Major Developments in the Allergan Lawsuit Litigation

Following a request from the Food and Drug Administration (FDA), in July 2019, Allergan initiated a breast implant recall of its textured breast implants and tissue expanders. This recall was issued due to the increased risk that Allergan’s textured implants cause BIA-ALCL (Breast Implant Associated Anaplastic Large Cell Lymphoma). Do you qualify to file an Allergan Lawsuit?

A few months later, in December 2019, a Multi-District Litigation (MDL) was formed in New Jersey and is being overseen by Judge Brian Martinotti.

The Allergan implant recall MDL is a consolidation of all federally filed Allergan cases involving those Allergan implantees who have either been diagnosed with BIA-ALCL and/or had their Allergan implants removed out of fear of developing BIA-ALCL.

What is an MDL?

The Allergan MDL should not be confused with a class action lawsuit. These cases are NOT part of a class action but are separate individual claims for personal injuries.

This consolidation strategy allows these matters to be litigated more efficiently, as costs can be spread across all of the litigants, rather than having individuals shoulder the burdens of litigation independently.

Unlike a class action where the settlement or verdict is split among the members of the class, a settlement or verdict in the Allergan litigation will be individual, based on the facts and circumstances of each plaintiff’s case.

Despite having been formed in 2019, the Allergan MDL is moving incredibly slow; none of the cases have gone to trial and, until recently, no trial dates have been definitively scheduled.

Furthermore, Judge Martinotti has ordered a stay for all non-bellwether cases pending in the MDL. In other words, no work can be done in any non-bellwether case until Judge Martinotti has lifted the stay.

What is a Bellwether Case/Trial?

Federal courts have many tools at their disposal to help resolve mass tort litigations, like the Allergan MDL. One of these tools is known as a ‘bellwether trial.

When a judge elects to use bellwether trials, the judge and the parties generally select a small sample of representative cases that will be fully prepared and tried to a jury.

These selected cases, known as ‘bellwether cases, are typically representative of issues that will arise in every injured person’s case. The goal of the bellwether process is to give all interested parties a good indication of what is likely to happen in future trials and to advance the overall litigation towards resolution.

The first few jury verdicts during the bellwether process provide the judge and parties with enough information to determine whether cases should be settled, and if so, what a reasonable dollar range for such settlements might be.

Plaintiffs not chosen as bellwether cases, while not necessarily involved in the day-to-day aspects of the bellwether process, the work of the attorneys and judge applies to all cases in the litigation, not just those selected as bellwether cases.

Judge Martinotti also employed a bellwether process in the Allergan MDL.

As such, a group of 32 cases (16 cases picked by Plaintiffs and 16 cases picked by Allergan) have been selected as the initial Allergan bellwether cases.

Following their selection, the 32 bellwether cases began what is called the core discovery phase (an exchange of information and documents via written requests and depositions).

The deadline to complete discovery in the bellwether cases was set for January 31, 2025.

What is the Current Status of the Allergan Litigation

After many long years, there seems to be significant movement in the Allergan litigation. The first subset of cases to go to trial will be the non-cancer cases.

In other words, cases where the plaintiffs had their Allergan implants removed out of fear of developing BIA-ALCL, also referred to as “surgical explant cases”.

The first surgical explant trial is scheduled for June 15, 2026. It has not yet been decided if this will be a multi- or single-plaintiff trial. This issue should be decided by the Court following the November 11, 2025, Case Management Conference.

On July 21, 2025, the parties selected the 12 surgical explant cases (8 plaintiff-picked and 4 Allergan-picked) to be prepared for trial.

In the meantime, the parties have been directed to continue working in good faith with each other to attempt to resolve all claims in this litigation.

Plaintiffs’ Settlement Committee and Allergan are directed to be fully prepared to participate in good faith, in-person mediation sessions scheduled before Judge Welsh on October 7 and October 10, 2025.

What are the signs of BIA-ALCL?

Cancer development with implants is a genuine concern for many women and deserves attention. BIA-ALCL is not breast cancer.

BIA-ALCL is a rare form of non-Hodgkin’s lymphoma, which is distinguishable from breast cancer as it develops in the scar tissue that surrounds the implant, not in the actual tissue of the breast, as is seen with breast cancer.

However, BIA-ALCL does have the ability to metastasize (spread) and can lead to death. Therefore, it is essential to identify the early signs of this condition to ensure quick and effective treatment.

Some of the symptoms to watch out for include:

–      persistent swelling

–      the presence of a mass/lump in the breast or armpit

–      pain around the breast implant.

BIA-ALCL symptoms may occur years after implant placement, so it is crucial to keep monitoring yourself.

Stay vigilant and don’t hesitate to seek medical advice if you spot any of the symptoms mentioned above. Early diagnosis always means a better chance of successful treatment.

If you have had surgery (or are about to have surgery) to remove your textured breast implants and/or tissue expanders out of fear of developing BIA-ALCL, or if you have already been diagnosed with BIA-ALCL, it is important to contact The Yost Legal Group.

Our team will talk with you about the importance of filing an Allergan implant lawsuit and preserving your legal rights.

Allergan Textured Breast Implants and BIA-ALCL: File a Lawsuit and Pursue Compensation

The Yost Legal Group is dedicated to fighting for the rights of women. Did you suffer from BIA-ALCL due to Allergan-textured breast implants? The Allergan breast implant recall is due to the risk of developing BIA-ALCL.

Our team of experienced product liability attorneys will work tirelessly to hold Allergan accountable for its negligence. We will work to ensure you receive the justice and compensation you deserve. We can file an Allergan Breast Implant Lawsuit on your behalf.

When filing an Allergan Lawsuit, the Allergan implants compensation for will vary from case to case. Variables could depend on whether you removed the implants or the type of implants.

Contact The Yost Legal Group at 1-800-967-8529 for a free consultation with a caring and understanding Allergan breast implant attorney.

Have You Been Diagnosed with Large Cell Anaplastic Lymphoma?

One of our product liability lawyers will provide you with vital information to help you through this difficult time. We’re here to help you understand your rights and seek justice!

We handle these cases on a no-recovery, no-fee basis. We accept your case on a contingency basis. Which means you do not pay a fee or expense unless you recover.

We do not charge any fees upfront, and we only get paid after we successfully settle your claim. You never have to worry about paying legal fees while we represent you.

All attorneys’ fees and costs are paid when we settle your case. If there is no recovery, there are no legal fees.

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