Women who lost court case over breast implants to appeal ruling

A group of 60,000 women who sought compensation for health problems they claimed were caused by breast implants are to appeal against a court ruling that the manufacturer was not liable.

Bureau Clara Wichmann filed a collective claim for €900,000 against Allergan after the women complained of problems such as muscle pain, hair loss and forgetfulness.

They said the implants carried a higher risk of a rare type of lymphoma (BIA-ALCL), a type of cancer and demanded compensation for the cost of rermoving them, as well as damages for the pain and uncertainty.

A court in Amsterdam ruled in December that there was not enough evidence to prove that the textured implants, which were withdrawn from the market, were defective.

But Bureau Clara Wichmann said it disputed the judgment, because Allergan was aware of the health risks of lymphoma before it brought the implants to the market.

“The judge wrongly came to a different conclusion because she did not apply the correct test of liability,” lawyer Jantina Hiemstra said.