412 F.Supp.3d 1361 (Jud.Pan.Mult.Lit. 2019), MDL 2921, In re Allergan BIOCELL Textured Breast Implant Products Litigation

• Docket Nº: MDL No. 2921
• Citation: 412 F.Supp.3d 1361
• Opinion Judge: KAREN K. CALDWELL, Chair
• Party Name: IN RE: ALLERGAN BIOCELL TEXTURED BREAST IMPLANT PRODUCTS LIABILITY LITIGATION
• Judge Panel: Before KAREN K. CALDWELL Chair, ELLEN SEGAL HUVELLE, R. DAVID PROCTOR, CATHERINE D. PERRY, NATHANIEL M. GORTON, MATTHEW F. KENNELLY, DAVID C. NORTON, Judges of the Panel.
• Case Date: December 18, 2019
• Court: United States Judicial Panel on Multidistrict Litigation

Page 1361

412 F.Supp.3d 1361 (Jud.Pan.Mult.Lit. 2019)

IN RE: ALLERGAN BIOCELL TEXTURED BREAST IMPLANT PRODUCTS LIABILITY LITIGATION

MDL No. 2921

United States Judicial Panel on Multidistrict Litigation

December 18, 2019

Page 1362

Before KAREN K. CALDWELL Chair, ELLEN SEGAL HUVELLE, R. DAVID PROCTOR, CATHERINE D. PERRY, NATHANIEL M. GORTON, MATTHEW F. KENNELLY, DAVID C. NORTON, Judges of the Panel.

TRANSFER ORDER

KAREN K. CALDWELL, Chair

Before the Panel:

Plaintiffs in two actions move under 28 U.S.C. § 1407 to centralize this litigation in the Central District of California or, alternatively, the Middle District of Tennessee. This litigation currently consists of four actions pending in four districts, as listed on Schedule A.¹ Since the filing of the motion, the Panel has been notified of 25 related federal actions.²

All responding parties support or do not oppose centralization, but disagree on the transferee district. The Allergan defendants³ request centralization in the District of New Jersey. Responding plaintiffs variously propose the Central District of California, the Southern District of New York, the Southern District of Florida, and the District of Kansas.

On the basis of the papers filed and the hearing session held, we find that these actions involve common questions of fact, and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions arise out of Allergan’s announcement on July 24, 2019, of a voluntary worldwide recall of its BIOCELL textured breast implants and tissue expanders. The announcement followed the U.S. Food and Drug Administration’s request to initiate the recall based on the risk of breast-implant associated anaplastic large cell lymphoma (BIA-ALCL) associated with the products.⁴ All actions share complex factual questions arising from the allegation that Allergans BIOCELL textured breast implants and tissue expanders significantly increase the risk of developing BIA-ALCL, and that Allergan failed to warn the FDA, patients, and healthcare providers of this risk. The common factual questions include: (1) whether...