On September, 20, 2021, Susan Stanley and John Stanley (“Plaintiffs”), represented by Scott M. Anderson Of Grimes Teich Anderson LLP, filed a product liability lawsuit against Abbvie Inc. (“Abbvie”), Allergan Plc, Allergan USA, Inc. (“Allergan USA”), Allergan, Inc., Lifecell Corporation (“Lifecell”) and John Does 1-20 (collectively, “Defendants”), seeking compensatory and exemplary damages and other relief for personal injuries suffered as a result of the implantation of AlloDerm Select. This case was filed in the United States District Court in the Middle District of North Carolina with Judge Joi Elizabeth Peake presiding
Plaintiffs brought this action alleging that as a result of having the AlloDerm Select implanted in Plaintiff’s body, Plaintiff experienced significant mental and physical pain and suffering, sustained permanent injury, permanent and substantial physical deformity, and have undergone or will need to undergo additional corrective surgery or surgeries in the future.
In the complaint, Plaintiffs alleged that, “Defendants had a duty to exercise reasonable care in the researching, developing, designing, manufacturing, selling, distributing, and marketing, sale and/or distribution of AlloDerm Select into the stream of commerce, including a duty to assure that the Product would not cause users to suffer unreasonable, dangerous side effects.”
Plaintiffs also alleged that, “Defendants failed to exercise ordinary care in the researching, developing, designing, manufacturing, selling, distributing, and marketing. sale, testing, quality assurance, quality control, and/or distribution of AlloDerm Select into interstate commerce in that Defendants knew or should have known that using the Product created a high risk of unreasonable, dangerous side effects, severe and personal injuries which are permanent and lasting in nature, physical pain and mental anguish, including diminished enjoyment of life, financial or economic loss, including, but not limited to, obligations for medical services and expenses, present and future lost wages and other damages.”
Further, Plaintiffs alleged that, “Despite the fact that Defendants knew or should have known that the Product caused unreasonably dangerous side effects, Defendants continued to market, manufacture, distribute and/or sell the Products to consumers, including Plaintiff.”
There are twelve claims for relief laid down by Plaintiffs. The first claim for relief is for alleged negligence. The second claim is for alleged design defect pursuant to N.C. gen. stat. § 99b-6. The third claim is for an alleged manufacturing defect. The fourth claim is for alleged failure to warn pursuant to N.C. gen. stat. § 99b-5. The fifth claim is for alleged breach of express warranty pursuant to N.C. gen. stat. ann. § 25-2-313. The sixth claim is for alleged breach of implied warranty pursuant to N.C. gen. stat. ann. § 25-2-314. The seventh claim is for alleged fraud. The eighth claim is for alleged fraud by concealment. The ninth claim is for alleged negligent misrepresentation. The tenth claim is for alleged violation of North Carolina consumer fraud and deceptive business practice act, N.C. gen. stat. ann. §§ 75-1.1 and 106-138. The eleventh claim is for loss of consortium and the twelfth claim is for punitive damages.
In the prayer for relief, Plaintiffs have requested the court to pass an order for an award of compensatory, punitive, and/or exemplary damages and reasonable attorneys’ fees and costs and further relief as the court may deem just and proper.
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Pending - Other Pending
JOI ELIZABETH PEAKE
ALLERGAN USA, INC.
JOHN DOES 1-20
SCOTT M. ANDERSON
Attorney at GRIMES TEICH ANDERSON LLP
535 College Street
Asheville, NC 28801
(#1) COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-3136632), filed by SUSAN STANLEY, JOHN STANLEY. (ANDERSON, SCOTT) (Entered: 09/20/2021)
DocketCASE REFERRED to Standing Order 30. (Sheets, Jamie) (Entered: 09/20/2021)Read MoreRead Less
DocketCase ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) (Entered: 09/20/2021)Read MoreRead Less
Docket(#1) COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-3136632), filed by SUSAN STANLEY, JOHN STANLEY. (ANDERSON, SCOTT) (Entered: 09/20/2021)Read MoreRead Less
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