Georgia · Claims for harm from Allergan implants

Claims for harm from Allergan implants in Georgia

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Filing deadline2 years from BIA-ALCL diagnosis or discovery of BIOCELL connectionO.C.G.A. § 9-3-33

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Georgia?

Georgia: 2 years from discovery (O.C.G.A. § 9-3-33) A lawyer can confirm yours.

2 years from BIA-ALCL diagnosis or discovery of BIOCELL connection

Source: O.C.G.A. § 9-3-33

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Georgia is a Tier 2 priority market. Atlanta is an emerging cosmetic surgery hub underserved by plaintiff legal content for Allergan BIOCELL claims. Georgia has a 2-year statute of limitations from discovery.

Georgia plaintiffs may join MDL 2921 in the District of New Jersey (Judge Brian R. Martinotti) or file in Georgia state court. Georgia has no statewide BIOCELL coordinated proceeding. Federal filings from Georgia originate in the Northern District of Georgia (Atlanta Division) before transfer to D.N.J. under JPML consolidation. Atlanta is a regional hub for cosmetic surgery in the Southeast, making Georgia a meaningful plaintiff state in the national BIOCELL litigation.

Georgia applies a two-year statute of limitations for personal injury under O.C.G.A. § 9-3-33. Georgia recognizes the discovery rule for latent disease, tolling the limitations period until the plaintiff discovered or reasonably should have discovered the injury — typically the BIA-ALCL diagnosis date. Georgia also has a ten-year statute of repose for product liability under O.C.G.A. § 51-1-11(b)(2), running from first sale of the product. Early BIOCELL placements (pre-2012) may face repose challenges absent tolling arguments.

Fulton County Superior Court (Atlanta) is the primary Georgia state court venue for complex product liability and mass tort cases. Gwinnett County Superior Court and DeKalb County Superior Court are alternative Atlanta metro venues. The Northern District of Georgia, Atlanta Division, before judges such as Judge Steve Jones or Judge Mark Cohen, handles federal product liability matters prior to MDL transfer. Georgia applies the Daubert standard for expert admissibility under Georgia Code Ann. § 24-7-702, enacted in 2013.

Georgia BIOCELL exposure is concentrated in metro Atlanta (Fulton, DeKalb, Cobb, Gwinnett, and Cherokee counties) and coastal Savannah. Atlanta's Buckhead neighborhood is home to a dense concentration of board-certified plastic surgery practices that performed high volumes of augmentation procedures during the BIOCELL era. Major academic programs at Emory University Hospital and Grady Memorial, as well as private practices along the Peachtree Road and Northside Drive corridors, are likely sources of implant placement records relevant to plaintiff discovery.

How this works nationally

For the overall process and updates, read the Claims for harm from Allergan implants overview. This page covers the local information available for Georgia.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Georgia? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. O.C.G.A. § 9-3-33