At Brophy Solicitors we have established a dedicated team who are committed to providing expert advice and assistance to women affected by the PIP breast implant scandal.
On the 30th March 2010 the Irish Medicines Board (IMB) initiated a recall of all silicone breast implants manufactured by the defunct French company Poly Implant Prothese (PIP) following revelations by the French medical device regulatory authority that unauthorised silicone gel was being used. Subsequent investigations have revealed that the silicone used in PIP implants was not of medical grade and PIP had been filling its implants with industrial grade silicone which contained fuel additives called Baysilone, Silopren and Rhodosil, all of which are industrial materials not approved for clinical use and can be found in mattresses. The concern
It is estimated that over 1,500 Irish women were implanted with this product and the Irish Medicines Board have stated that 878 of these patients are former patients of the Harley Medical Group. Other private hospitals that used these defective implants include Clane Hospital in Co. Kildare and Shandon Street Hospital in Cork. It is believed that no PIP implants were used in HSE facilities.
Whilst there is some ambiguity surrounding the nature of the health risks associated with PIP implants, it is believed that these particular breast implants have a significantly higher than average rate of rupture. A rupture is a split that occurs in the implant’s casing. Symptoms of a rupture include lumpiness or swelling of the breast or area around the breast, a change in shape of the breast, deflation, redness, tenderness and pain or sensitivity. The nature of the silicone gel used makes the removal of ruptured implants a more complex and extensive surgery.
Whilst there have been concerns of a causational link between the implants and cancer, there is presently no scientific evidence to prove this link. The Irish Medicines Board continues to advise patients with these implants that if they have any concerns about their breasts or implants to seek immediate clinical advice.
I THINK I HAVE BEEN AFFECTED – WHAT SHOULD I DO?
At Brophy Solicitors our experienced medical negligence team are currently advising and representing many women affected by the PIP breast implant recall.
We are advising women who are concerned or affected by the PIP recall to obtain immediate confirmation from their medical advisors as to whether or not their implants are in fact PIP implants and if necessary, to have an MRI scan carried out to determine whether there is any weakening or rupture of the implants and obtain whatever medical intervention is required. Thereafter, those affected should seek legal advice without delay so as to ensure that they obtain proper redress and access to the justice they deserve.
We are advising our clients not only to issue proceedings under the Sale of Goods Acts 1893-1980 pleading breach of contract but also directly against the Irish doctors and clinics as suppliers of their PIP breast implants. The compensation to which persons undertaking such a case may be entitled to include:-
- Reimbursement of the cost of the fitting in the first instance;
- Removal/replacement of the implants;
- Damages for personal injury arising from the pain, distress and suffering of having them removed; and
- Damages for personal injury arising from any rupture sustained as a result of fitted with the defective PIP implants.
As with all litigation, there are strict time limits bringing a personal injuries claim based on medical negligence and liability for defective products. It is therefore very important that women affected by the PIP scandal obtain legal advice without delay so as to ensure that any case they may have does not become Statute Barred.
