Allergan Biocell Breast Implant Lawsuit
Last Updated on January 19, 2024
Case Update
December 19, 2019 – Cases Consolidated
In December 2019, the Judicial Panel on Multidistrict Litigation (JPML) consolidated all four pending class actions involving Allergan to federal court in New Jersey. The purpose of consolidating the cases is to help conserve time and resources for all those involved and to ensure consistent rulings by having one judge preside over the litigation.
If you were implanted with the recalled breast implants, there is still time to take action. Fill out the form on this page to learn more.
At A Glance
- This Alert Affects:
- Anyone who has Biocell saline-filled or silicone-filled breast implants or tissue expanders that were recently recalled by the FDA.
- What’s Going On?
- Allergan, Inc. was recently directed by the FDA to recall certain Biocell breast implants due to concerns that they cause cancer, but the recall is only covering the cost of replacement implants. A class action is seeking remedies that weren’t provided in the recall.
- What Remedies Is the Lawsuit Seeking?
- The cost of surgery to remove the implants, diagnostic testing, and medical monitoring.
- What Can I Do?
- Fill out the form on this page and tell us about your experience with Biocell breast implants. An attorney may contact you directly to tell you more about your rights and what you can do.
- What Else Should I Know?
- It’s suspected that Allergan may be giving doctors paperwork for their patients to sign that includes a legal waiver. This paperwork, if signed, could prevent the patient from suing. It’s advisable to contact an attorney before signing anything, even if it looks like “routine” paperwork and is provided by your physician.
The FDA recently directed Allergan, Inc. to recall certain Biocell breast implants and tissue expanders due to concerns that they may be linked to cancer, but a class action lawsuit claims the recall is insufficient.
The Recall
On July 24, 2019, Allergan announced a recall of certain Biocell textured breast implants after reports showed a possible link between the implants and a type of non-Hodgkin’s lymphoma (cancer of the immune system).
The reports showed that people with Allergan’s Biocell textured products were six times more likely to develop breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) than people with textured implants from other manufacturers.
The FDA has recommended that people who haven’t shown symptoms of BIA-ALCL don’t remove or replace the implants because of the low risk of getting cancer.
Which Biocell Products Were Recalled?
The recall covers several styles of Allergan Natrelle Saline-Filled Breast Implants, Allergan Natrelle Silicone-Filled Textured Breast Implants, and Natrelle 410 Highly Cohesive Anatomically Shaped Silicone Filled Breast Implants.
See the FDA’s website for the full list of recalled products and styles.
Class Action Claims Recall Is Insufficient
A class action lawsuit has been filed against Biocell’s makers that claims the recall doesn’t fully compensate proposed class members for the costs of replacing or retaining their implants.
The recall apparently only covers the cost of replacement implants but doesn’t pay for the removal surgery required if an individual chooses to have the implants replaced.
For those who choose not to replace their Biocell implants, Allergan has apparently refused to cover the costs associated with invasive diagnostic testing and medical monitoring. (The FDA has noted that BIA-ALCL may not show up right away and, if left untreated, can lead to death.)
A class action lawsuit, if successful, could force Allergan to pay for the costs of surgery, diagnostic testing, and medical monitoring in people who have Biocell implants.
What Can I Do?
Fill out the form on this page and tell us what happened. You may be able to take action to recover surgery costs and other expenses. After you get in touch, we’ll forward your information to the attorneys we work with, and they may contact you directly to tell you what you can do and answer any questions you may have.
It’s important to be aware that Allergan may be providing doctors with paperwork for their patients to sign releasing the company from legal claims. It’s advisable to contact an attorney before signing anything, even if it is among “routine” paperwork provided by your doctor.
Who Will See My Information?
We never share your information with anyone besides the attorneys we work with, and your communications with them will be confidential. Remember, you’re never obligated to take legal action just because you spoke with an attorney.
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