Four federal lawsuits against breast implant maker Allergan have been centralized to ensure efficiency as the cases proceed.
The United States Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of multiple Allergan breast implant lawsuits to the District of New Jersey, creating a centralized litigation docket specifically for these claims.
These Allergan recall lawsuits reflect an ongoing barrage of litigation against Allergan in relation to its textured breast implants. Some implants have been linked to BIA-ALCL, a type of cancer which targets the immune system. The suits allege that plaintiffs developed BIA-ALCL after receiving textured breast implants manufactured by Allergan.
Although the exact cause of BIA-ALCL is still under investigation, it is believed that textured breast implants irritate breast tissue, causing chronic inflammation, T-cell mutations, and an increased risk of developing the potentially deadly lymphoma.
The FDA officially recognized the cancer risks of Allergan implants earlier this year. In July, the FDA issued a Class 1 recall on certain Allergan breast implants due to the risk of BIA-ALCL. Class 1 is the most serious category of FDA recalls, used only for products that “may cause serious injury or death.”
The four Allergan breast implant lawsuits specified by the JPML are brought by plaintiffs from across the country, originating from California, Illinois, New York, and Tennessee, respectively. The court noted that twenty-five other federal actions have come to light since the motion to centralize litigation was filed.
Centralization of litigation occurs when multiple suits are brought against a defendant for the same cause of action, and the suits are consolidated under one district court and presiding judge. Centralization promotes fairness in the legal process, as the same district rules are applied to each plaintiff’s case. Centralization also ensures that relevant information is more easily disclosed, shared, and considered.
By moving these four breast implant lawsuits (and possibly future actions) to the District of New Jersey, the JPML hopes to “eliminate duplicative discovery, prevent inconsistent pretrial rulings . . . and conserve the resources of the parties.”
If you or a loved one has suffered injury as a result of Allergan breast implants, contact the Nashville products liability attorneys at David Randolph Smith & Associates.
