PIP Implants, Can I Claim Back On My Credit Card?

Errata

I think this firm of solicitors may be setting up a class action http://www.hughjames.com/. It may be worth talking to them if anyone wants to take an action themselves, and IME even though they're based in Wales they're excellent at distance work.

pipimplants

ILW wrote: »

If it worries you, why not just pay to have them removed?

It does worry me. I have a substance that hasn't been tested or approved to be inside the human body, so it would be rather silly not to be a bit worried.

I think it would be sensible to have them removed for the above reason, but As I mentioned, I am currently breastfeeding my 7 month old and so I would prefer not to undergo surgery at the moment which would almost certainly lead to the cessation of that.

Errata wrote: »

I think this firm of solicitors may be setting up a class action . It may be worth talking to them if anyone wants to take an action themselves, and IME even though they're based in Wales they're excellent at distance work.

Thankyou. Do you have personal experience of the company? I was aware they are undertaking a class action, but had never heard of the company before. (had to edit the link out or it wouldn't let me post)

Errata

Yes I do, in a sucessful class action a few years ago. They did what it said on the tin, including insurance to cover costs if the action was lost.
Another firm which may be taking interest is Leigh Day who specialise in medical stuff http://www.leighday.co.uk/Home

greenface

I am sure there will be a few big boys on this one and they will be joined in a group Litigation further down the line . I expect to see Irwin Mitchell Solicitors in there ( I know these and have no worries with their experience)My thought so far is who they go for as it may end up a consumer issue and may have a 10 year stopper ( and unless registered soon even the people that had implants 5 or 6 years ago will struggle to be included in this) My opinion FWIW is who kidded who along the line there hasnt been a problem with the operations so the surgeons and possibly the hopital/clinic are not negligent unless the information they were given was not the information they gave you (the patient) . Who said how safe the bags have been tested too ?? who said how safe the silica inside will be in the event of a rupture /leak ?? the warnings were there in 2001 apparently.

chanz4

Didnt they have the same issue with the blackbeen filled ones? There is going to be a lot of flat chested women about

chattychappy

There really is a lot of amateur lawyering in this thread. I do hope you make contact with one of the firms mentioned..My first law job was in the PI department of a city firm. It's very fashionable to hate lawyers, but in situations like this you can find that they are genuinely very caring, professional and sensitive. It is certainly not the most lucrative area of law to be in.

greenface

ChattyChappy Would you consider this Personal Injury or Medical Negligence ? I would go for the latter so far .
DISCLAIMER ; I fit a good window or door never studied law but have a bit of knowledge base on personel experiance about medical/consumer issues. & dont worry about the brief making a few bob they'll be ok.

chattychappy

greenface wrote: »

ChattyChappy Would you consider this Personal Injury or Medical Negligence ? I would go for the latter so far .

Short answer, both really.

Negligence is a "tort" (a civil wrong that can give rise to a legal remedy) along with a few others, eg defamation and trespass. So medical (clinical) negligence is just a particular kind of negligence.

Personal injury is a type of damage suffered as a result of a tort. It could be from clinical (medical) negligence or otherwise - eg being hit by a drunk driver or getting sick from a toxic substance leaking onto your land.

Usually there is no compensation if there is no damage. But just because damages haven't crystallised doesn't mean the tort is not actionable. For example, in this case suppose the implants are currently fine, but it is known that a rupture could occur and the consequences very serious. Then it is actionable so that you may establish liability for the costs of taking avoiding action (having them removed) or establishing now the liability in the event damages occurs in the future. Or perhaps having established the breach of duty making it easier to reach a settlement out of court.

I used the terms "PI department" and "personal injury lawyers" a little loosely not really meaning to describe what has happened but rather because this is the kind of lawyer that would (I hope) know where to start. Part of the job is in establishing the breach of duty - but often this is fairly obvious. A further skill is establishing that the breach caused the (potential) damage ("causation") and assessing the resulting damage. This can vary significantly from person-to-person, even if the physical damage is the same.

Aside from the negligence issue, there is also the issue of contractual/product claims and the OP's original question about CC liability. This has a more restricted scope.

I've waffled enough.

But just to say, what is almost certainly irrelevant (contrary to what earlier posters suggested) is:

1) the fact that nothing has gone wrong yet
2) that any disclaimer was signed about the risks involved during the consent process

These might have some impact, but are not "deal breakers".

(Pls don't take anything I say as legal advice. It is not my area of practice. I've seen enough of this query to say that it is beyond the scope of forum advice.)

pipimplants

Thankyou once again, I will have a good think about things and contact one of the firms suggested. If the surgeon agreed to either remove or remove and replace orior to rupture (am not yet sure what I will do) then I would be happy with that, I am not after money here.

The potential problems I expected when having this surgery did not include those that can happen with these implants. Some of the women that have had ruptures have been turned away by their surgeons and big clinics and spent up to £25,000 of their own money so far on trying to correct the damage that these implants have caused to their body. It appears that once in the body the silicone does not behave like the silicone usually found in implants. (which would stay in the breast area and not migrate around the body)

andy.m_2

I thought I heard on the radio that the reasons this was tits up was because PIP had gone bust.


Therefore if the supplying surgeon had no knowledge of the construction of the implant then it is hardly negligent on their part.
You could go after the medical council that approved the implant for human use would be my next suggestion, tricky though as they will need to confirm that what was tested was the same as was used in all cases, you never know.
The final element that makes this very difficult is that unless in the case of reconstructive surgery then this is purely elective, and that will bring a whole host of disclaimers, it is however true that you cannot disclaim against negligence but see point above about that proof.

This is really starting to prove that the human body should be left well alone under the banner of vanity... Is there any product that you can safely store within the body for 10 years or more?