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Allergan Breast Implant Lawsuit

Learn about Allergan breast implant lawsuits, the related product recalls and how the implants are allegedly linked to cancer diagnoses.

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Case Overview

More than 1,400 women in the U.S. have filed lawsuits against Allergan. The plaintiffs allege that the company’s breast implants caused them to develop cancer. They also claim that Allergan didn’t adequately warn them of the increased cancer risks of using Allergan breast implants.

Key takeaways about Allergan breast implant lawsuits

  • Researchers have linked textured breast implants to BIA-ALCL, a type of lymphatic cancer.
  • Allergan recalled its textured implants in 2019. However, plaintiffs allege that the company didn’t adequately compensate women for surgery, cancer treatment and monitoring, or other costs associated with removing the implants.
  • Multidistrict litigation (MDL) is underway to pursue justice and compensation for women who had breast implant surgery that included Allergan textured implants. You may still be able to sue. It’s important to contact an attorney if you’ve had an Allergan breast implant.

Why are people filing Allergan breast implant lawsuits?

Women who experienced harms from Biocell® textured breast implants and tissue expanders are suing Allergan. One of the key harms linked to the textured Biocell implants is breast implant-associated anaplastic large cell lymphoma, or BIA-ALCL.

BIA-ALCL is a type of cancer that affects the immune system. According to the U.S. Food and Drug Administration (FDA), approximately 85% of people diagnosed with BIA-ALCL cases had Biocell textured implants.

Plaintiffs allege that Allergan’s actions to address the defective implants and associated costs weren’t adequate.

Products involved in Allergan breast implant lawsuits and recalls

The products involved in the Allergan implant lawsuits are all “textured” implants and tissue expanders. The textured implants feature a roughened surface originally thought to make them more comfortable than earlier, smooth breast implants.

In July 2019, the FDA requested a recall of Biocell® textured breast implants and tissue expanders after evidence linked them to BIA-ALCL. The recall notice explained that 481 of 573 BIA-ALCL cases had occurred in women with Allergan’s textured implants. The FDA considered this a significant number and issued the recall notice to Allergan. The company then made a voluntary recall notice the same day.

The recall affected all Allergan products made with a “salt-loss” process used to create the textured surface. These recalled products were:

  • 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
  • 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 150 Full Height and Short Height double lumen implants
  • 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 Komuro breast implants styles KML, KMM, KLL, and KLM
  • 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 and McGhan Round Gel Implants, styles 110, 110 Soft Touch, 120, 120 Soft Touch
  • Natrelle Ritz Princess breast implant styles RML, RMM, RFL, RFM
  • Natrelle Saline breast implant styles 168, 363, 468

Allergan breast implant complications

BIA-ALCL is the only currently known complication associated with Allergan textured breast implants. But all types of breast implants have side effects. These include:

  • Asymmetry
  • Breast pain
  • Breast tissue atrophy
  • Calcification
  • Capsular contracture
  • Chest wall deformation
  • Deflation
  • Delayed wound healing
  • Extrusion
  • Hematoma
  • Iatrogenic injury
  • Infection
  • Inflammation
  • Lymphedema
  • Malposition
  • Necrosis
  • Ptosis
  • Redness
  • Rupture
  • Seroma
  • Skin rash
  • Wrinkling

How did Allergan handle the recall of textured breast implants?

Allergan’s worldwide recall for the Biocell implants offered patients a “warranty” if they had their textured Biocell implants removed. The company said it would replace the textured Allergan Biocell implants with smooth Allergan implants “free of charge.”

The warranty didn’t provide payment for any other costs or expenses associated with the textured Allergan implants, including:

  • Surgery to remove the original implants if not being replaced
  • Testing for BIA-ALCL
  • Post-surgery recovery
  • Post-surgery monitoring for BIA-ALCL

Removing textured implants costs more than buying new implants. Allergan has not offered to compensate affected women for the related costs of diagnosis, surgery, monitoring and potential cancer treatments.

Importantly, BIA-ALCL may develop many years after an implant. Removing the implant is no guarantee that cancer won’t re-occur.

What is BIA-ALCL?

BIA-ALCL is a type of non-Hodgkin lymphoma — a blood cancer in the immune system. These cancers cause lymphatic tissues, such as the lymph nodes and bone marrow, to grow and spread into other tissues. BIA-ALCL begins in the capsule or fluid that surrounds the breast implant.

Lymphatic cancers can spread through the lymphatic system or bloodstream and into other parts of the body. Symptoms can appear anywhere from six months to 26 years after implantation, making regular testing and monitoring essential.

The prescribing information and package insert included with the breast implants did not mention BIA-ALCL as a possible side effect. This information was left out despite available evidence that linked the implants with a risk of developing BIA-ALCL.

Without complete information in the prescribing information, doctors can’t give their patients accurate information and help them make informed decisions about their health care.

BIA-ALCL is NOT breast cancer or breast implant illness (BII).

Other BIA-ALCL risk factors

Genetics may be a factor in Biocell implant recipients developing BIA-ALCL. People with mutations in the JAK1 or STAT3 genes and those with BRCA1, BRCA2 and TP53 mutations may have higher risks.

BIA-ALCL symptoms

Several symptoms are often associated with BIA-ALCL. If you’ve had Biocell breast implants, consult your physician if you exhibit one or more symptoms and suspect the implants may be related.

  • Enlarged lymph nodes
  • Fever
  • Hardening of the breast
  • Lumps near armpit or breast
  • Pain near breast or armpit
  • Skin rash or redness near breast
  • Swelling near the implant
  • Weight loss

Contact a breast implant lawyer

If you or a loved one developed BIA-ALCL because of a breast implant, you may be eligible to file a lawsuit. Our law firm offers free consultations for those suffering from BIA-ALCL from Allergan breast implants.

You can also reach our team by calling 1.800.768.4026.

Who qualifies for an Allergan implant lawsuit?

You may qualify to file an Allergan breast implant lawsuit if you can show that:

  • You or your loved one had one of the recalled Allergan breast implants or tissue expanders
  • A doctor properly placed the Allergan implant
  • You suffered from BIA-ALCL as diagnosed by a physician

An attorney who has experience in medical device litigation can help determine whether you’re eligible to join the multidistrict litigation. The attorney will examine the details of your medical history and help you decide the best course of action for your case.

Who are the named defendants in the Allergan breast implant lawsuits?

The defendants in the Allergan breast implant lawsuits are the manufacturing companies, their predecessors and the current owners. They include:

  • McGhan Medical Corporation initially developed the breast implant technique that Allergan used. In 2006, Allergan acquired Inamed and all assets and liabilities of Inamed and McGhan and the company became part of Inamed Corporation.
  • Allergan PLC (public limited company), which was headquartered in Dublin, Ireland, until 2015. It was purchased by Actavis, also headquartered in Dublin, with a principal place of business in New Jersey. Actavis bought Allergan, Inc. (a part of Allergan PLC), and took the Allergan PLC name.
  • AbbVie, Inc., which acquired Allergan PLC in May 2020. AbbVie also acquired Allergan, Inc., as a wholly owned subsidiary of Allergan PLC, along with acquiring all assets and liabilities of Allergan and all related holdings.

The defendants named in the multidistrict litigation (MDL) are listed in all legal paperwork as “Allergan plc n/k/a AbbVie, Inc.; Allergan, Inc.; and Allergan USA, Inc.”

What is the Allergan MDL?

The Allergan MDL is a mass legal action in the U.S. District Court of New Jersey. MDL stands for multidistrict litigation. It refers to a court procedure that can streamline multiple individual cases that share common facts. This allows faster pretrial processes and helps avoid duplicate cases and conflicting rulings.

An MDL is similar to a class action lawsuit because they both consolidate similar cases. However, lawsuits in MDLs are handled and tried individually based on the facts of the plaintiffs’ own claims.

The mass legal action for Allergan breast implants is In Re: Allergan Biocell Textured Breast Implant Products Liability Litigation, MDL No. 2921. Judge Brian Martinotti is the presiding judge.

Is there an Allergan class action lawsuit?

No, there isn’t an Allergan breast implant class action lawsuit. MDLs are often mistaken for class action lawsuits, but they handle some aspects of litigation and awards differently. For example, class action lawsuits often pay plaintiffs the same amount. MDLs typically award different amounts depending on the factors of the individual case.

What damages may be available in an Allergan lawsuit?

  • If a plaintiff wins an Allergan breast implant lawsuit, they may be awarded “damages” — the legal term for compensation received for the harm the defendant’s product caused them. In the Allergan case, the alleged losses suffered by the plaintiffs include: The costs of diagnosing, treating and recovering from BIA-ALCL
  • The costs of removing (explanting) the recalled implants
  • The costs of any reconstructive surgery needed after explantation
  • The costs of medical monitoring for BIA-ALCL until it can be reasonably certain the patient is free of cancer

Plaintiffs may also receive compensatory damages for:

  • Emotional distress
  • Lost wages
  • Pain and suffering

If you join an MDL or a class action lawsuit, your attorney will review your case and discuss possible damages and the potential outcome of your case. Each case in an MDL docket is different and may not have the same result.

Allergan breast implant lawsuit news and updates

03.02.26

MDL continues to grow

The number of plaintiffs in the MDL has risen again, bringing the number of pending actions to 1,481.

07.01.25

More plaintiffs joined MDL

More plaintiffs joined the MDL, bringing the number of pending actions to 1,456.

06.27.25

Bellwether trial date set

The court announced that the first bellwether trial is targeted to begin on June 15, 2026. Bellwether trials function as a test trial, providing insights about how future trials might proceed and what issues may arise.

04.01.25

MDL numbers grew as more women file lawsuits

New plaintiffs joined the MDL, bringing the total number of pending actions to 1,409.

01.02.25

More plaintiffs filed MDL cases

More women who suffered harms from Allergan textured breast implants joined the MDL. The total number as of Jan. 1, 2025, was 1,266 actions pending.

08.01.24

August 2024

In August of 2024 the Court extended the time for Bellwether case selection.

05.01.24

May 2024

Case Management Order #30 extended important dates regarding bellwether trials set in February. It set the following dates and deadlines:

Bellwether selection deadline extended from June 1, 2024, to August 14, 2024.

Core bellwether discovery completion deadline extended from October 31, 2024, to January 31, 2025.

05.01.24

May 2024

Judge Martinotti set MDL case management conference dates in Case Management Order #29. The conferences are scheduled once a month from June through December 2024.

02.01.24

February 2024

Case Management Order #28 set a few important dates regarding bellwether trials. It set the following dates and deadlines:

On June 1, 2024, the parties will select the Initial Bellwether Discovery Cases

By October 31, 2024, core bellwether discovery must be completed

12.01.23

December 2023

The Allergan Breast Implant MDL has brought about no bellwether trials yet. Lawyers continue to accept and file lawsuits on behalf of people injured by the devices.

10.05.23

October 2023

The court made another change to the Plaintiffs Steering Committee (PSC). On October 5, Motley Rice attorney Sara Couch was appointed to the PSC.

10.01.23

October 2023

After a September case management conference, Judge Martinotti issued Case Management Order #26. CMO 26 put several deadlines on another round of motions to dismiss from Allergan. The deadlines included:

Allergan shall file its motions to dismiss class action allegations by October 26

Plaintiffs shall respond to the motion by November 30

Allergan shall file its reply by December 14, 2023

Plaintiffs shall file their resulting reply by December 21, 2023

09.01.23

September 2023

As of September 15, 2023, nearly 1,200 lawsuits had been filed.

05.01.23

May 2023

Special Master Joseph A. Dickson set a September 18, 2023, deadline for depositions of class action representatives.

02.01.22

February 2022

As of February 16, 2022, more than 1,075 lawsuits had been filed in the MDL.

04.01.21

April 2021

As of April 20, 2021, there were 602 individual cases and one class action in the Allergan MDL.

03.01.21

March 2021

Judge Martinotti granted parts of Allergan’s motion to dismiss and denied other parts. The permitted plaintiffs’ cases to proceed and stay active in the MDL.

11.01.20

November 2020

Case Management Order #19 set a date to hear Allergan’s motion to dismiss and present arguments. The order converted a scheduled case management conference on December 14, 2020, to an oral argument on the motions.

07.01.20

July 2020

Case Management Order #13 set dates for Allergan to file motions to dismiss. The order set the following dates: 

Allergan to file a motion to dismiss based on preemption by August 7, 2020 

Opposition due September 8, 2020

Reply due October 8, 2020

06.01.20

June 2020

Skelton v. Allergan was transferred to the New Jersey MDL.

05.01.20

May 2020

Case Management Order #11 set an August date for Science Day. “Science Day” is a common part of medically and scientifically complex litigation. It serves to give the court an overview of general medical and scientific issues in the litigation. All facts presented at Science Day should be objective and educational.

04.01.20

April 2020

Case Management Order #9 set a May 2020 deadline for filing of master complaints. They were subsequently filed on May 26, 2020.

02.01.20

February 2020

The court confirmed the proposed leadership structure for the plaintiffs’ counsel. Motley Rice attorney Esther Berezofsky was appointed to the Plaintiffs Steering Committee.

01.01.20

January 2020

The court held a case management conference and released case management order #2 (CMO 2) in the litigation. CMO 2 set several deadlines. One of the orders was for the plaintiffs’ counsel to submit a proposed leadership structure to the court.

12.01.19

December 2019

The Judicial Panel on Multidistrict Litigation transferred New Jersey Allergan lawsuits into an MDL in New Jersey. People continued to file lawsuits against Allergan.

12.01.18

December 2018

Allergan shareholders and stockholders filed an Allergan class action lawsuit in New York, when the company lost its CE mark — a certificate necessary for sales in the European Union. This class action suit claimed Allergan’s concealment of the issues with its implants constituted fraud against the investors.

03.01.18

March 2018

The Skelton v. Allergan lawsuit was filed in California. It was the first Allergan lawsuit alleging that Allergan implants resulted in BIA-ALCL.

View Full Timeline

Our experience advocating for women’s health

Motley Rice attorneys have represented thousands of people harmed by defective medical devices and products. Our law firm has represented women with defective breast implants that caused serious complications for decades. Motley Rice lawyers have extensive experience litigating breast implants, other implanted medical devices and medical drugs cases, including:

Learn more about our experience handling women's health cases.

Key takeaways

Why are people filing Allergan breast implant lawsuits?

How did Allergan handle the recall of textured breast implants?

What is BIA-ALCL?

Who qualifies for an Allergan implant lawsuit?

Who are the named defendants in the Allergan breast implant lawsuits?

What damages may be available in an Allergan lawsuit?

Allergan breast implant lawsuit news and updates

Our experience advocating for women’s health

About the Author

Sources
  1. Allergan Aesthetics. Regenerative Medicine.
  2. American Cancer Society. Types of T-Cell Lymphoma.
  3. Breastcancer.org. What Is BIA-ALCL?
  4. Cleveland Clinic. Breast Implant-Associated Anaplastic Large Cell Lymphoma (BIA-ALCL).
  5. FDA. FDA takes action to protect patients from risk of certain textured breast implants.
  6. GovInfo. 28 U.S.C. 1407 - Multidistrict Litigation.
  7. Health Canada. Breast Implants: Overview.
  8. Judicial Panel on Multidistrict Litigation. Pending MDLs.
  9. United States District Court District of New Jersey. Allergan Biocell Textured Breast Implants Management Orders.
  10. U.S. Food & Drug Administration. FDA takes action to protect patients from risk of certain textured breast implants; requests Allergan voluntarily recall certain breast implants and tissue expanders from market.
  11. U.S. Judicial Panel on Multidistrict Litigation. Pending MDLs.
  12. U.S. Judicial Panel on Multidistrict Litigation. Pending MDLs Reports Archive.
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