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Case guide

Implant claim deadlines: use your own dates and law

A recall date is not everyone’s time limit to sue. Bring your device and care dates to a lawyer.

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Updated Oct 4, 202613 sources

This may apply to you if

  • Bring the implant brand, model and operation dates, if known.
  • Bring records of a BIA-ALCL diagnosis or other health concerns for an individual check.
  • Explain prior implant removal or replacement without assuming it decides your legal claim.

What the public record says

These are cited sources. Their inclusion does not imply that they endorse People’s Justice or reviewed this page.

U.S. Food and Drug Administration · Federal medical-device safety agency

Finding: FDA requested the BIOCELL recall because of BIA-ALCL risk. It did not recommend routine removal in patients without symptoms because of surgical risks.

FDA recall request, July 24, 2019 (opens in a new tab) · Jul 24, 2019 · Checked Oct 3, 2026

Leda Dunn Wettre · United States District Court for the District of New Jersey · United States Magistrate Judge

Finding: The July 14, 2026 order set pretrial deadlines for the Henson and Rabin cases. It did not set an individual award.

Case Management Order 42 (opens in a new tab) · Jul 14, 2026 · Checked Oct 3, 2026

The evidence and its limits

U.S. Food and Drug Administration · 2019

FDA BIOCELL recall safety review

Design:
Agency review
Participants:
Review of safety reports, registry data and literature; not one enrolled patient trial.
Finding:
FDA requested recall of certain Allergan BIOCELL textured devices because of BIA-ALCL risk.
Main limitation
The recall does not decide an individual claim or mean all patients should have implants removed.

Read the source: FDA BIOCELL recall safety review (opens in a new tab) · Checked Oct 3, 2026

The short answer

Does the recall set one deadline for everyone?
No personal filing date follows from the recall. It is a safety notice. The law and type of claim need a separate check. [1]
Does the court schedule extend my filing time?
The listed order sets pretrial work for named cases. It does not give all new people more time to sue. Ask about your own proposed claim. [7]
Which dates should I bring to counsel?
Keep the implant date, first changes and diagnosis date. Mark uncertain dates as uncertain. Ask which events matter under the actual law. [2]
What if I had surgery in another place?
Explain each relevant location to the lawyer. The law and claim need research. One court’s name does not select every person’s filing rule. [13]

What rules a case out

Not covered by this case

  • A recalled model alone does not establish a legal claim.
  • Symptoms need a clinical assessment; no award or personal filing date is promised.

The process

What happens next

  1. 01

    You answer a few questions

    About two minutes. Nothing is sent until you agree on the last step and press submit.

  2. 02

    A lawyer looks at it

    A lawyer at the firm reads your answers and checks them against the current case criteria.

  3. 03

    The firm decides and gets in touch

    If the firm takes your case, you get the terms in writing to read before you sign. You can always say no.

A recall date is not everyone’s time limit to sue. Bring your device and care dates to a lawyer. Ask which law applies to you.

Does the recall set one deadline for everyone?

No personal filing date follows from the recall. It is a safety notice. The law and type of claim need a separate check.

Give the lawyer the surgery, symptom and diagnosis dates you can confirm. Keep the notice date separate. Do not assume a device was implanted on the date its manufacturer announced a recall.

Does the court schedule extend my filing time?

The listed order sets pretrial work for named cases. It does not give all new people more time to sue. Ask about your own proposed claim.

The July 2026 schedule concerns Henson and Rabin. A deadline for lawyers’ trial preparation is different from a rule for beginning a lawsuit. This page does not promise that the clock has paused.

Which dates should I bring to counsel?

Keep the implant date, first changes and diagnosis date. Mark uncertain dates as uncertain. Ask which events matter under the actual law.

Surgery notes and care reports can help show the sequence. Obtain records through the covered provider where appropriate. Do not move a date to fit a claim form or calculate a limit from memory alone.

What if I had surgery in another place?

Explain each relevant location to the lawyer. The law and claim need research. One court’s name does not select every person’s filing rule.

Include where an earlier case was filed, if any. Ask whether laws from more than one place need review. This page does not supply state-by-state periods or resolve which law governs your situation.

What if an implant was removed years ago?

Tell the lawyer about removal and later findings. An old surgery does not settle the time limit. Ask for a check of the full history.

Keep the removal note and any pathology report alongside the placement record. Explain whether the diagnosis changed later. A website cannot decide whether a rule about learning of harm, pausing the clock or another time limit applies.

How can I prepare for the time-limit discussion?

Ask what deadline the lawyer identified and why. Ask which next action is needed. Keep that answer with the records used for the review.

If a firm already represents you, ask it about the new notice first. Confirm the scope and costs of any additional work. Do not treat a first inquiry as proof that a lawsuit has been filed.

Find out where you stand.

The review is free and private. Asking for it doesn’t commit you to anything.

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Sources

  1. FDA recall request, July 24, 2019FDA recall request, July 24, 2019 · regulator
  2. FDA BIA-ALCL questions and answersFDA BIA-ALCL questions and answers · regulator
  3. FDA SCC safety communicationFDA SCC safety communication · regulator
  4. FDA BIA-ALCL medical device reportsFDA BIA-ALCL medical device reports · regulator
  5. Allergan recall announcement posted by FDAAllergan recall announcement posted by FDA · regulator
  6. District of New Jersey Allergan MDL homeDistrict of New Jersey Allergan MDL home · court
  7. Case Management Order 42Case Management Order 42 · court
  8. Case Management Order 43Case Management Order 43 · court
  9. FDA breast implant risks and complicationsFDA breast implant risks and complications · regulator
  10. FDA what to know about breast implantsFDA what to know about breast implants · regulator
  11. ABA Model Rule 1.5: FeesABA Model Rule 1.5: Fees
  12. HHS your medical recordsHHS your medical records · regulator
  13. SDNY how long do I have to file?SDNY how long do I have to file? · court

Checked against 13 primary sources by People's Justice editors · Updated

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