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Core Eligibility Criteria for an Allergan Breast Implant Claim
The primary eligibility pathway for MDL 2921 requires: (1) You received Allergan BIOCELL textured breast implants — including Natrelle 410, Natrelle Silicone and Saline Textured lines, Natrelle Inspira Textured, McGhan Textured, or BIOCELL Tissue Expanders — before July 24, 2019. (2) You were diagnosed with BIA-ALCL at any stage (IA through IV), OR you underwent explant surgery motivated by the recall, OR you are experiencing breast implant illness symptoms. The strongest claims involve BIA-ALCL diagnoses, but all three pathways have been accepted in MDL 2921.
Can I File If My Implants Were Already Removed?
Yes. Implant removal does not disqualify you from filing a claim. Many MDL 2921 plaintiffs had their implants removed before, during, or after their BIA-ALCL diagnosis. If you had a BIA-ALCL diagnosis and subsequently had your implants removed as part of treatment, your claim is based on the cancer diagnosis and treatment. If you had implants removed due to the recall without a cancer diagnosis, your claim is based on surgery costs, distress, and any complications. If you had BIOCELL tissue expanders that were later exchanged for smooth implants, the period of BIOCELL exposure may still support a claim.
Special Eligibility Considerations
Women who received BIOCELL implants or tissue expanders as part of post-mastectomy breast cancer reconstruction are fully eligible and represent a particularly compelling plaintiff class. Women who received BIOCELL implants outside the United States through a U.S.-trained or U.S.-licensed surgeon may have eligibility depending on where the surgery occurred and applicable jurisdiction. Women who have not yet been diagnosed with BIA-ALCL but have BIOCELL implants in place should consult an attorney now to understand their statute of limitations position before a possible future diagnosis. Early consultation preserves your options regardless of current health status.
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