State litigation guide · Louisiana

Allergan Breast Implant Lawsuit in Louisiana

Time limits apply in Louisiana. Find out if you still qualify.

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Statute of limitations — Louisiana

Louisiana: 1-year prescriptive period from discovery (La. Civ. Code art. 3492) — act immediately

1 year from BIA-ALCL diagnosis or discovery of BIOCELL injury — consult attorney immediately

Filing venue

Where to File in Louisiana

Louisiana has a 1-year prescriptive period for tort (delictual) actions under La. Civ. Code art. 3492. Louisiana operates under a civil law system, unlike the other 49 states, which can create unique procedural considerations. However, the substantive harm and Allergan's conduct are the same as in other states. Louisiana BIA-ALCL claimants must act immediately upon diagnosis — the 1-year window is strict. New Orleans and Baton Rouge cosmetic surgery markets placed Allergan BIOCELL products during the 2005–2019 period. Louisiana plaintiffs file in MDL 2921 in the District of New Jersey, where the federal court applies applicable state law.

Louisiana data

Exposure in Louisiana

Louisiana's 1-year prescriptive period is among the nation's shortest — Louisiana BIA-ALCL patients must file immediately upon discovery of injury

1-year prescriptive period

Source: La. Civ. Code art. 3492

37 of the 63 BIA-ALCL-related deaths reported to the FDA were linked to Allergan BIOCELL products

37 of 63 deaths

Source: FDA Adverse Event Reporting System

FAQ

Frequently Asked Questions

12 QUESTIONS

BIA-ALCL stands for breast implant-associated anaplastic large cell lymphoma. It is a rare cancer of the immune system — specifically a T-cell lymphoma — that develops in the fluid or scar tissue capsule surrounding a breast implant, not in the breast tissue itself. The FDA has definitively established that BIA-ALCL is associated with textured breast implant surfaces, and Allergan's BIOCELL macro-textured surface in particular. As of June 2023, 1,079 of 1,264 globally reported BIA-ALCL cases (85%) involved Allergan BIOCELL implants. The FDA determined that women with Allergan BIOCELL implants face approximately a 6x higher risk of developing BIA-ALCL compared to women with implants from other manufacturers. The working hypothesis is that the BIOCELL surface's macro-texture creates a chronic inflammatory micro-environment that, over years, can trigger malignant T-cell transformation. This is why the recall targeted Allergan's BIOCELL surface specifically, not breast implants generally.

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