Class-action lawsuit filed in Calgary over breast implants and cancer

Women in Canada who facehealth problems such as cancer after getting macro-textured breast implants could join a new class-action lawsuit,initially filed in Calgary and Vancouver but expected to go national.

Allergan Inc. is facing legal action after the implants itsold were linked by Health Canada to a higher risk of a rare-form of cancer.

The federal agencysuspended the Ireland-based company'slicence to sell itsBiocell implants in May.

They have been linked to breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a type of non-Hodgkin's lymphoma that attacks the immune system. It is not a cancer of breast tissue.

Earlier this year, Health Canada said 85 per cent of the 26 confirmed BIA-ALCL cases in Canada involved Biocelltextured implants.

Textured breast implants have a rough surface that is sometimes compared to sandpaper.Unlike smooth-surfaced implants, they adhere to the tissue around them, which surgeons say can preventing sliding.

Costs to remove implants not always covered

The class-action was filed in the both the Supreme Court of British Columbia in Vancouver, and the Court of Queen's Bench of Alberta in Calgary on June 14 by Merchant Law. It hasn't yet been certified by a judge.

According to lawyer Tony Merchant, one of the issuesthey're seeking redress for isthat early removal of textured implants before any cancer is detected may not be paid for by most Canadian health care plans.

"When people have medical problemsthen removal is covered by the medical care system. But preventative care so removal because of the link with cancer that's not covered," said Merchant.

According to Merchant, women have been quoted prices approaching $10,000 to have the textured implants removed.

Almost, pretty much, ended up on my death bed.- Dawn Criss, diagnosed withBIA-ALCLafter getting textured breast implants

The law firm believes that Allergan was negligent in not explaining the dangers texturedimplants could pose to Canadian women. When Health Canada pulled the company's textured implants from the market, the agency saidno cases of BIA-ALCL were reported in Canada with any smooth surface implants.

Allergan refused interview requests from CBC/Radio-Canada, but in a statement said patient safety is the company'shighest priority.

"We are committed to advancing research, understanding and awareness about breast implant effectiveness and safety," wrote a company spokesperson.

Lawsuit criticized as too early

However, some Canadian women have concerns with the class-action lawsuit.

While Dawn Crissis one of the 28 confirmed Canadian cases of BIA-ALCL, she hasn't yet signed on to the legal action.

"[I] almost pretty much ended up on my death bed," said Dawn Criss, who was diagnosed with the rare cancerin connection with her textured breast implants.

But she characterized the lawsuit as premature and would prefer any major actions wait until more studies on the broader risks of breast implants are completed.

Julie Elliott, who had her implants removed after three years,expressed similar concerns and said she is worried other breast implant manufacturers may notface enough scrutiny if this class-action proceeds.

"So many other womenhave textured implants that are causing BIA-ALCL, and those implants are not from Allergan," said Elliot, who is also concerned victims could face pressure from lawyers to accept less money per personas part of a larger, overall class-action settlement.

Elliott and Crisswill be part of a group meeting Health Canada on Friday to talk about how to better informwomen, along with their health care providers,about the risks of textured breast implants.