Allergan Breast Implant Lawsuit – Cancer Settlement Lawyers

Allergan breast implant lawsuits stem from researchers having linked textured breast implants to a rare type of non Hodgkin lymphoma called ALCL. ALCL is a form of non-Hodgkin’s lymphoma.

Our law firm represents women who received textured breast implants and have subsequently been diagnosed with BIA ALCL.

We have been handling lawsuits against medical device manufacturers since 1955. Each year we teach 1,500 attorneys how to successfully handle these cases. We are listed in Best Lawyers in America and The National Trial Lawyers Hall of Fame.

Allergan Breast Implant Lawsuit Update 2024

Our breast implant lawyers want to keep you informed about developments in the Allergan lawsuits. Below is a monthly account of news updates in this litigation:

June 2024

On June 11, Judge Martinotti met with the lawyers for a status conference to review the progress of general discovery and the venue waivers needed for bellwether trials in New Jersey.

If the jury trials don’t lead to settlements for women with ALCL from Allergan Biocell breast implants, Judge Martinotti might send more cases back to U.S. District Courts across the country for individual trials.

May 2024

Early in the Allergan breast implants lawsuits litigation, Judge Martinotti ordered the parties to choose a group of Initial Bellwether Discovery Cases by June 1, 2024. These cases would go through specific discovery and be prepared for early test trials to help understand how juries might respond to the evidence and testimony in other Allergan Biocell textured breast implant lawsuits.

However, in a case management order issued on May 16, Judge Martinotti extended that deadline to August 14, 2024. The original deadline for completing core discovery in those cases was October 31, 2024. It has now been extended to January 31, 2025.

What We Know About the Allergan Breast Implant Cancer Lawsuit

The World Health Organization and United States Food and Drug Administration (“FDA”) have linked breast implants to anaplastic large cell lymphoma. This is a rare form of non-Hodgkin’s lymphoma typically located in the scar capsule surrounding the implant.

The illness has been termed breast implant-associated anaplastic large cell lymphoma (“BIA-ALCL”). This illness is commonly found in patients with textured breast implants. However, there have also been reports of it in women with smooth breast implants.

In 2016, the World Health Organization identified BIA-ALCL as a form of T-cell lymphoma. This type of cancer can develop in individuals who have undergone breast implant surgery. In December 2018, Allergan stopped selling a type of breast implants in 33 European countries, Israel, Brazil, and Australia.

In May 2019, Health Canada banned Allergan from selling BIOCELL breast implants. This decision came after a safety review revealed that these implants could increase the risk of ALCL.

In December 2019, a new Allergan BIOCELL MDL was created in the District of New Jersey to combine all current and future BIOCELL implant lawsuits against Allergan in the federal courts.

The Key Legal Issue With Breast Implant Lawsuits

Allergan recalled their textured breast implants because many women reported getting a type of cancer called anaplastic large cell lymphoma. The recall was necessary to address the safety concerns surrounding the implants. The reports of cancer prompted the company to act and prioritize the health of their customers. The company decided to recall the implants because of the potential risks associated with their use.

Timeline of FDA Actions

In May 2019, the FDA talked about the risks and benefits of breast implants. The agency also discussed what actions to take because of worries about BIA-ALCL, a type of cancer linked to implants.

The FDA requested Allergan to remove all textured breast implants and tissue expanders from the U.S. market on July 24, 2019. This decision was made due to safety concerns. The FDA believes that these products may be linked to a rare form of cancer.

Allergan is complying with the FDA’s request. This decision was made due to safety concerns. The implants and expanders were recalled by Allergan in response to the FDA’s request. This was done to protect patients.

The FDA decided to request this recall after a review of newly-submitted adverse event reports involving BIA-ALCL. The FDA discovered that Allergan BIOCELL textured implants have a higher risk of causing BIA-ALCL than implants from other companies. Selling Allergan’s BIOCELL implants could result in serious health problems and even death from BIA-ALCL. Continuing to sell Allergan’s BIOCELL implants could lead to serious health issues and even death from BIA-ALCL.

Breast Implant Cancer Personal Injuries

Breast implant-associated anaplastic large cell lymphoma is not breast cancer. It’s a form of non-Hodgkin’s lymphoma. The disease results from the mutation of a specific gene. This causes T-cells to produce excess amounts of a protein known as anaplastic lymphoma kinase (ALK1).

Doctors do not know why textured implants can cause this cancer. However, research suggests that it may link to the inflammation that results in the formation of the scar tissue. Also, bacterial contamination at the surgical site may play a role, as well as a family history of lymphoma.

Studies suggest a person’s risk of developing BIA-ALCL is low, but is serious and can lead to death.

Symptoms of BIA ALCL

Initial symptoms of ALCL usually include a painless, but noticeable swelling in the lymph nodes (like the armpit or neck).

These symptoms may follow:

  • Loss of appetite
  • Generalized fatigue
  • Fever
  • Night sweats
  • Mass or pain in the area of the breast implant

An accurate diagnosis requires the analysis of an enlarged lymph node in order to determine if lymphoma cells are present.

How Common is ALCL?

As of January 5, 2020, the FDA received 733 cases of anaplastic large cell lymphoma reports associated with breast implants were submitted to the FDA. Of these:

  • 620 (85%) involved Allergan breast implants
  • 66 (9%) involved implants manufactured by Mentor, Sientra, and other companies
  • 47 (6%) reports did not identify the implant manufacturer

These BIA-ALCL reports included 36 deaths. Based on the available adverse event data, the median time from implantation to diagnosis of ALCL is 8 years.

BIA ALCL Treatment

If doctors detect BIA-ALCL early enough, the disease can often be successfully treated by removing the implant and surrounding scar tissue. However, ALCL can metastasize to other parts of the body. This might require treatment with chemotherapy and radiation. Early diagnosis is of utmost importance.

What Is Non-Hodgkins Lymphoma?

Non-Hodgkin’s lymphoma, a type of cancer that originates in the lymphatic system, plays a crucial role in the body’s immune system response. Abnormal white blood cells called lymphocytes grow uncontrollably, forming tumors throughout the body.

Common symptoms include:

  • Swollen lymph nodes in the neck, armpits, or groin
  • Absominal pain or swelling
  • Fatigue
  • Fever
  • Night sweats
  • Unexplained weight loss

This cancer can arise from either B cells (which produce antibodies) or T cells (involved in directly killing foreign invaders), influencing treatment options.

If you experience persistent symptoms, consider seeking medical treatment promptly.

Allergan Breast Implant Recall Lawsuit

If you or a loved one experienced anaplastic large cell lymphoma (ALCL) after having breast implants, then we will be seeking the following damages for you:

  • Past and future medical and funeral expenses that result from the injuries.
  • Past and future pain and suffering (physical and mental) caused by the injuries, and the treatment and recovery process.
  • Past and future wage loss and loss of estate (if death occurred).
  • Past and future loss of earning capacity.
  • Past and future loss of enjoyment of life.
  • Punitive damages, if appropriate.

Breast Implant BIA-ALCL Lawsuit Settlement Amounts

man signing contract

In December 2019, an MDL was established for Allergan textured breast implants in federal court in New Jersey. Our law firm is serving as co-lead counsel for the MDL. As of October 2021, more than 900 lawsuits were pending in the MDL.

The creation of an MDL is the first step in the litigation process that starts the settlement negotiations. Once the MDL has been formed, discovery of the facts and trials can begin, which then leads to serious settlement discussions.

Breast Implant Cancer News

Allergan Recalls Textured Breast Implants Linked To Rare Type Of Cancer:

The FDA said in a statement that while the overall incidence of the cancer appears to be low, it asked Allergan to initiate the Biocell implant recall “once the evidence indicated that a specific breast implant manufacturer’s product appeared to be directly linked to significant patient harm, including death.” Reported in NPR

Is there any connection between breast implants and cancer? And if so, how serious is the risk?:

Research suggests that BIA-ALCL is usually found near the breast implant within the surrounding scar tissue, not the breast itself. The lifetime risk of developing BIA-ALCL from a textured implant is estimated to be from one in 1,000 to one in 30,000.

Treatment involves surgery to have the implants removed, along with the cancer. Surgical removal can also involve reconstructive surgery. When caught early, BIA-ALCL is usually curable. Reported in Mayo Clinic

Breast Implants – Certain Labeling Recommendations to Improve Patient Communication

In October 2020, the FDA gave suggestions on warnings for women thinking about getting breast implants.

  • Doctors do not consider breast implants lifetime devices.
  • The chance of developing complications increases over time.
  • Some complications will require more surgery.
  • Breast implants can lead to a type of cancer called breast implant-associated anaplastic large cell lymphoma (BIA-ALCL). BIA-ALCL occurs more commonly in patients with textured breast implants than smooth implants, and deaths have occurred from BIA-ALCL.
  • Researchers have associated breast implants with systemic symptoms.