Tipp FM Legal Slot – 10th January 2012
John M. Lynch on PIP Breast Implant Recall
[soundcloud id=’167086871′]Download PIP Breast Implant Recall Notes
How many women worldwide and in Ireland were implanted with the defective PIP breast implants?
Up to 1,500 Irish women who received defective breast implants may face alarming health risks. Over 300,000 women worldwide received the PIP implants.
Who manufactured the implants?
The defective implants were produced by French company Poly Implant Prothese (PIP). The company ceased business in 2010. Note: President/Founder of Poly Implant Prothese (PIP), Jean-Claude Mas, claimed women who take legal action are “fragile people or people who do that for money”
When were the implants recalled in Ireland?
The PIP breast implants were recalled in Ireland in March 2010 so legally time may be limited for the women who received the defective breast implants. In these situations there is a two year time limit within which those affected may seek compensation for the defective product and/or procedure. Since the PIP implants were recalled in Ireland in March 2010 a case may need to be initiated in less than two months – before March 2012.
Seeing as the manufacturers, PIP, closed down who can the patients take a legal case against?
The added complication here is that the company, PIP, is no longer trading and therefore legal action may have to be considered against the Irish suppliers or other companies in the supply and manufacture chain under the Product Liability Code. The other option is to consider taking a case under the Sale of Goods & Supply of Services code. This offers the opportunity to avoid the problem of the two year limitation, the 1,500 Irish women who received the implants should contact their solicitors without delay.
What problems are the implants causing for patients?
The PIP implants have an unusually high rupture rate, which effectively means that gel from the implants could leak into a patient’s body. Following the liquidation of the company an investigation revealed that PIP was using silicone gel that was not approved by the health authorities. While there may be a possible cancer risk associated with the implants a definite link has not yet been established, however a death of a women in France in 2010 may be linked to the implant and is currently being investigated. 1,140 women in France have suffered from ruptures of their PIP implants, according to the French medical regulator AFFSAPS, and health officials estimate that over 30,000 defective PIP implants, in France alone, will need to be removed.
Where in Ireland did the procedures takes place?
PIP implants were used in three private practices in Ireland – the Shandon Street Hospital, Cork, the Clane Hospital, Co. Kildare and Harley Medical Clinic, Dublin.
What advice have the patients received so far?
All Irish hospitals that used the PIP implant were advised by the Irish Medicines Board to contact women who may have received the defective implant since 1st January 2001. From our experience with recall cases we highly recommend that women who received the defective PIP implants contact their surgeons immediately and, if necessary, seek an independent second opinion. Over the past few days it has come to light that in November 2010 Harley Medical Group told the Irish Medicines Board on two occasions that it had contacted patients of the PIP breast implants when, in fact, it had not contacted the patients. The IMB had been misinformed and lead to believe that letters were sent to the patients when the only communication made to patients was through Harley’s website. These letters finally issued on the 9th of January.
