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Statute of Limitations
Virginia: 2 years from discovery (Va. Code Ann. § 8.01-243)
2 years from BIA-ALCL diagnosis or discovery of BIOCELL connection
Where to File in Virginia
Virginia has a 2-year personal injury statute under Va. Code Ann. § 8.01-243 with the discovery rule. Virginia plaintiffs file in MDL 2921 in the District of New Jersey. Northern Virginia (McLean, Tysons, Arlington, Alexandria) and Richmond cosmetic surgery markets placed Allergan BIOCELL products during the 2005–2019 period. Virginia Beach and Norfolk also have active plastic surgery markets. BIA-ALCL diagnoses in Virginia from 2024 onward are within the 2-year limitations window. Virginia's proximity to New Jersey makes participation in MDL 2921 proceedings efficient.
Exposure in Virginia
Source: FDA MAUDE Database
Source: FDA Safety Communication, July 24, 2019