A woman rests in a hospital gown and bed.

Allergan Breast Implant Lawsuits Survive Motion to Dismiss, Cases Will Proceed

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.