Grounds For Claims Against Implant Clinics

Women affected by the scandal surrounding breast implants manufactured by the French firm Poly Implant Prosthesis (PIP) are being urged to take immediate legal advice.

A leading law firm says patients of clinics that used the implants should not wait until there is a problem before seeking advice on who is responsible for funding their removal and replacement.

Angelina Rigby, a Partner and Head of Clinical Negligence at Geldards LLP, explained that an estimated 50,000 women in the UK have had PIP implants and while the NHS will replace the implants for any NHS patients affected, private clinics are being asked to make the same offer. Four providers have currently offered to replace the implants without charge, but one is currently asking patients to pay the cost of replacement.

“Women treated on the NHS will be offered removal and replacement implants after consultation with their surgeon, but the Government also expects private clinics who carried out 95% of the surgery to do the same,” said Angelina.

“If a private clinic no longer exists or refuses to help, then the NHS will remove the implants but will not replace them. This means there will still be a claim for any replacements and also the pain and suffering caused by the process.”

This is not the first time Angelina has represented women affected by health scares involving breast implants. The medical negligence specialist successfully acted in the Trilucent Breast Implant litigation that resulted from a recall of defective implants manufactured by another company.

“Although this case is not exactly the same, there are some parallels,” continued Angelina. “In the Trilucent case, the product was classed as defective and formally recalled but with PIP the UK Government is not recommending removal as a precautionary measure.”

In France however, authorities have called for them to be removed from all French patients. The authorities believe there is an increased chance of the implant - which is made from industrial grade silicone - rupturing and leading to complications.

In March 2011 the Medicines and Healthcare Products Regulatory Agency (MHRA) issued an alert recommending that these implants should not be used, however, they have stated that the rupture rate in the UK is less than in France and people should not worry.

Added Angelina: “Regardless of the differing opinions on the risks associated with the PIP implant, or the policy adopted by the clinic that carried out the procedure, anyone with concerns should seek legal advice as soon as possible.”

Further help and advice on the issue is available from Geldards’ offices in Cardiff, Nottingham and Derby, or by contacting Angelina direct on 029 2039 1704.