North Carolina · Claims for harm from Allergan implants
Claims for harm from Allergan implants in North Carolina
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| Filing deadline | 3 years from BIA-ALCL diagnosis or discovery of BIOCELL connectionN.C. Gen. Stat. § 1-52(16) |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in North Carolina?
North Carolina: 3 years from discovery (N.C. Gen. Stat. § 1-52(16)) A lawyer can confirm yours.
Source: N.C. Gen. Stat. § 1-52(16)
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.

02 · Where cases are heard
Where would my case be heard?
North Carolina is a Tier 3 priority market with a growing cosmetic surgery market in Charlotte and Raleigh. North Carolina has a 3-year statute of limitations from discovery. North Carolina plaintiffs file in MDL 2921 in New Jersey.
North Carolina plaintiffs may join MDL 2921 in the District of New Jersey (Judge Brian R. Martinotti) or file in North Carolina state court. North Carolina has no BIOCELL-specific coordinated state proceeding. Federal filings from North Carolina originate in the Middle District of North Carolina (Greensboro), Eastern District (Raleigh), or Western District (Charlotte) before transfer to D.N.J. North Carolina is a growing plaintiff state in BIOCELL litigation, driven by Charlotte and the Research Triangle's cosmetic surgery markets.
North Carolina applies a three-year statute of limitations for personal injury under N.C. Gen. Stat. § 1-52(16). The discovery rule applies: the limitations period runs from when the plaintiff discovered or should have discovered the injury. North Carolina also has a six-year statute of repose for products liability under N.C. Gen. Stat. § 1-50(a)(6), running from the date of last purchase of the product. This repose period is shorter than many other states and is a priority filing consideration for plaintiffs with pre-2020 implant dates.
Mecklenburg County Superior Court (Charlotte) and Wake County Superior Court (Raleigh) are the primary North Carolina state court venues for complex product liability. The Business Court (North Carolina's specialized complex business litigation court) may have concurrent jurisdiction over corporate defendant claims. In federal court, the Middle District of North Carolina (Greensboro) and Western District (Charlotte, Judge Kenneth Bell) handle complex civil matters. North Carolina follows the Daubert standard under Rule 702 of the North Carolina Rules of Evidence.
North Carolina BIOCELL exposure is concentrated in Charlotte (Mecklenburg County), the Raleigh–Durham Research Triangle (Wake, Durham, Orange counties), and the Triad (Greensboro, Winston-Salem). Charlotte's SouthPark and Ballantyne corridors host a significant concentration of plastic surgery practices with high augmentation volume during the BIOCELL era. Academic programs at Duke University Health System, UNC Health, and Wake Forest Baptist Medical Center are potential implant placement sites. The state's growing affluent suburban population drove cosmetic surgery demand throughout the 2005–2019 period.
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 North Carolina.
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 North Carolina? 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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- N.C. Gen. Stat. § 1-52(16)