▲ Seoul Central District Court
Consumers who filed a lawsuit against a pharmaceutical company over breast implants suspected of causing cancer have lost their case once again.
The 23rd Civil Division of the Seoul Central District Court (Presiding Judge Lee Jeong-jae) recently ruled against the plaintiffs in a damages lawsuit filed by 114 consumers, including a person surnamed Kim, against the pharmaceutical company Allergan (now AbbVie).
The consumers who filed the lawsuit underwent surgeries using the breast implants around 2009.
Controversy arose after the U.S. Food and Drug Administration (FDA) announced a potential link between Allergan breast implants and anaplastic large cell lymphoma (ALCL), a type of cancer.
As the FDA requested a voluntary recall of the products, Allergan initiated a recall, and the Ministry of Food and Drug Safety also recalled the products in South Korea.
With actual cases of ALCL confirmed in South Korea, concerns over the safety of the implants began to be raised in earnest from the second half of 2019.
Consequently, the consumers filed a lawsuit claiming 10 million won per person, arguing that Allergan infringed on their health rights and freedom of choice by failing to adequately warn them of the risks associated with the implants.
However, the court ruled that there was insufficient evidence to acknowledge any manufacturing, design, or labeling defects in the implants.
The court pointed out, "Based on the established facts and the evidence submitted by the plaintiffs, it is insufficient to recognize any manufacturing or labeling defects that mean the implants failed to meet the safety standards typically expected of them."
It also stated, "Although more than six years have passed since the lawsuit was filed in March 2020, fortunately, none of the plaintiffs have actually developed anaplastic large cell lymphoma, nor have they received a diagnosis suggesting suspicion of it," adding, "It is insufficient to recognize that damages have occurred to the plaintiffs."
Previously, in January, the court dismissed claims brought by other consumers in a similar lawsuit.
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