The attorneys at Schwaba Law Firm are representing women diagnosed with anaplastic large cell lymphoma (BIA-ALCL) after receiving Allergan textured breast implants, including the recalled BIOCELL models. If you or your loved one received a BIA-ALCL diagnosis after undergoing breast implant surgery, call now to schedule a free consultation with an experienced Allergan breast implant lawsuit lawyer.
Legal Basis for the Allergan Breast Implant Lawsuit
Multiple legal theories for holding the manufacturer accountable for injuries caused by textured implants exist for plaintiffs pursuing Allergan breast implant lawsuits. According to plaintiffs in the ongoing Allergan breast implant litigation, Allergan failed in its duty to ensure product safety and provide adequate warnings about the serious health risks associated with its BIOCELL textured surface technology. Legal grounds include:
- Product Liability – Product liability suits claim that Allergan designed and manufactured textured implants with inherent defects that made them unreasonably dangerous for consumer use. The aggressive surface texture in certain textured breast implants created an environment conducive to bacterial growth and chronic inflammation, which has been linked to cancer development in recipients.
- Failure to Warn – Despite accumulating evidence of BIA-ALCL risks, lawsuits claim that Allergan neglected to provide sufficient warnings to surgeons and patients about the heightened cancer risk. The company continued marketing these products without disclosing critical safety information that would have allowed women to make informed medical decisions.
- Negligence – Allergan allegedly breached its duty of care by failing to conduct adequate testing, ignoring safety signals from international markets, and delaying the recall despite mounting evidence of harm. According to lawsuits, the company prioritized profits over patient safety by continuing to sell products it knew, or should have known, posed significant health risks.
Attorneys contend that Allergan’s actions reflect a pattern of corporate negligence warranting significant compensation for affected women. The strength of these claims has already led to notable settlements and continues to propel ongoing litigation.
2025 Allergan Lawsuit Update: Current Litigation Status
The Allergan breast implants cancer lawsuit is active and continues to progress through the federal court system as MDL No. 2921 in the District of New Jersey. Judge Brian R. Martinotti oversees more than 1,200 active cases consolidated for pretrial proceedings.
Recent court decisions have supported plaintiffs on key evidentiary issues, allowing expert witnesses to testify about the link between Allergan BIOCELL breast implants and BIA-ALCL. The first bellwether trial is scheduled for October 2026, and its outcome could guide litigation strategies and help determine potential settlement values for other pending cases.
Allergan has reportedly reached some individual settlements involving its textured breast implants, including the BIOCELL line. In one case, a woman in Sheffield, United Kingdom, settled her lawsuit against Allergan and received a five-figure settlement in November 2023.
Statutes of limitations vary by state, but most give patients two to three years from the date of a BIA-ALCL diagnosis or implant removal to file a claim. In some states, the “discovery rule” may extend this deadline, allowing victims more time if they could not have reasonably known earlier that their implants were linked to their illness.
Women who received textured breast implants but have not yet developed BIA-ALCL may still have legal options through medical monitoring claims in certain jurisdictions. Anyone with Allergan implants should consult an attorney immediately to preserve their legal rights before time limits expire on the Allergan breast implant MDL.
Who is Legally Eligible to File an Allergan Lawsuit?
Women seeking to join the Allergan breast implants lawsuit must meet specific eligibility criteria established by the courts. Plaintiffs must demonstrate they received Allergan BIOCELL textured breast implants or other textured breast implants through surgical records, implant identification cards, or operative reports. Product identification numbers and manufacturing dates strengthen claims by establishing a direct link to the recalled devices.
A formal diagnosis of BIA-ALCL or documented complications requiring capsulectomy, surgical removal of the implant, or extensive medical treatment establishes the injury element. Medical records must show that the health problems developed after implantation and are directly related to the textured surface design.
Plaintiffs must have suffered damages, such as medical bills and lost wages. Additionally, they must show that these harms resulted directly from their Allergan BIOCELL textured implants, rather than from unrelated medical conditions or other factors.
Compensation Pursued in Allergan Lawsuits
Women harmed by Allergan textured implants may seek comprehensive compensation addressing both tangible losses and profound personal suffering. The scope of damages reflects the severe impact BIA-ALCL and related complications have on victims’ lives:
- Economic Damages – Compensation may include reimbursement for past and future medical costs, lost wages from time missed at work, and diminished earning capacity resulting from lasting health complications.
- Non-Economic Damages – These damages address physical pain, emotional distress, disfigurement, and loss of enjoyment of life caused by cancer diagnosis and treatment. The psychological trauma of facing a preventable cancer diagnosis warrants substantial compensation for mental anguish and suffering.
- Punitive Damages – Courts may award punitive damages when evidence shows Allergan acted with conscious disregard for consumer safety. Internal documents suggesting the company prioritized market share over patient welfare could justify punishment beyond compensatory damages.
Experienced attorneys understand how to quantify both visible and invisible harms to pursue maximum recovery. Each case presents unique circumstances that skilled legal representation can effectively present to achieve fair compensation.
How Schwaba Law Firm Builds Your Case
The attorneys at Schwaba Law Firm employ a comprehensive strategy to construct compelling cases for women affected by the Allergan lawsuit breast implants. Our firm’s systematic approach combines thorough investigation with aggressive advocacy at every stage:
- Case Review and Evidence Gathering – Our Allergen lawsuit attorneys collect complete medical histories, surgical records, and pathology reports documenting implant type and cancer diagnosis. Expert witnesses provide testimony linking specific implant characteristics to increased BIA-ALCL risk based on current scientific evidence.
- Filing the Claim and Managing MDL Proceedings – Our legal team handles all paperwork requirements and ensures compliance with strict federal court deadlines. Participation in coordinated discovery efforts within the MDL structure maximizes efficiency while protecting individual client interests.
- Aggressive Negotiation and Litigation – Schwaba Law Firm leverages collective bargaining power within the MDL while maintaining readiness for individual trials when necessary. Our firm’s reputation for thorough preparation and willingness to proceed to verdict strengthens settlement negotiations.
Building successful cases requires extensive resources and a deep understanding of complex medical and legal issues. Schwaba Law Firm’s dedicated team combines these elements to pursue justice for every client affected by Allergan implants.
Take Action Today By Contacting Our Allergan Lawsuit Attorneys
Time limits for filing claims continue to run, making immediate action critical for protecting your legal rights. Delaying consultation with our qualified attorneys risks losing the opportunity to pursue compensation.
Contact Schwaba Law Firm today for a free and confidential consultation to determine your eligibility for an Allergan breast implants cancer lawsuit. Our experienced legal team will review your medical history, explain your legal options, and guide you through every step of seeking justice for the harm you’ve suffered.
