Mass. Federal Lawsuit Targeting Allergan’s Soft Tissue Implant Survives Dismissal Motion

BOSTON — A Massachusetts federal judge has refused to dismiss a lawsuit accusing Allergan and another manufacturer of failing to warn that their soft tissue implant could harden and cause injuries when used during breast reconstruction surgery.

In a Feb. 3 order, Judge Nathaniel Gorton of the U.S. District Court for the District of Massachusetts found the plaintiff adequately alleged that her surgeon was not apprised of the device’s risks; therefore, the claims are not barred by the learned intermediary doctrine.

Florida resident Gianna Krstic underwent bilateral breast reconstruction surgery in July 2014 during which her plastic surgeon, a …