The US Judicial Panel on Multidistrict Litigation consolidated around 30 lawsuits that allege patients were not warned about a potential link between Allergan breast implants and cancer. The lawsuits have now been consolidated and transferred to the District of New Jersey for pretrial proceedings.
The plaintiffs claim Allergan knew that its Biocell textured breast implants, which tens of thousands of women received, are linked to an increased risk of anaplastic large cell lymphoma. Despite having that knowledge, lawsuits claim, Allergan did not adequately warn patients or doctors about the link.
The breast implants were subject to a recall in 2019 after the US Food and Drug Administration (FDA) reviewed reports of hundreds of cases of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) in women who received textured implants. A high number of those reports were in women who specifically received Allergan Biocell Natrelle textured implants.
Is it too late to file a lawsuit?
Although 30 Allergan breast implant lawsuits have been consolidated for pretrial proceedings, there is still time to file a lawsuit. The consolidation only affects federal Allergan lawsuits and it does not prevent new claims from being filed. Right now, it is more important to ensure the statute of limitations on your claim does not run out before you file a lawsuit.
If you received an Allergan textured breast implant and have since been diagnosed with BIA-ALCL linked to that implant, we encourage you to contact one of our personal injury attorneys today to discuss your legal options and review your claim.
What is the Allergan MDL?
Multi-district litigations are set up when there are enough lawsuits filed in different districts around the country all making similar claims. For the sake of efficiency, the cases are consolidated for the discovery portion of the trial before one judge in one court and a few select cases are sent to court as bellwether trials. Both sides can use the results of the bellwether trials to anticipate how the courts are likely to determine liability in future trials.
MDLs frequently focus on situations that harm a large number of people who make similar allegations. In this case, a large number of women allege that Allergan knew about the risk of BIA-ALCL linked to its textured implants but did not warn women or doctors about that risk.
Once the lawsuits are consolidated, they move to the discovery phase. In this phase, witnesses can be questioned under oath and Allergan may be required to provide the plaintiffs with documents concerning its breast implants. Following this phase, bellwether trials may get underway.
How could an MDL affect my Allergan claim?
All lawsuits that are consolidated remain their own individual claims. As such your lawsuit will still be judged on its facts and on the unique circumstances that surround your situation. If the courts find overwhelmingly in favor of the plaintiffs in the Allergan bellwether trials, there is a higher likelihood that Allergan would settle the lawsuits under a global Allergan settlement rather than going to court to fight each claim individually.
If no settlement is offered or the two sides fail to reach a breast implant settlement before bellwether trials are complete, your lawsuit is transferred back to its original court where it can proceed on its own.
File an Allergan Textured Breast Implant Lawsuit
It is vital that companies like Allergan be held accountable for putting defective devices on the market and not warning consumers about the risks. Patients should feel comfortable that they have all the necessary relevant information about a device before they agree to have that device implanted. Too many women’s lives have been put needlessly at risk because they were not informed about the link between textured implants and breast cancer.
Attorneys at Patterson Dahlberg have spent decades representing patients whose lives have been devastated by companies that put profits ahead of safety. We have recovered hundreds of millions of dollars for our clients, and are committed to fighting aggressively on your behalf.
If you or a family member received an Allergan breast implant and developed BIA-ALCL, contact one of our highly knowledgeable attorneys today. We are here to answer your questions and ensure you understand your rights. You can contact us by filling out an online form or calling us at 507-424-3000.