Judges reject €900 million breast implant compensation claim
Judges in Amsterdam have rejected a claim for collective damages against pharmaceutical company Allergan, now part of AbbVie, over the health risks linked to its textured breast implants.
The case was brought by women’s rights group Bureau Clara Wichmann on behalf of around 60,000 women in the Netherlands who received Allergan’s Biocell implants before they were withdrawn from the market in 2019.
The group was seeking compensation for removal and reconstruction costs as well as damages for pain, illness and long-term uncertainty.
Lawyers for the group said the implants were defective, carrying a risk of a rare type of lymphoma (BIA-ALCL) and other complaints including chronic fatigue and pain. They also argued Allergan failed to warn patients in time despite being aware of the risks.
The legal procedure was temporarily suspended in 2024 to explore a settlement, but resumed in September after talks failed. The campaign group was seeking more than €900 million in damages.
The court ruled that there was not enough scientific evidence to prove the implants were the cause of the women’s auto-immune complaints. In addition, judges said, recent research by the Dutch cancer hospital Antoni van Leeuwenhoek also failed to find a link.
Allergan cannot therefore be held responsible for the women’s complaints, the court said in its ruling.
The foundation said in response that the verdict conflicts with European law and it is now considering what legal steps to take next.
The court also ordered the foundation to play Allergan’s court costs totalling nearly €39,000.
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