Product Liability 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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Last updated: May 15, 2024

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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.

FAQ

Allergan Biocell Textured Breast Implant Cancer Lawsuits

Allergan breast implants have been linked to a rare type of cancer called “breast implant-associated anaplastic large cell lymphoma” or BIA-ALCL. It has been identified by the World Health Association (WHO) as a type of T-cell cancer or non-Hodgkin’s lymphoma. BIA-ALCL is not a type of cancer but is an immune cell cancer that begins in lymph cells and forms in the scar capsule under and surrounding a breast implant.

Though BIA-ALCL has occurred in some patients with smooth implants, a recent analysis has shown that Allergan’s BIOCELL Natrelle textured implants has a 6 times higher rate of BIA-ALCL cancer development than other types of implants or tissue expanders. It may also account for about 80% of BIA-ALCL cases, including 15 of 16 associated deaths.

Allergan BIOCELL Natrelle textured implants were recalled in July 2019 but the U.S. Food and Drug Administration (FDA) has expressed concern that women may not know enough about the recall. Allergan and parent company AbbVie launched a digital and social media campaign to help identify patients who had received the implants, who may not have been adequately tracked. Some women, however, may have experienced difficulty getting treatment or medical services from the company.

People who have been diagnosed with BIA-ALCL and who have had an Allergan textured breast implant are filing lawsuits to seek compensation for their medical costs, injuries, and damages. Others are considering lawsuits to seek compensation or assistance with surgical costs for removal or replacement and future medical monitoring of cancer risk.

When was Breast Implant-Associated Cancer Discovered?

A link between breast implants and “anaplastic large cell lymphoma” or ALCL was first identified in 2011 by the FDA. In 2016, it was further classified as a type of T-cell Lymphoma known as “breast implant-associated anaplastic large cell lymphoma” or BIA-ALCL by the WHO. In 2017, the FDA announced that the connection between BIA-ALCL and textured implants was higher than smooth implants.

What is Breast Implant Cancer?

BIA-ALCL is not a breast cancer that forms in breast tissue but is a non-Hodgkin’s lymphoma or type of T-cell lymphoma. BIA-ALCL causes T-cells to produce an excess amount of a protein known as anaplastic lymphoma kinase (ALK1). ALK1 triggers an increase in the growth of cells in the lymph tissue that forms in the scar tissue surrounding a breast implant, or “capsule”.

It may be related to inflammation caused by the breast implant. It is more likely to occur in textured implants than smooth breast implants. Textured implants are thought to trigger a greater inflammatory process which contributes to scar tissue formation that holds the implants in place. This design may be good for implant placement and retention but results in medical harm for some patients.

How is BIA-ALCL Treated?

When detected early, BIA-ALCL may be treatable by removal of the implant and the surrounding tissue. In other cases, the cancer may spread or metastasize to other areas of the body which may require chemotherapy or radiation.

Reports show that the time from breast implant surgery to cancer diagnosis is a median of about 8 years. Some women are choosing to have their implants removed but the recall does not currently cover the cost of medical treatments or surgery. Lack of coverage has prompted many women are choosing to file lawsuits to seek assistance.

Who is Affected by the Allergan BIOCELL Natrelle Textured Breast Implant Recall?

All textured breast implants may increase the risk for BIA-ALCL. Allergan implants however, may cause an even greater risk. Analysis of BIA-ALCL reports has shown that Allergan BIOCELL textured implants and tissue expanders may pose 6 times higher risk than other brands of textured implants.

Allergan suspended sales of its textured implants in all countries of the European Union, Brazil, Australia, and Israel in December of 2018. In May 2019, HealthCanada withdrew Allergan’s manufacturing license, but the company did not act in the U.S. immediately. In July 2019 , the FDA asked that the company voluntarily recall all of its BIOCELL product after analysis showed the higher risk of Allergan implants. Allergan textured implants had accounted for 620 cases or 85% of the 733 reports of BIA-ALCL studied. Overall, textured implants were associated with 36 deaths due to BIA-ALCL. Fifteen out of 16 reports which included manufacturer information, were associated with Allergan breast implants.

The July 2019 recall covers Allergan Biocell implants including:

Allergan Natrelle Saline-Filled Textured Breast Implants
Allergan Natrelle Silicone-Filled Textured Breast Implants
Allergan Natrelle 410 Highly Cohesive Anatomically Shaped Silicone Filled Breast Implants
Allergan Natrelle 133 Tissue Expanders
Allergan Natrelle Inspira Silicone-Filled Breast Implants
McGhan BioDimensional Silicone-Filled Textured Breast Implants
McGhan Magna-Site Tissue Expander
McGhan 134 Croissant-Shaped Tissue Expander

FDA Addresses Concerns Over Allergan Device and Recall Tracking

In May of 2020, shortly after Allergan was acquired by pharmaceutical company, AbbVie, an FDA warning letter was issued. Though the implants had been recalled 10 months earlier, Allergan was accused of failure to complete post market safety studies. The FDA warning letter claimed that Allergan had failed to adequately recruit patients and collect data for a large safety study that had been required as part of the Natrelle implant approval.

In addition, the FDA appeared to have been concerned that public outreach methods were inadequate to inform women about the recall. Allergan subsequently launched a dedicated social media and internet campaign to identify and contact patients who may have received the Biocell textured breast implants and tissue expanders.

Allergan apparently lacked inadequate device tracking systems for the implants. Consequently, patients with implants may not have received direct communication from Allergan or the FDA. Allergan acknowledged that they did not have device-tracking information for an estimated 52,000 Biocell breast implants. Estimates also show that many more, possibly hundreds of thousands of women may have Allergan Biocell breast implants.

Allergan Textured Breast Implant Recall Coverage Inadequate

Allergan’s July 2019 recall offered financial coverage for the cost of implants or replacement implants. The company however, did not include coverage for the cost of surgery to remove or replace the implants.

Diagnostic or medical testing and future medical monitoring to ensure that cancer did not develop was not included. The recall also failed to address medical injury claims that may result from the textured implants.

Are There Class Action Lawsuits for Allergan Breast Implants?

Hundreds of Allergan breast implant cases have been consolidated into multidistrict litigation (MDL) in the U.S. District court for the District of New Jersey.

Allergan and parent company, AbbVie have been accused of manufacturing a device which poses a risk of cancer. The companies have also been accused of failure to adequately warn and respond to risk of breast cancer. A number of women have also asked courts to order Allergan to stop requesting that patients release the company from liability.

People who have received Allergan Biocell Breast Implants and may be at risk of BIA-ALCL are filing Allergan Breast Implant lawsuits. These lawsuits seek compensation for costs associated with removal or replacement and with future cancer concerns.

More concerning, the company is also facing a growing number of lawsuits filed by implant recipients who have been diagnosed with BIA-ALCL. Some of these patients have been unable to obtain assistance. Allergan breast implant cancer lawsuits are seeking compensation for medical injuries and damages.