Claims for harm from Allergan implants in Michigan

Michigan plaintiffs may join MDL 2921 in the District of New Jersey (Judge Brian R. Martinotti) or file in Michigan state court. Michigan has no BIOCELL-specific coordinated state proceeding. Federal filings from Michigan originate in the Eastern District of Michigan (Detroit Division) or Western District (Grand Rapids) before JPML transfer to D.N.J. Michigan is a mid-tier plaintiff state in MDL 2921, with exposure concentrated in the Detroit metro and Southeast Michigan.

Michigan applies a three-year statute of limitations for personal injury under MCL § 600.5805(2). Michigan has no general discovery rule: a claim accrues when the wrong is done, regardless of when damage results, unless a statute provides otherwise (MCL 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich. 378 (2007)). Products liability actions also have 3 years (MCL § 600.5805(12)). Michigan's statutes do not include a general products liability statute of repose for personal injury claims.

Wayne County Circuit Court (Detroit) and Oakland County Circuit Court (Pontiac) are the primary Michigan state court venues for complex product liability. The Eastern District of Michigan, Southern Division (Detroit) before judges such as Judge Laurie Michelson or Judge David Lawson handles complex federal civil matters prior to MDL transfer. Michigan applies the Daubert standard for expert admissibility under MRE 702, as amended to conform with federal practice. The Eastern District of Michigan has substantial experience with pharmaceutical and medical device litigation from prior MDL proceedings.

Michigan BIOCELL exposure is concentrated in Southeast Michigan — Oakland County (Birmingham, Bloomfield Hills, Troy), Washtenaw County (Ann Arbor), and Wayne County (Detroit suburbs). Oakland County's affluent communities drove high cosmetic surgery utilization during the BIOCELL era, and the corridor of plastic surgery practices along Telegraph Road and Woodward Avenue in Oakland County is a key geographic focus for plaintiff record gathering. Academic programs at University of Michigan Health (Ann Arbor), Henry Ford Health, and Beaumont Health (now Corewell) are potential implant placement sites.