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

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 …