Allergan Biocell Textured Breast Implant Lawsuits To Be Selected For Bellwether Trial Discovery in August 2024

With similar questions of fact and law presented in hundreds of Allergan Biocell breast implant lawsuits filed throughout the federal court system, each involving allegations that the textured design caused users to develop a rare type of cancer known as breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), the U.S. District Judge presiding over the cases has given the parties until the end of August to select a group of representative claims for a series of bellwether test trials.

Allergan’s Biocell breast implants were removed from the market in 2020, after health officials linked the textured design to nearly all reported cases of BIA-ALCL. Since then, the manufacturer has faced more than 1,200 lawsuits filed by women nationwide who developed the rare cancer in the tissue surrounding the textured breast implant.

Allergan also faces class action claims representing all women who received the recalled implants, which may result in the need for removal surgery or life-long medical monitoring due to the increased risk of cancer.

Allergan Biocell Breast Implant Problems

Concerns about the link between textured breast implants and ALCL began to emerge nearly 10 years ago, with hundreds of cases identified nationwide, including dozens of deaths. Since the cancer was nearly always diagnosed in women with breast implants, the medical community has come to refer to the cancer as “breast implant-associated” ALCL.

In June 2017, a study published in the medical journal Plastic and Reconstructive Surgery suggested that certain textured breast implants may be increasing the risk of ALCL, with results suggesting that women receiving the design may be anywhere from 10 to 14 times more likely to develop the cancer, when compared to those who received traditional, smooth breast implants.

Another study, published in October 2017, warned that many breast implant cancer cases worldwide have likely not been reported, and noted doctors and patients may not be aware of BIA-ALCL.

Since December 2019, all Allergan Biocell textured breast implant lawsuits filed throughout the federal court system have been consolidated for pretrial proceedings before U.S. District Judge Brian R. Martinotti in the District of New Jersey, to reduce duplicative discovery into common issues, avoid conflicting pretrial schedules and serve the convenience of the parties, witnesses and the judicial system.

Early in the litigation, Judge Martinotti ordered the parties to select a pool of Initial Bellwether Discovery Cases by June 1, 2024, which would go through case-specific discovery and be prepared for a series of early test trials to help the parties determine how juries are likely to interpret testimony and evidence that was likely to be repeated throughout other Allergan Biocell textured breast implant lawsuits.

However, in a case management order (PDF) issued on May 16, Judge Martinotti extended that deadline to August 14, 2024.  In addition, the original instructions called for the completion of core discovery in those cases to be completed by October 31, 2024. That deadline has also been extended, to January 31, 2025.

On June 11, Judge Martinotti met with lawyers involved in the litigation for a status conference (PDF), at which time the Court reviewed progress of general discovery and waivers of venue that will be required for bellwether trials to go before juries in the District of New Jersey.

Following the jury trials, if the parties fail to negotiate Allergan Biocell breast implant settlements for women diagnosed with ALCL, it is expected that Judge Martinotti will consider remanding larger numbers of claims back to U.S. District Courts nationwide for individual trial dates.