This case was last updated from PACER on 09/21/2021 at 08:12:02 (UTC).

STANLEY et al v. ABBVIE INC. et al

Case Summary

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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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00728

  • Filing Date:

    09/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Real Property Product Liability

Judge Details

Referral Judge

JOI ELIZABETH PEAKE

 

Party Details

Plaintiffs

SUSAN STANLEY

JOHN STANLEY

Defendants

ABBVIE INC.

ALLERGAN PLC

ALLERGAN USA, INC.

ALLERGAN INC.

LIFECELL CORPORATION

JOHN DOES 1-20

Attorney/Law Firm Details

Plaintiff Attorney

SCOTT M. ANDERSON

Attorney at GRIMES TEICH ANDERSON LLP

535 College Street

Asheville, NC 28801

 

Court Documents

#1

(#1) COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0418-3136632), filed by SUSAN STANLEY, JOHN STANLEY. (ANDERSON, SCOTT) (Entered: 09/20/2021)

 

Docket Entries

  • 09/20/2021
  • DocketCASE REFERRED to Standing Order 30. (Sheets, Jamie) (Entered: 09/20/2021)

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  • 09/20/2021
  • DocketCase ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) (Entered: 09/20/2021)

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  • 09/20/2021
  • View Court Documents
  • 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)

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