Allergan Can't Escape NJ Defective Breast Implant Claims

By Mike Curley (May 5, 2021, 7:15 PM EDT) -- A New Jersey state judge won't let Allergan Inc. escape multicounty litigation by patients alleging its Biocell breast implants were defective and caused them to develop a type of non-Hodgkin's lymphoma, finding several claims are not preempted by federal regulation.

Judge Rachelle L. Harz on Tuesday denied in part Allergan's motion to dismiss on preemption grounds a master long-form complaint filed in the litigation, finding that while some variants of the implant and a tissue expander are protected by preemption under the U.S. Food Drug and Cosmetic Act, other claims are based on parallel state law requirements.

In the MCL, the...

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