Sauder Schelkopf announces that the court has largely denied Allergan’s Motion to Dismiss in the national recalled breast implant litigation. Sauder Schelkopf filed the first nationwide class action lawsuit to seek relief for breast implant patients due to the alleged increased risk of breast implant-associated anaplastic large lymphoma (BIA-ALCL) associated with Allergan BIOCELL textured breast implants. As a result of the court’s ruling, the lawsuit will move forward with multiple claims, including those based on the Federal Food, Drug, and Cosmetic Act, express warranty claims, manufacturing and design defect claims, and many state law-based claims, and could be a big victory for thousands of women presently or potentially affected nationwide.

In July 2019, the United States Food and Drug Administration (FDA) requested that Allergan issue a recall of its BIOCELL textured breast implants and tissue expanders, and Allergan agreed to remove these products from the global market. According to the FDA, “Breast Implant Associated Lymphoma (BIA-ALCL) is not breast cancer – it is a type of non-Hodgkin’s lymphoma (cancer of the immune system). In most cases, BIA-ALCL is found in the scar tissue and fluid near the implant, but in some cases, it can spread throughout the body. An individual’s risk of developing BIA-ALCL is considered to be low; however, this cancer is serious and can lead to death, especially if not treated promptly. In most patients, it is treated successfully with surgery to remove the implant and surrounding scar tissue, and in some patients, also treated with chemotherapy and radiation therapy.” The FDA requested that Allergan recall all of its BIOCELL textured breast implants and tissue expanders based on Medical Device Reports (MDRs) reporting worldwide cases of BIA-ALCL and BIA-ALCL-related deaths associated with these implants.

Following the FDA notice, Sauder Schelkopf and co-counsel filed the initial lawsuit in Jane Doe I, et al. v. Allergan, Inc., et al., No. 2:19-cv-16784 (D.N.J.). Since that case was filed, the court has consolidated similar cases from across the country as a multi-district litigation matter captioned In re: Allergan Biocell Textured Breast Implant Products Liability Litigation, No. 2:19-md-02921 (D.N.J.)

“Our goal with this lawsuit is to provide peace of mind to patients who understandably wish to have their defective breast implants removed or replaced, and recoup the costs associated with those procedures. We look forward to continuing to fight on their behalf,” said Joe Kenney. Sauder Schelkopf was appointed to the Plaintiffs’ Steering Committee in the case.

FDA statement as of August 7, 2019 here

Class Action Press Release here

According to the FDA, the recalled products include:

Natrelle Saline breast implant styles 168, 363, 468
Natrelle and McGhan 410 breast implant styles LL, LM, LF, LX, ML, MM, MF, MX, FL, FM, FF, FX
Natrelle and McGhan 410 Soft Touch breast implant styles LL, LM, LF, LX, ML, MM, MF, MX, FL, FM, FF, FX
Natrelle 510 Dual-Gel styles LX, MX, FX
Natrelle INSPIRA breast implants, styles TRL, TRLP, TRM, TRF, TRX, TSL, TSLP, TSM, TSF, TSX, TCL, TCLP, TCM, TCF, TCX
Natrelle and McGhan Round Gel Implants, styles 110, 110 Soft Touch, 120, 120 Soft Touch
Natrelle Komuro breast implants styles KML, KMM, KLL, and KLM
Natrelle Ritz Princess breast implant styles RML, RMM, RFL, RFM
Natrelle 150 Full Height and Short Height double lumen implants
Natrelle 133 tissue expanders with and without suture tabs: styles 133FV, 133MV, 133LV, 133MX, 133SX, 133SV, T-133FV,
T-133MV, T-133LV, T-133MX, T-133SX, T-133SV, 133FV-T, 133MV-T, 133LV-T, 133MX-T, 133SX-T, 133SV-T
Natrelle 133 Plus tissue expander styles 133P-FV, 133P-MV, 133P-LV, 133P-MX, 133P-SX,
133P-SV, T-133P-FV, T-133P-MV, T-133P-LV, T-133P-MX, T-133P-SX, T-133P-SV, 133P-FV-T, 133P-MV-T, 133P-LV-T, 133P-MX-T, 133P-SX-T, 133P-SV-T

Experience Matters

Sauder Schelkopf is a nationally recognized class action and personal injury law firm. The firm’s partners currently serve as court appointed lead counsel in courts across the country and have been selected by the National Trial Lawyers Association as some of the Top 100 Trial Lawyers in Pennsylvania since 2012. The attorneys at Sauder Schelkopf have recovered over $500 million on behalf of their clients and class members.

 We Want to Hear from You

If you have one of the recalled breast implants, contact the attorneys at Sauder Schelkopf by submitting your information below.