Allergan Breast Implant Lawsuits Will Proceed, Court Rules

April 3, 2026

The Tennessee medical device injury law firm David Randolph Smith & Associates is pleased to announce that the Allergan breast implant lawsuits have survived a motion to dismiss in federal court. This means that the BIA-ALCL lawsuits will proceed to discovery, an information-gathering phase of litigation.

 

 

Nashville products liability lawyer David Randolph Smith is a member of the plaintiffs’ steering committee for the Allergan lawsuits. Mr. Smith has played a significant role in advancing this litigation, including, most notably, providing key insight into a theory that the Allergan breast implants are negligently manufactured.

 

 

Mr. Smith’s complaint against Allergan on behalf of Mr. Calvin Parr, whose wife tragically died from BIA-ALCL, was the subject of a feature article in Fortune magazine.

 

 

In a lengthy opinion rejecting most of Allergan’s arguments, the Judge in the Allergan BIOCELL Textured Breast Implant Products Liability Litigation, No. 2:19-md-02921, MDL No. 2921 (D.N.J.) explicitly held that claims that Allergan negligently manufactured its implants is not preempted by federal law. This is a major victory for women potentially injured by Allergan BIOCELL textured implants.

 

 

If you or a loved one has been injured by Allergan textured breast implants, contact the Tennessee BIA-ALCL attorneys and personal injury lawyers at  David Randolph Smith & Associates  right away.

 

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October 19, 2026
On 10/20/10 the Tennessee Supreme Court reinstated a jury verdict obtained by David Randolph Smith & Associates for the widow of a Tennessee Army National Guard sergeant who died in 2000. The jury had awarded $7.2 million in the Tennessee wrongful death lawsuit against River Park Hospital of McMinnville. The Tennessee Supreme Court’s reinstatement of the verdict resulted in a total award, with interest, of $10.7 million. Warren County court officials said the multimillion-dollar judgment was the largest amount awarded by a jury in county history at the time of its award.A copy of the opinion is available here.
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October 19, 2026
Settlement in significant wrongful death case filed in Overton County, Tennessee in a mediation held in Nashville, Tennessee on July 25, 2005. The case involved the failure to treat and diagnose group b strep in a pregnant mother whose child was brain damaged and ultimately died from sepsis stemming from exposure to the group b strep during labor. The terms of the settlement are confidential.The firm is currently handling another group b strep medical malpractice case in state court in Tupelo, Mississippi.