meet eligibility requirements could receive $5,000 in damages.

      The Google lawsuit seeks at least $5,000 of damages per user for violations of federal wiretapping and California privacy laws.

      Paragraph 95 of the Complaint sets out the eligibility requirements for prospective claimants.

      • Class 1 – All Android device owners who viewed a website page containing Google Analytics or Ad Manager using such a device, and who were (a) in “private browsing mode” on that device’s browser, and (b) did not log into their Google account on that device’s browser during that session, but whose communications, including identifying information and online browsing history, Defendant Google nevertheless intercepted, received, or collected from June 1, 2016 through the present (the “Class Period”).
      • Class 2 – All individuals with a Google account who accessed a website page containing Google Analytics or Ad Manager using any non-android device, and who were (a) in “private browsing mode” in that device’s browser, and (b) did not log into their Google account on that device’s web browser during that session, but whose communications, including identifying information and online browsing history, Defendant Google nevertheless intercepted, received, or collected from June 1, 2016 through the present

      If you meet any of the above requirements, please contact Emerson Firm today .

      Call Us Toll Free at 1-800-551-8649

        303 Oil Use Ruining Heavy Duty and Farm Equipment: Study

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        The use of hydraulic fluids based on the John Deere’s long defunct “303” standard have been shown to damage farm and heavy duty equipment. The extent of the damage caused by these products have prompted some states to issue Stop Sale orders.

        Despite knowing the “303” standard being obsolete since 1974, some manufacturers continue to formulate and market products based on this standard as a cheap alternative to modern day formulations. Several class action lawsuits are filed against manufacturers and distributors that seek to compensate victims for damages sustained through the use of these products.

        Some plaintiffs have come forward to make claims against retailers and products such as:

        1. Smitty’s – Super S Super Trac 303
        2.  Wal-Mart – Super Tech 303
        3. Tractor Supply – Super S Super Trac 303
        4. Orschelin – Premium 303 Tractor Hydraulic & Transmission fluid
        5. Citgo – Milemaster 303 Tractor Hydraulic Fluid
        6. O’Reilly’s – 303 Tractor Hydraulic Fluid
        7. CarQuest – 303 Tractor Fluid
        8. NAPA – Heavy Duty Tractor Hydraulic & Transmission Fluid

        What Is 303 Fluid Really?

        The term 303 fluid stems from an old specification that John Deere used decades ago named JD-303. It was designed for tractors and similar equipment built between 1960 and 1974. It was made obsolete in 1974 when the use of whale oil, of which the specification was loosely based, was outlawed by the Endangered Species Act. Fast forward to today and the ‘yellow bucket’ as it is often referred to is still out there touting the old 303 spec and cost savings.

        JD-303 was replaced with J14 then again by J20-A which is also outdated. When John Deere updated J20-A to J20-C, things got a bit gray. The additive chemistry used to meet J20-A carried over to J20-C. The only change was a new test (oxidation and seal) was added to evaluate a tractor fluid’s ability to meet the Allison C-4 spec. In basic terms, no change or reformulation to the fluid…just a new test.

        The Petroleum Quality Institute of America conducted a study of 303 fluids purchased from store shelves at random in 2017/2018 in order to determine their performance levels. Their results were shocking to say the least:

        • 91% failed to meet the J20-C and J20-A specifications
        • 74% failed to meet any JDM specifications
        • 60% chance of lower anti-wear protection than J20-C
        • 73% chance will offer less detergency than J20-C

        If you have used 303 oil products that have damaged the condition of your heavy duty machinery, you may be able to take part in this claim. .

        To learn if you qualify as a member of this claim, call us toll free at 1-800-551-8649 to speak with one of our consumer class action attorneys or complete the form below.

          Ninth Circuit Upholds Consumer Protections

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          Many companies function on the premise that they know what they’re doing is illegal—but that they’ll only stop doing those things once they get in trouble. Debt collection agencies are a great example of this way of running a business, often breaking the law to coerce victims into paying debts.

          The Fair Debt Collection Practices Act is intended to prevent debt collection agencies from harassing debtors but the reality is that the Federal Trade Commission receives thousands of complaints every year about harassment by debt collectors.

          In 2013, nearly 24,000 individuals complained to the FTC that debt collectors harassed by repeated and continuous calls and another 8,600 complained about collectors using obscene, profane, or abusive language. But what’s more is the 2,500 individuals who complained that they were threatened with violence by debt collectors. This number doesn’t include likely thousands more victims who didn’t complain to the FTC.

          All of these debt collection tactics are illegal under the FDCPA but debt collection agencies often use them anyway. If the victims can prove the debt collection agencies didn’t follow the rules, these debt collection agencies can be fined for violations. However, in a recent court case in California, banks argued that debt collectors can use these tactics—and only need to stop after they’ve been sued.

          California has their own debt collection rules that “allows debt collectors to escape liability if they ‘cure’ their violations within a certain period of time.” The Ninth Circuit, however, decided that the banks’ interpretation of the rule that a “cure” is to stop after being sued was incorrect. It’s a win for consumers across the board, not just for fair debt collection practices.

          The argument proposed by the Public Justice Foundation is that you can’t un-punch someone after you’ve punched them. As part of the fair collection practices, collectors can’t use physical violence to collect debts, including coming to a debtor’s home and beating them up to get them to pay.

          Companies would love if the banks argument had be accepted by the Ninth Circuit because it would have meant they could intentionally and openly violate regulations that protect consumers until someone sued them to stop—and then not have to remedy the harm they did to people in the process. It wouldn’t have taken long for unscrupulous businesses to use the opportunity to make a great deal of money while intentionally harming consumers if the Ninth Circuit had sided with banks.

          The same applies when thinking about class actions. If a company’s products hurt thousands of individuals, they shouldn’t be able to “fix” the situation by simply stopping production. That leaves all the individuals they harmed without any cure or remedy for the harm the company caused them.

          This is a win for consumers across the United States in a time when many regulations are under attack.

          Over Half of Employees Forced into Arbitration

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          With the explosion of news coverage about sexual harassment in the workplace in recent months, a number of researchers have been looking at what this means for the average worker in the United States. Turns out that over half of non-unionised employees are now covered by mandatory arbitration, according to Cornell University researchers.

          Arbitration clauses have come to attention thanks to Equifax and other massive security breaches that leaked thousands of individuals’ private information. They’re also a popular way for nursing homes and other medical facilities to avoid juries and high-dollar judgments against their companies. Arbitration severely limits what victims can do to repair their lives after they’ve been harmed.

          Mandatory arbitration for employees is often used as a way for employers to quietly take care of things like sexual harassment but what’s more is that mandatory arbitration is also required when someone has been killed on the job or severely harmed in the workplace due to the employer’s negligence. Most employees don’t know they’re subject to forced arbitration until after an event occurs.

          The Association of Attorneys General sent a letter to Congress in February demanding that Congress amend the Federal Arbitration Act (FAA) to stop mandatory arbitration for sexual harassment in the workplace. The Attorneys General write:

          Congress today has both opportunity and cause to champion the rights of victims of sexual harassment in the workplace by enacting legislation to free them from the injustice of forced arbitration and secrecy when it comes to seeking redress for egregious misconduct condemned by all concerned Americans.

          Senator Kirsten Gillibrand introduced a bill ending forced arbitration for sexual harassment in December of 2017—but no progress has been made on passing the legislation.

          Although some workplaces are changing arbitration policies related to sexual harassment claims, such as Microsoft, this leaves most non-unionised employees with little recourse. Instead, workers are forced into the same secrecy and unjust practices of force arbitration that deny them access to the judicial system.

          Regardless of the offense, sexual harassment or even death on the job, mandatory arbitration prevents victims from exercising their rights to their day in court. The problem is few employees know they’re signing these “fine print” agreements hidden in employment contracts. What’s more is if more than half of all available positions force arbitration, that gives would-be employees little choice but to accept these terms to gain employment.

          Consumer Protections Systematically Being Destroyed

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          As President Trump’s administration has been rolling back consumer protections that focus on financial institutions and bank regulations, the administration’s common refrain is they’re making access to business capital easier. But with deregulation comes sacrifices and consumers are the ones suffering. So much attention has been focused on the Consumer Financial Protection Bureau, however, many Americans don’t realize how far reaching many of the rollbacks reach into day to day life.

          Trump’s changes to the CFPB is under fire after Mick Mulvaney took over the helm as a temporary replacement until Trump appoints a permanent replacement for Director Richard Cordray or a bipartisan commission voted on by Congress replaces him.

          The CFPB is emblematic of the changes the Trump administration has brought to Washington. Originally created in 2010 during the wake of the financial lending crisis that lead to the Recession, the CFPB was intended to police predatory lending practices and bring regulation and oversight to the financial sector. Americans strongly agree, with 80% in favor, that the CFPB is necessary.

          However, Mulvaney has decided not to pursue lawsuits against alleged predatory lenders—opting instead for inaction. Instead of fulfilling the promise of the CFPB, Mulvaney’s decision for inaction essentially nullifies the Bureau’s existence.

          Trump’s rollback of consumer regulations goes much further than just the Consumer Financial Protection Bureau. In fact, according to the Washington Post, “The new direction affects agencies that touch nearly every aspect of consumer life, advocates say — from how Americans access credit and car loans to the safety of cribs and cellphones.”

          In a similar vein, Trump has eliminated 22 regulations for each new regulation he’s added since taking office. While some say this has stimulated the economy, this comes at a cost to the average consumer who has been systematically hurt by the Trump administration’s deregulation. There have been so many deregulations that Brookings has created a tool for consumers to track deregulation in the Trump era.

          The list of regulations Trump has eliminated span far-reaching effects on the lives of average consumers, ranging from paying 950% interest on some car loans to life-threatening beryllium exposure. Consumers are being put further and further at risk as the Trump administration rolls back regulations—some of which have been on the books for decades.

          Consumers are are greater risk due to deregulation and have little recourse than to vote for pro-consumer candidates in this year’s upcoming election.

          Court Secrecy Can Harm Consumers

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          Court records can be sealed to protect the privacy of individuals, like children in custody battles or for sexual harassment claims, but the same right often extends beyond matters of personal privacy and safety, allowing corporations to hide defects that have dire effects.

          In recent news, there’s been a good deal of attention on sexual harassment claims that were settled or court documents that were sealed, preventing others who were also victimized by the same perpetrator to know they weren’t the only ones.

          Beyond sexual harassment, it’s an all-too common tactic employed by corporations to prevent product recalls—all the while harming countless individuals in the process. As the Public Justice Foundation puts it “A company’s preference that the public not see evidence that might suggest the company knew about a deadly defect and just let people keep dying is not good cause.” Yet the courts often seal documents and prevent the public from finding out about potentially defective and harmful products.

          The National Highway Traffic Safety Administration recently opened an investigation into reports of a defect tire from Goodyear, the G159 tire. Yet over the last few years, there’s been a number of lawsuits concerning these same tires and one even alleges that Goodyear’s attorneys used “‘repeated, deliberate decisions’ to ‘make misleading and false in-court statements, and conceal relevant documents,’” according to The Public Justice Foundation.

          Thanks to court secrecy, the investigation into these tires by the National Highway Traffic Safety Administration may have been delayed and may have resulted in other injuries. While the investigation is still ongoing into these tires, it’s an example of when court systems’ secrecy has the potential to cause harm to individuals because of defect products.

          Many companies request court proceedings and documents to be kept confidential during legal proceedings to protect their businesses—but in some cases this may be to keep news of defective products from reaching the larger public and causing a product recall. Recalls are serious matters for companies, often costing them not only financial cost but positive brand recognition. Smaller companies often can’t overcome the costs of a recall.

          As a result, it’s no surprise that some companies will do whatever it takes to prevent a costly recall and using whatever resources are available to do that. The court system is playing an unlikely resource for businesses to prevent recalls from happening thanks to rules that allow companies to bar public access from court documents.

          Did you overpay for video production services?

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          The Department of Justice is opening up a number of investigations into alleged video production and video post-production bid-rigging and price-fixing. According to the Wall Street Journal, a number of companies are under investigation for potentially inflating the prices of third-party contractors in order to route work to their own growing in-house production teams. While there have not yet been any companies named, most of the largest advertising agencies have their own in-house production teams.

          We are investigating claims of bid-rigging and price-fixing that may have occurred at large ad agencies, including Interpublic Group of Cos, MDC Partners, Publicis Groupe SA, Omnicom Group Inc., or WPP PLC.

          Advertising is a suffering industry, the Wall Street Journal explains, and in June a report from the Association of National Advertisers found during seven-month probe that found nontransparent business practices were leading towards clients being taken advantage of by struggling ad agencies. As well, the AICE, a trade group that represents independent post production companies, released a statement accusing ad companies of using unfair business practices to keep their own postproduction studios rolling.

          Check-bids are potentially the root cause of the problem and is the subject of investigation. Ad agencies allegedly coerced independent companies to provide bids that are higher to make their own in-house services more attractive to clients, withholding what work is available for independent companies if check-bids aren’t provided when called for.

          As ad agencies have been squeezed to find new revenue streams, many of them have opted to start or purchase production and post production companies. Often these companies are held by the same company as the ad agency and employees may even work in the same space—but often operate under a different name.

          If you worked with an ad agency for video production for your marketing campaigns, you may have been a victim to bid-rigging and price-fixing. We want to speak with you about your experiences working with your ad agency as we are building a case.

          Equilend Stock Loans Class Action

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          A new lawsuit has been filed against a large number of the leading banks in the United States, including Bank of America, J.P. Morgan Chase & Co., Merrill Lynch, Morgan Stanley, and Goldman Sachs. The lawsuit alleges that the banks manipulated the stock short sale market to prevent new, more transparent stock lending practices that cut out the middleman and increase competition in the marketplace and deny investors access to open exchanges not controlled by the banks.

          If you, your pension, retirement fund, or investment manager used Equilend or were affected by inflated stock lending fees, you may have a claim. We would like to speak with you about your claim as we are building a case against a number of banks that may have denied you a fair and open marketplace for stock lending.

          What is the Equilend Stock Loan Class Action About?

          Banks act as middlemen for stock lending between lenders and borrowers, often pocket large fees in the process of facilitating lending. Equilend, a service that matches borrowers with lenders, is a little know but lucrative service owned by a number of banks.

          By comparison, European systems have an direct, all-to-all stock lending program that some American investment managers pushed for a few years ago—only to be shut down by banks that allegedly refused to meet modern demands for technological improvements seen elsewhere in the world. In the past when stock lenders and borrowers have tried to move away from Equilend and similar services, banks allegedly refused to allow more modern technology that allows for more transparency in fees.

          The plaintiffs for the class action, including the Iowa Public Employees’ Retirement System (IPERS), the Orange County Employees Retirement System and the Sonoma County Employees’ Retirement Association, allege that banks intentionally manipulated the market to benefit, at the cost of fair trading for their plans.

          In other similar cases, after judge certification the class, the cases settled for millions. In 2013, Countrywide Financial settled with Iowa’s pension fund for $500 million over alleged abuses in the packaging and selling of mortgage bonds that soured in the financial crisis.

          For brokers and pensioners alike, reducing the amount of fees paid to third parties for stock lending would increase profits from the trades, allowing for hedge fund managers and those they trade for to be able to see higher returns on their investments. Holding the banks accountable for manipulating the marketplace will help reduce the burden of out of date and old-fashioned fee structure imposed by banks.

          We want to speak with you if you believe you may have a claim or have been affected by Equilend’s practices or managed a fund that uses Equilend’s services.