Allergan Breast Implant Lawsuit

Allergan Breast Implant Lawsuit

People or loved ones of those who were diagnosed with non-Hodgkin’s lymphoma, specifically, breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) after receiving an Allergan breast implant may be eligible for compensation.

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Our Role

Seeger Weiss founding partner Chris Seeger was appointed to the Settlement Committee by US District Court Judge Brian R. Martinotti in product liability litigation related to Allergan’s BIOCELL textured breast implants and tissue expanders.

Case Updates

  • 9/15/23

    As of September 15, 2023, 1,196 lawsuits have been filed In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation. Discovery is ongoing.

  • 2/16/23

    As of February 16, 2022, 1,076 lawsuits have been filed in In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation.

  • 10/25/22

    Seeger Weiss associate Max Kelly defeated Allergan’s efforts to cut corners in document review by training an algorithm to identify irrelevant documents. Although the use of artificial intelligence in discovery can have significant benefits, Allergan insisted on shutting Plaintiffs out of any training or quality review processes, and sought to apply search terms in advance of algorithmic review that would have prevented the production of highly relevant material. Special Master Dickson and New Jersey State Court Judge Harz ordered Allergan to agree to a TAR proposal acceptable to Plaintiffs, or to continue with non-algorithmic review.

  • 8/9/22

    Judge Martinotti issued an order affirming the Special Master’s decision on discovery, requiring Allergan to produce documents in discovery relevant to each of the potential bellwether plaintiffs.

  • 6/10/22

    Allergan filed an objection to the Special Master’s order, claiming the burden of responding to plaintiffs’ discovery requests was “astronomical and disproportionate to the needs of this case.”

  • 5/20/22

    Special Master Dickson issued an order stating that Plaintiffs are entitled to depose the Allergan sales representatives who communicated with or sold devices to implanting physicians during the initial bellwether discovery phase.

  • 4/21/21

    With the motion to dismiss resolved, Judge Martinotti permitted Plaintiffs to proceed with general discovery, and appointed retired U.S. Magistrate Judge Joseph A. Dickson as special master to manage proceedings and communications throughout discovery in the multidistrict litigation.

  • 3/19/2021

    U.S. District Judge Brian R. Martinotti halted Allergan’s attempt to dismiss all claims against them in the New Jersey MDL. Although Judge Martinotti found that certain claims were preempted (including failure to warn), and rejected certain state-specific subclasses and a nationwide medical monitoring class, Martinotti otherwise denied Allergan’s motion to dismiss. Martinotti held that Plaintiffs’ other allegations, and claims including manufacturing defects and negligence per se, were not preempted. Judge Martinotti wrote in his opinion, “At this stage, the court will not entertain this alleged failure of representation, which involves factual differences in the actual implant used by individual plaintiffs, because such differences among plaintiffs may be defeated by common proof developed in discovery.”

  • 1/6/2021

    Allergan asked the New Jersey federal court to dismiss the MDL on the basis of preemption, citing a recent Illinois state court decision in related litigation. Plaintiffs opposed dismissal.

  • 10/9/2020

    An Illinois state judge dismissed claims against Allergan related to the issue of giving consumers a timely warning about potential danger. The reason for dismissal was that the claims were preempted by federal law, as they challenged manufacturing processes and procedures the FDA has exclusive authority to review.

  • 5/26/2020

    Plaintiffs filed Master Long Form Personal Injury and Consolidated Class Action complaints outlining allegations that Allergan’s BIOCELL textured breast implants caused their rare form of cancer, BIA-ALCL. The complaints included counts for Allergan’s violation of state law in design, manufacture, labeling, marketing, and breaching warranties, as well as their failure to adequately warn consumers of the risks of BIA-ALCL until the FDA requested the company perform a recall in July 2019.

  • 5/14/2020

    The FDA sent a warning letter to Allergan for failing to comply with required long-term safety and risk studies on recalled breast implants. The company’s post-approval study, which was important to inform potential long-term risks, had low recruitment and low follow-up rates to collect data.

  • 1/7/2020

    Plaintiffs wrote to advise the Court of Allergan’s improper communication with class members, in which Allergan attempted to trick women into giving up their right to sue. Plaintiffs alleged the company hid a release agreement in a warranty reimbursement offer sent out to class members without clearly informing them of the rights they would be giving up.

  • 12/18/2019

    The Judicial Panel on Multidistrict Litigation centralized claims against Allergan, including four proposed class-action lawsuits, before the Honorable Brian R. Martinotti in the District of New Jersey, which is where Allergan’s corporate headquarters is located.

  • 7/24/2019

    The FDA requested that Allergan recall its BIOCELL textured breast implants and tissue expanders due to the increasing numbers of patients diagnosed with a rare form of cancer, BIA-ALCL. The cancer was found to be very closely linked with Allergan’s products – 84% of people diagnosed with BIA-ALCL worldwide underwent breast augmentation surgery with the company’s implants.