Why the Discovery Rule Matters for Allergan Claims
In medical device cases, the discovery rule typically governs when the statute of limitations begins to run. The clock starts not when the implant was placed, and not automatically when the recall was announced, but when the claimant knew or reasonably should have known that their Allergan BIOCELL implants caused their injury. For BIA-ALCL claimants, this generally means the statute begins at the date of diagnosis. For recall-related explant claims without a BIA-ALCL diagnosis, the July 24, 2019 recall date is often cited as the earliest notice date — meaning a 2-year statute expired July 2021 and a 3-year statute expired July 2022 for those earliest claims. BIA-ALCL diagnoses from 2022 onward are almost universally within the applicable limitations period in all states.
State-by-State Filing Deadlines — Key States
California: 2 years from discovery of injury (CCP § 335.1). Texas: 2 years from discovery (Tex. Civ. Prac. & Rem. Code § 16.003). Florida: 2 years from discovery (§ 95.11(3)(a)), extended to 4 years for product liability under § 95.11(3)(e) in some circumstances. New York: 3 years from discovery for personal injury (CPLR § 214). New Jersey: 2 years from accrual — MDL 2921 is in New Jersey, and New Jersey law applies the discovery rule (N.J.S.A. 2A:14-2). Illinois: 2 years from discovery (735 ILCS 5/13-202). Pennsylvania: 2 years from discovery (42 Pa. C.S. § 5524). Georgia: 2 years from discovery (O.C.G.A. § 9-3-33). Arizona: 2 years from discovery (A.R.S. § 12-542). Ohio: 2 years from discovery (ORC § 2305.10). Note: These are general parameters. Tolling provisions, minority status, mental incapacity, and MDL enrollment agreements can extend deadlines. Do not rely on this table without attorney consultation for your specific situation.
MDL 2921 Tolling — Important Limitations
Plaintiffs' leadership in MDL 2921 has negotiated tolling agreements with Allergan/AbbVie that preserved the claims of enrolled plaintiffs during certain periods. However, tolling agreements are not automatic — they require enrollment and compliance with specific requirements. New claimants consulting an attorney in 2026 cannot assume their claims are tolled. If you have a BIA-ALCL diagnosis from 2022 or later, you are almost certainly within the standard statute of limitations regardless of tolling. If you have a 2020 or 2021 diagnosis, or an explant-only claim predating 2022, consult an attorney immediately — tolling and discovery rule analysis may be critical to preserving your claim. The October 2026 bellwether trial timeline makes prompt filing especially valuable for positioning within the MDL settlement process.
Frequently Asked Questions
Related Pages
BIA-ALCL is not breast cancer — it is a T-cell lymphoma of the immune system that develops in the fluid or capsule surrounding Allergan BIOCELL textured implants. It is often curable when caught early, but advanced stages require chemotherapy and carry serious health consequences.
Learn moreBIA-ALCL staging — from Stage IA (confined to seroma fluid) through Stage IV (distant metastases) — is the single most important factor in determining the value of an Allergan breast implant lawsuit. Early-stage cases are curable; advanced stages require chemotherapy and carry worse prognosis and significantly higher compensation.
Learn moreThe July 24, 2019 Allergan BIOCELL recall was the largest breast implant recall in FDA history. It covered 33+ product lines after the FDA determined BIOCELL recipients faced a 6x elevated risk of BIA-ALCL lymphoma. French regulators had recalled the same product a year earlier in 2018.
Learn moreBreast implant illness (BII) is a constellation of systemic symptoms — fatigue, brain fog, joint pain, hair loss — reported by implant patients. Unlike BIA-ALCL, BII is not yet a formally recognized diagnosis, but BII plaintiffs with Allergan BIOCELL implants are included in MDL 2921 litigation.
Learn moreThe Allergan Natrelle 410 Highly Cohesive Anatomically Shaped implant was the most widely used recalled product and is at the center of MDL 2921. McGhan textured implants — an earlier Allergan brand — are also covered by the July 2019 recall. If you received either product, you may have a claim.
Learn moreWomen who received Allergan BIOCELL textured implants or tissue expanders as part of post-mastectomy breast reconstruction after breast cancer are a distinct and especially sympathetic plaintiff class in MDL 2921. They fought breast cancer once — and Allergan's recalled product put them at risk of a second cancer.
Learn moreThe FDA does not recommend prophylactic removal of Allergan BIOCELL implants for asymptomatic patients. However, women who chose explantation after the recall may have legal claims for surgery costs. Women with BIA-ALCL symptoms require immediate medical evaluation — not observation.
Learn moreNo global Allergan BIOCELL settlement has been announced as of February 2026. The October 2026 bellwether trial will drive settlement negotiations. Based on comparable medical device MDLs, BIA-ALCL Stage IA cases may settle in the $50,000–$300,000 range; Stage IV cases may command $1,000,000–$3,000,000 or more.
Learn moreYou may qualify if you received Allergan BIOCELL textured implants (for augmentation or reconstruction), were diagnosed with BIA-ALCL, or had your implants removed due to the recall. You do not need a cancer diagnosis to file. Implants already removed do not disqualify you.
Learn moreAllergan Breast Implant Lawsuit Lawsuit
Allergan (now owned by AbbVie) manufactured BIOCELL textured breast implants — including the widely used Natrelle 410 — that were found to cause breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), a rare but serious T-cell lymphoma of the immune system. The FDA determined that women with Allergan BIOCELL implants were approximately six times more likely to develop BIA-ALCL than women with implants from other manufacturers. On July 24, 2019, Allergan initiated a worldwide recall of all BIOCELL textured breast implants and tissue expanders. As of June 2023, the FDA had received 1,264 BIA-ALCL reports globally, with 1,079 — representing 85% of all cases — involving Allergan implants. Sixty-three deaths have been reported, with 37 linked to Allergan products. MDL 2921, In re Allergan BIOCELL Textured Breast Implant Products Liability Litigation, is pending before Judge Michael Martinotti in the District of New Jersey with approximately 1,400 cases. The first bellwether trial is scheduled for October 2026. Women who received Allergan BIOCELL textured implants, were diagnosed with BIA-ALCL, or underwent implant removal due to the recall may have viable legal claims.
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