Case Updates: Since Defendants’ motion to dismiss was partially denied, the parties have engaged in extensive discovery exchanges and disputes, involving the exchange of millions of documents.
On October 25, 2022, Special Master Judge Dickson (Ret.) issued an order requiring Allergan to continue producing relevant documents according to the terms of the parties’ agreement regarding Electronically Stored Information, or electronic files.
On July 19, 2023, Special Master Judge Dickson (Ret.) issued two additional discovery orders commanding Allergan to produce documents from 75 individuals identified as significant to the case and instructing Allergan to continue reviewing and producing important custodial files in their entirety.
On January 22, 2024, the Court set an important scheduling order for the case, ordering that Bellwether trial selections must be made by June 1, 2024. This means that the parties will jointly select 32 representative personal injury cases to proceed through directed discovery.
The Court also commanded Allergan to complete the production of outstanding relevant documents by June 30, 2024.
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On February 25, 2020, Beth Fegan was named co-lead counsel for plaintiffs in a multi-district litigation (MDL) filed against Allergan, the manufacturers of BIOCELL textured and “gummy” breast implants. The MDL is currently pending in the United States District Court for the District of New Jersey and includes both personal injury and class action plaintiffs. Plaintiffs filed a nationwide, consolidated class action complaint in May 2020.
Plaintiffs allege that Allergan’s BIOCELL implants, recalled by the FDA on July 24, 2019, cause breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a serious cancer, and that every implant recipient is at risk of developing the disease. Despite the FDA’s recall, Allergan refuses to reimburse patients for the true cost of implant removal or to provide them with medical monitoring or diagnostic medical care. Plaintiffs also claim that for years, Allergan possessed information and evidence demonstrating that its recalled BIOCELL implants posed a significant risk of (and caused) BIA-ALCL, but concealed that information from patients.
Following an emergency motion filed by FeganScott, on July 14, 2020 the Court found that Allergan’s communications with BIOCELL implant patients were incomplete and misleading, and ordered Allergan to correct them. In doing so, the Court reiterated the patients’ need for the information and time necessary to make educated, meaningful choices about their legal rights.
The class action suit seeks to represent all U.S. consumers who, for personal use, implanted Allergan’s BIOCELL products that have been recalled by the FDA and who have not been diagnosed with breast implant-associated anaplastic large cell lymphoma.
On March 19, 2021 the Court largely denied Allergan’s motion to strike/dismiss Plaintiffs’ class claims, and the case is now in active discovery.