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Statute of Limitations
Texas: 2 years from discovery of injury (Tex. Civ. Prac. & Rem. Code § 16.003)
2 years from BIA-ALCL diagnosis or discovery of BIOCELL connection
Where to File in Texas
Texas plaintiffs may join MDL 2921 in the District of New Jersey before Judge Brian R. Martinotti, or file in Texas state court. Texas has no mass tort BIOCELL coordinated proceeding at the state level as of early 2026; MDL 2921 remains the primary consolidated forum. Federal claims in Texas would ordinarily arise in the Northern District of Texas (Dallas Division) or Southern District of Texas (Houston Division) before transfer to the MDL under JPML procedures.
Texas applies a two-year statute of limitations for personal injury claims under Tex. Civ. Prac. & Rem. Code § 16.003. The discovery rule applies to latent disease claims such as BIA-ALCL, tolling the limitations period until the plaintiff knew or should have known of the injury and the defendant's role. Texas courts have applied the discovery rule to medical device injury claims, though the Texas Supreme Court's formulation is narrower than California's — plaintiffs should document when they first received a BIA-ALCL diagnosis.
Texas state court filings would primarily land in Dallas County District Court (162nd, 191st, or 192nd Judicial Districts for complex civil), Harris County District Court (Houston, 11th or 55th Civil District Courts), or Bexar County District Court (San Antonio). The Northern District of Texas, Dallas Division, Judge Brantley Starr or Judge Ada Brown, would handle pre-transfer federal proceedings. Texas courts apply Daubert under Rule 702 for expert admissibility, consistent with federal standards.
Texas exposure is concentrated in Houston (Harris County), Dallas–Fort Worth Metroplex, San Antonio, and Austin. Texas ranks among the top five states for cosmetic breast augmentation procedures by volume. A notable subset of Texas cases involves patients treated at large multi-location plastic surgery practices and academic medical centers (UT Southwestern, Houston Methodist, Baylor St. Luke's) where BIOCELL implants were favored for primary and revision augmentation during the 2005–2019 recall period.
Exposure in Texas
Source: MD Anderson Cancer Center — BIA-ALCL Staging System
Source: FDA MAUDE Adverse Event Database, June 2023