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Updates on Allergan Breast Implants Class Claim

On Behalf of | Mar 26, 2021 | Pharmaceutical Liability

In July 2019, pharmaceutical manufacturer Allergan ordered a recall of its BIOCELL textured breast implants after reports that the implants were linked to a serious cancer affecting hundreds of patients. Here, the pharmaceutical liability attorneys at Peter Angelos Law discuss recent updates to this serious event as well as your legal options if you have been impacted by BIOCELL products.

Allergan Must Face Breast Implant Class Claims

On March 19th, 2021, a New Jersey federal judge blocked Allergan’s attempt to have claims dismissed in an open multidistrict litigation. The company has been accused of allegedly concealing the risks of its textured breast implants.

In his opinion on the pharmaceutical company’s motions, U.S. District Judge Brian R.

Martinotti ruled against the inclusion of class claims such as failure to warn on the grounds of preemption. However, he established that other claims such as manufacturing defect and negligence per se were not preempted, and would stand. Judge Martinotti also declined attempts to establish state-specific subclasses to which no named plaintiff belongs, and reasoned that a nationwide medical monitoring class is inapplicable. However, the opinion ultimately denied Allergan’s attempt to knock out the class allegations completely.

Martinotti stated, “At this stage, the court will not entertain this alleged failure of representation, which involves factual differences in the actual implant used by individual plaintiffs, because such ‘differences among plaintiffs may be defeated by common proof developed in discovery,’” said the judge further adding “the claims asserted by the named plaintiffs and putative class members stem from the same course of [conduct] of Allergan,” and they “share an aligned interest in seeking damages from Allergan.”

Allergan’s Recalled Products Include Natrelle Saline-Filled Breast Implants and Natrella Silicone-Filled Textured Breast Implants

As a result of the FDA’s request that Allergan’s textured breast implants be pulled from the market, Allergan recalled a number of products, including Allergan Natrelle Saline-Filled Breast Implants, including styles 163, 168, 363 and 468; Allergan Natrelle Silicone-Filled Textured Breast Implants; and Natrelle 410 Highly Cohesive Anatomically Shaped Silicone Filled Breast Implants. The full list of recalled products can be found here. The FDA has stated that individuals who received textured breast implants and have no symptoms do not need to have their implants removed, as the risk of developing BIA-ALCL is rare. However, it is recommended to consult a health professional, especially if you begin to experience any symptoms of BIA-ALCL.

Discuss Your Options with a Baltimore Pharmaceutical Liability Attorney at the Law Offices of Peter Angelos Law

While rare, BIA-ALCL– a form of non-Hodgkin’s lymphoma– is severe and can be life-threatening. Because of this, it is important for patients who have received Allergan textured breast implants to meet with a medical health professional if they may be experiencing adverse side effects. Additionally, you may want to consider speaking with an experienced personal injury attorney about your rights.

The pharmaceutical liability attorneys at The Law Offices of Peter Angelos Law are dedicated to serving individuals who are seriously impacted by major pharmaceutical companies who have the responsibility to ensure their products are safe for public use. If you or a loved one developed BIA-ALCL or another serious health condition as a result of receiving Allergan textured breast implants, speak with one of the skilled pharmaceutical liability attorneys at The Law Offices of Peter Angelos Law today.