Allergan Biocell Lawsuits: Plaintiffs Seek To Form MCL

Allergan Biocell Lawsuits: Plaintiffs Seek To Form MCL

Introduction

The plaintiffs involved in the Allergan Biocell breast implant lawsuits asked the New Jersey Supreme Court to consolidate all the cases before one state judge for pretrial proceedings.

Last month, Glenn A. Grant, the Acting Administrative Director for New Jersey state courts, issued a Notice to the Bar, stating that the New Jersey Supreme Court has received the application from several plaintiffs who have filed claims against the recalled implants alleging the textured design increases the risk of cancer.

The application seeks to establish multicounty litigation (MCL) in Bergen County, and centralize all current and future claims before one judge.

According to the application, the plaintiffs noted that the federal Allergan Biocell litigation has already been centralized in New Jersey, where the U.S. Judicial Panel on Multidistrict Litigation (JPML) consolidated the claims before U.S. District Judge Brian R. Martinotti in the District of New Jersey under MDL No. 2921.

The legal proceedings have emerged post the recall of Allergan Biocell breast implant recall issued in July 2019. This recall was made after FDA determined that Breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) which is a rare type of T-cell lymphoma is associated with Allergan's device. For many years there has been a concern for the development of rare cancer near tissues surrounding the area of the implant. 

As per FDA's data over the summer, approximately 573 known cases of ALCL diagnosis have been reported worldwide. Amongst these, 481 ALCL cases have been linked to Allergan's breast implant device. Since the recall of the breast implant device, the number of lawsuits against Allergan has risen drastically with common allegations that the textured design of the device is harmful and defective. 

The plaintiffs in their petition also argued that the consolidation in Bergen County, where Allergan has its U.S. headquarters, will assure judicial efficiency, and all parties will benefit from the coordinated discovery.

The consolidation is meant to reduce duplicative discovery into common issues in the cases, avoid conflicting pretrial schedules from different judges, and serve the convenience of the common parties, witnesses, and the judicial system.