Florida Patients File Class-Action Lawsuit Against Allergan, Inc. for Biocell® Implant Recall
Breast implant

Florida Patients File Class-Action Lawsuit Against Allergan, Inc. for Biocell® Implant Recall

Grossman Roth Yaffa Cohen, leading high-stakes trial attorneys specializing in medical malpractice, personal injury, and products liability, has partnered with Colson Hicks Eidson, nationally recognized class action and personal injury attorneys, to represent patients against Allergan, Inc. for the harm its BIOCELL® implants have caused.

Allergan, Inc. is a global pharmaceutical company focused on developing, manufacturing, and commercializing branded pharmaceutical products.

The class-action lawsuit follows Allergan, Inc.’s worldwide recall of the BIOCELL® implants. The voluntary recall came after the U.S. Food & Drug Administration (FDA) called for the action following new information that BIOCELL® implants were tied to a serious form of anaplastic large-cell lymphoma, known as BIA-ALCL. This is a type of non-Hodgkin’s lymphoma.

Many of the women who underwent surgery utilizing the Allergan BIOCELL implants are breast cancer survivors who had breast reconstruction surgery following double mastectomies. Removal of the implant altogether is the recommendation from both Allergan, Inc. and the medical community, which is an emotionally, physically, and financially taxing process on patients.

“As a worldwide pharmaceutical company, Allergan needs to be held accountable for the harm and tremendous grief its implants have caused. Patients have an absolute right to feel safe when using a product, especially if it’s a medical device or product used inside the human body,” said Neal Roth, co-counsel for the plaintiffs and co-founder of Grossman Roth Yaffa Cohen.

“For over 30 years, our firm has advocated for patients harmed or catastrophically injured due to negligence from large corporations, and we’re confident our knowledge paired with Colson Hicks Eidson’s expertise will result in a successful result for our clients.”

“We’re honored to represent these patients in their lawsuit to force large pharmaceutical companies to implement stricter safety standards and procedures during the development of new products and after the products are placed on the market in order to eliminate or minimize potential dangerous side effects to their use,” said Lewis S. Mike Eidson, co-counsel for the plaintiffs and named partner at Colson Hicks Eidson.

“In this case, the defendants not only manufactured a dangerously defective product that could cause lymphoma, but they also failed to study and fulfill their continuing duty to  report the catastrophic adverse consequences of their products’ use so that the product would be removed from the market in a timely manner and so that our clients and other women like them could take steps to protect themselves.”

The patients currently represented by Grossman Roth Yaffa Cohen and Colson Hicks Eidson have either already removed the implants, are in the midst of scheduling their removal, or are in need of medical monitoring. These patients have not developed lymphoma at this time.

While an individual’s risk of BIA-ALCL is considered low, this cancer is serious and can lead to death, especially if treatment isn’t sought immediately. In addition, the procedure to diagnose BIA-ALCL is invasive.

The FDA stated that the risk of developing this type of lymphoma is about six times higher if an Allergan BIOCELL implant was used. Within the span of several months—from early 2019 to July 2019—reports have skyrocketed, with 116 new cases developed and 24 deaths nationwide.

If you or someone you know are a potential victim of the Allergan BIOCELL implant and would like to join this lawsuit, please call (866) 629-1061 or fill out the case inquiry form.

About Grossman Roth Yaffa Cohen

Grossman Roth Yaffa Cohen is a team of award-winning trial attorneys who are devoted to helping individuals and businesses damaged by other’s negligence or misconduct seek the justice to which they are entitled. From its four offices throughout Florida, the firm is focused on the catastrophically injured and high-stakes litigation in state and federal courts in Florida and around the nation covering multiple areas of trial law, including medical malpractice, product liability, personal injury, wrongful death, and complex litigation cases.

For nearly 30 years, Grossman Roth Yaffa Cohen has achieved a record of jury verdicts and settlements for its clients totaling more than one billion dollars and has been recognized with multiple national and regional awards, such as the LawDragon 500 Leading Attorneys in America, the Perry Nichols Award, Florida Trend’s Legal Elite and Top Attorneys in Florida. 

About Colson Hicks Eidson

The Law Firm of Colson Hicks Eidson is a trial firm with more than 50 years of experience handling local, national and international litigation, and arbitration. Members of the firm have been involved in some of the country’s most high-profile and landmark cases resulting in impactful and precedential rulings. A mid-size firm with a diverse staff comprised of more than 50 percent women and minorities, Colson Hicks Eidson prides itself on a track record of developing future leaders within the legal profession and its civic and community involvement.

Members of the firm have held notable positions serving on the boards of prominent institutions, such as the State University System of Florida and the Florida State Board of Education, and holding high-ranking offices, including President of the 60,000-member American Association for Justice; President of the International Academy of Trial Lawyers; President of the Dade County Bar Association; President of the Miami-Dade Florida Association of Women Lawyers; United States Attorney for the Southern District of Florida; and Chairman of the Florida Federal Judicial Nominating Commission.


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