Allergan Breast Implant Lawsuit
Berger Montague serves as co-lead counsel in this nationwide litigation against medical device manufacturer Allergan to protect women from the harmful Biocell® Textured Breast Implant. The case is Allergan BIOCELL Textured Breast Implant Products Liability Litigation, No. 2:19-md-02921, MDL No. 2921 (D.N.J.).
Managing Shareholder Shanon Carson summarized the case:
“Our clients allege serious deficiencies in Allergan’s reporting process concerning its textured breast implants and the link to BIA-ALCL. Allergan should be covering not just the costs of replacement breast implants, but all expenses associated with the removal of the recalled textured breast implants, surgical and diagnostic fees, and medical monitoring and diagnostic procedures required as a result of patients’ exposure to the increased risk of contracting BIA-ALCL. We look forward to litigating this case on behalf of our clients and women around the country, and their families.”
We have recently learned that Allergan is trying to get women to sign releases of their legal claims.
Do NOT sign anything related to your implants, including forms given to you by your doctor, without consulting with us.
As part of its warranty claims process, Allergan has asked doctors and their staff to present paperwork to women to sign. This seemingly routine paperwork includes a release of claims in the fine print. We intend to challenge the validity of these releases in court, and to ask the court to stop Allergan from engaging in this abusive process. However, in the meantime, it is critical that you do not sign any paperwork related to this case without consulting with us first.
Allergan Implant Recall
On July 24, 2019, the US Food & Drug Administration (FDA) requested that Allergan voluntarily recall their products. According to the FDA, the Allergan Biocell® breast implants are linked to a cancer risk. Specifically, the recalled breast implant may cause breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).
BIA-ALCL is a type of non-Hodgkin’s lymphoma – a cancer of the immune system. BIA-ALCL is typically found in the scar tissue and fluid near the implant. In some cases, the cancer can spread throughout the body. Symptoms of BIA-ALCL include persistent swelling or pain near the breast implant.
The FDA confirmed, through an investigation, that Allergan Biocell® breast implants are linked to a cancer risk greater than any other breast implant. A total of 573 breast implant BIA-ALCL cases have been recorded worldwide. Of those 573 cases, 481 have involved Allergan Breast Implants. Over 90% of breast implant cancer deaths where the model is known involves Allergan devices. BIA-ALCL has been attributed to 33 deaths.
The following products are part of the FDA recall:
- Natrelle Saline-Filled breast implants
- Natrelle Silicone-Filled breast implants
- Natrelle Inspira Silicone-Filled breast implants
- Natrelle 410 Highly Cohesive Anatomically Shaped Silicone-Filled breast implants
- Natrelle 133 Plus Tissue Expander
- Natrelle 133 Tissue Expander with Suture Tabs
Despite the FDA recall, neither Allergan nor the FDA is recommending that women with the Biocell® replace or remove the breast implant. Although people have reported removing the texture breast implants, it has not yet been recommended by the FDA.
Allergan has stated that they will replace the Biocell® textured breast implants with Allergan’s smooth breast implant devices for free. However, Allergan will not cover surgical and diagnostic fees, medical monitoring or diagnostic procedures – all of which are needed to remove the BIA-ALCL cancer risk caused by the initially implanted Biocell® textured breast implants. Our lawsuit will address the fees and costs that the FDA and Allergan are omitting from the recall.
Consult With an Attorney
We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.
Please contact us to discuss the details of your case. You may:
- Memorandum of Law in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Master Personal Injury Complaint Pursuant to Fed. R. Civ. P. 8(a), 9(b), and 12(b)(6) (Non-Preemption Issues)
- Plaintiffs’ Memorandum of Law in Opposition to Defendants’ Motion to Strike/Motion to Dismiss Plaintiffs’ Consolidated Class Action Complaint
- Memorandum of Law in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Master Personal Injury Complaint and Consolidated Class Action Complaint on Preemption Grounds
- Memorandum of Law in Support of Defendants’ Motion to Dismiss Plaintiffs’ Master Personal Injury Complaint and Consolidated Class Action Complaint on Preemption Grounds
- Defendants’ Memorandum of Law in Support of Motion to Strike/Motion to Dismiss Plaintiffs’ Consolidated Class Action Complaint
- Memorandum of Law in Support of Defendants’ Motion to Dismiss Plaintiffs’ Master Personal Injury Complaint Pursuant to Fed. R. Civ. P. 8(a), 9(b), and 12(b)(6) (Non-Preemption Issues)
- Opinion Granting in Part and Denying in Part Defendants’ Motion to Dismiss
- Order Granting in Part and Denying in Part Defendant’ Motion to Dismiss
- Berger Montague Announces That Many Claims for Injuries Arising From the Recall of Allergan’s BIOCELL Textured Breast Implants Will Now Proceed to Discovery