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Allergan Breast Implant Lawsuits

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 BIOCELL Textured Implants.

Case Updates

  • 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.  While Judge Martinotti did dismiss certain types of claims, he otherwise denied Allergan’s motion to dismiss, finding claims alleging manufacturing defects and negligence per se could continue. Class allegations also were not dismissed. 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 a similar preemption basis as the dismissal in Illinois. Plaintiffs responded with a memorandum in opposition to the motion to dismiss in which each claim in the complaint was expressly addressed on the question of preemption. The memo expressed why each allegation was not preempted and therefore should not be dismissed.

  • 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 a memorandum to the New Jersey federal court over the issue of Allergan’s communication with class members. The memorandum laid out their claims that 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.