Pradels, Adrien and Bialy, Aneta (2026) Claims in the Allergan Biocell Macrotextured Breast Implant Products Liability Litigation. Comparative Analysis of Representative Class Actions before French and U.s. National Courts: in search of an Accessible, Admissible, Economical, and Effective Judgment. In: Civil Procedure and Global Dispute Resolution, October - December 2025, Tilburg (Netherlands). (Unpublished)

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Abstract

Women may choose to undergo breast augmentation surgery using textured breast implants. However, in the case of the Allergan textured breast implants, the product was found to be defective, as it was linked to the development of a rare form of cancer known as Breast Implant-Associated Anaplastic Large Cell Lymphoma (Bia-Alcl). In response, the numerous affected women initiated legal action against Allergan, resulting in large-scale litigation and class action proceedings. This paper analyzes how such a case would be managed under two different legal systems: the United States and France. The analysis thus focuses, from the point of view of the claimant, on two key aspects, access to justice and suitability of court versus out-of-court proceedings, to determine which jurisdiction offers a more effective framework for addressing mass product liability claims such as the Allergan case.