On July 24, 2019, Allergan announced a recall of all its BIOCELL Textured Breasts Implants and Tissue Expanders (“Recalled Implants”) due to the risk of Breast Implant Associated Anaplastic Large Cell Lymphoma. Textured breast implants are supposed to reduce the risk of capsular contracture and have a better aesthetic appearance. The Recalled Implants have been on the market for over 25 years. Symptoms of BIA-ALCL include seroma (build-up of fluid in the breast), pain, swelling, inflammation, itching, and capsular contracture. Per the FDA, there are 246,831 people that had the recalled Implants.
Allergan came up short Friday March 19, 2021 in its attempt to escape claims in the multidistrict litigation. The company hid the cancer risks of its textured breast implants, with a New Jersey federal judge saying, “certain claims are not preempted by federal law and class allegations are still in play”.
In a 121-page opinion on the pharmaceutical giant’s dismissal motions, U.S. District Judge Brian R. Martinotti tossed on preemption grounds failure-to-warn claims over the BIOCELLl implant labels and other allegations but found that a manufacturing defect, negligence per se and other claims were not preempted.
This now opens the doors for three (3) different claim types that we can go after. First women who still have product in place, women that have had the recalled product removed, and women that had already been diagnosed with BIA-ALCL a very rare type of blood cancer similar to non-Hodgkin’s lymphoma.
We are looking at a two-year SOL date of July 24 2021 so we still have a few months to find these women and sign them up for possible compensation though the MDL.
The most represented states are California, Florida, New York, and Texas which combined comprise of about 40% of the implants.
We have good statistical data on where the implants are and who got them implanted.
44% implant as part of reconstruction
42% implants put in for cosmetic purposes.
14% Other reasons.
There are some common hospital systems and cancer treatment centers that we are aware of that have doctors that have used these implants with some frequency. These systems include Memorial Sloan-Kettering, the Cleveland Clinic and the Mayo Clinic.
Through advertising, we are looking to find the rest of these women that are part of this recall. All responses will go to a professional call center with the Co-Counsel’s specific criteria for sign up.
Please ask us for an introduction to these great Co-Counsel firms in leadership on this case.
Shanon J. Carson
Levin Papantonio Rafferty