The global recall of the Allergan Biocell textured breast implant has prompted a spate of U.S. lawsuits against the manufacturer, a Dublin-based pharmaceutical giant.
The July 2019 recall followed recommendations by the U.S. Food and Drug Administration (FDA) after the product was linked to anaplastic large-cell lymphoma (ALCL), a cancer of the lymphatic system that is often accompanied by swelling of breasts. The FDA reported more than 550 cases of implant-related ALCL around the world, including more than 30 fatalities. An estimated 481 of those cases and at least 12 or 13 of the deaths have been connected to textured breast implants manufactured by Allergan.
Since the recall, more than 150 product liability lawsuits have been filed, including individual claims from women alleging that Allergan continued to market the breast implants and neglected to inform users of significant safety risks, despite knowing about the correlation between ALCL and breast implants.
The lawsuits allege that women who have received these implants may need lifelong medical monitoring because of their heightened risk of cancer. The lawsuits have been consolidated in a multi-district litigation case before U.S. District Judge Brian R. Martinotti in the District of New Jersey. However, if a settlement cannot be decided, each individual lawsuit may be returned to its original district court.
Allergan has filed a motion to dismiss all of the lawsuits, alleging that it should not be held liable because the FDA had closely reviewed and approved the Biocell breast design. According to the motion, Allergan should be immune from liability because the company did not deviate from the federal regulator-approved design.
If you or someone you care about has received Allergan textured breast implants, you may be able to file a claim against Allergan for negligence, product liability and/or breach of warranty.
After talking to your doctor about your Allergan breast implants and health, we encourage you to get in touch with Kaufman & McPherson, PLLC. Our product liability attorneys can help you determine whether you can recover compensation for medical bills, lost wages, diminished quality of life, and overall pain and suffering caused by your Allergan breast implants. For a consultation about your potential claim, call our Bridgeport office at 304-842-4300 or contact us online.