Shanon J. Carson of Berger Montague Named Co-Lead Counsel in Allergan BIOCELL Textured Breast Implant Litigation

PHILADELPHIA, Feb. 26, 2020 – The national plaintiffs’ law firm Berger Montague is pleased to announce that one of its Managing Shareholders, Shanon J. Carson, has been appointed by Judge Brian R. Martinotti of the United States District Court for the District of New Jersey to serve as Co-Lead Counsel in the Allergan BIOCELL Textured Breast Implant Products Liability Litigation, No. 2:19-md-02921, MDL No. 2921 (D.N.J.).

This litigation involves the 2019 worldwide recall of Allergan’s textured BIOCELL breast implants and tissue expanders after it became public that the products were tied to cases of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). The MDL is comprised of overlapping class actions related to the recall as well as an anticipated large number of individual cases alleging that the recalled implants led to the development of BIA-ALCL.

The leadership structure appointed by the Court is inclusive and diverse, with three of the four Co-Leads being women, as are three of the seven-member Plaintiffs’ Executive Committee, and half of the twelve-member Plaintiffs’ Steering Committee.

“I am honored to have the opportunity to help lead this important litigation on behalf of women  affected by Allergan’s recall of its textured breast implants, and I look forward to working to hold Allergan responsible for the injuries it has caused,” said Mr. Carson. “The leadership appointed by Judge Martinotti is a powerful team of talented lawyers who are dedicated to achieving justice in this case, and I look forward to working with them to do so.”

Mr. Carson has been with Berger Montague for 20 years and co-chairs the firm’s Consumer Protection, Mass Tort, and Employment Departments. In 2009, Mr. Carson was selected as one of 30 “Lawyers on the Fast Track” in Pennsylvania under the age of 40, and in each year since 2015, has been selected as one of the top 100 lawyers in Pennsylvania as reported by Thomson Reuters. In 2018, Mr. Carson was named to the Philadelphia Business Journal’s “Best of the Bar: Philadelphia’s Top Lawyers.” Mr. Carson has overseen, as lead or co-lead counsel, dozens of successful class actions and other complex cases on behalf of consumers and employees across the United States.

About the Case: In 2019, the U.S. Food and Drug Administration (FDA) requested that Allergan issue a recall of its BIOCELL textured breast implants and tissue expanders, and Allergan recalled the products from the global market. According to the FDA, in most cases, BIA-ALCL is found in the scar tissue and fluid near the implant, but in some cases, it can spread throughout the body. The FDA’s “analysis was attributed to a new worldwide reported total of 573 unique BIA-ALCL cases including 33 patient deaths. Of the 573 cases of BIA-ALCL, 481 are reported to have Allergan breast implants at the time of diagnosis. In addition, 12 of 13 deaths occurring in patients with BIA-ALCL where the manufacturer was known occurred in patients implanted with an Allergan breast implant at the time of their BIA-ALCL diagnosis.”

“The Allergan litigation seeks to recover, among other things, all unreimbursed costs associated with removing the recalled textured breast implants,” said Mr. Carson. “Our clients allege serious deficiencies in Allergan’s reporting process concerning its textured breast implants and the link to BIA-ALCL, and Allergan should be covering not just the costs of removing and, where applicable, replacing the textured breast implants, but also all expenses associated with that process, as well as medical monitoring and diagnostic procedures.”

More information about the case is available at www.bergermontstg.wpengine.com/cases/allergan-breast-implants/, including the FDA’s statement dated August 7, 2019, and the precise list of recalled Allergan textured breast implant products. Berger Montague has set up a team that is devoted to this case and will respond to any woman who has been affected by Allergan’s recall and desires to learn more about the case.

Berger Montague is a national law firm headquartered in Philadelphia with additional offices in Minneapolis, Washington, D.C., and San Diego. The firm litigates complex civil cases and class actions in federal and state courts throughout the United States. Berger Montague has played lead roles in major cases for 50 years and has recovered over $36 billion for its clients and the classes they have represented.