Strict Liability, Warning Claims Proceed in N.J. Allergan Biocell Breast Implant Litigation



DOCUMENTS
  • Opinion


HACKENSACK, N.J. — The judge overseeing the New Jersey Allergan Biocell breast implant multicounty litigation has refused to dismiss claims of strict liability and negligent failure to warn that are based upon allegations that the company did not disclose to the FDA the risk of cancer posed by the implants.

However, in the May 4 opinion, Judge Rachelle L. Harz of the Bergen County (N.J.) Superior Court dismissed the claims based upon Allergan’s alleged failure to update the implants’ warnings via the federal permissive Changes Being Effected process, finding a state duty mandating the process is “different from, or in …






UPCOMING CONFERENCES




HarrisMartin's Camp Lejeune Litigation Conference: Navigating the Complexities - Where Do We Go From Here?

December 08, 2022 - New York, NY
InterContinental® New York Times Square

MORE DETAILS



HarrisMartin's MDL Conference: Navigating Current Mass Tort Litigation

November 30, 2022 - New York, NY
The Knickerbocker

MORE DETAILS