Hugh James warns PIP Claimants of preserving explanted prostheses
Hugh James reported earlier this year the recall of all
silicone gel filled implants made by the French company Poly
Implant Prothese.
31 I 08 I 10
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Hugh James is now acting
on behalf of over 140 women who have had PIP implants fitted and
continues to investigate avenues of compensation.
Hugh James warns ladies considering or making arrangements to have
their PIP implants removed to remember all evidence in support of
their case must be safely kept, including their PIP
implants.
The implants, especially where
damaged, are important evidence in any claim that may be made. The
implants may need to be tested or inspected later and it is
imperative that they are kept for that purpose.
Hugh James is aware that some
hospitals are refusing to co-operate with patients’ requests to
keep their implants, insisting that they must be discarded as
clinical waste. Hugh James warns that it is of the utmost
importance that implants are kept and to contact them for advice if
this situation arises.
Mark Harvey, Partner and Head of
the Harmful Products Department at Hugh James said, “Ladies must
remember that they have to prove their case. Important evidence can
be lost when ladies are told that their implants must be disposed
of as clinical waste. This is not the correct position in law and
this has been confirmed by the MHRA: there are procedures for
decontamination that can be followed. Even where implants are
so damaged that decontamination is not possible, in those
circumstances implants can be safely packaged according to health
and safety procedures. Every day, samples are safely
transported for testing all around the country in similar
circumstances; it is a matter of following the relevant
procedures.”
In one case Hugh James has already
had to obtain a High Court Order preserving explanted PIP implants
where a clinic was threatening to discard them. Hugh James
submitted to the court that the implants were the lady’s property
and were important evidence in her case and could be safely
decontaminated and/or packaged for later testing. The Court
accepted Hugh James’ submissions and ordered that the implants
should be preserved and made available to the lady concerned.
Hugh James leads in the field of
Harmful Products litigation and has many years’ experience of
successfully winning these types of claims. Our lawyers have
successfully recovered compensation for victims of other
pharmaceutical products and medical devices including Opren, hip
and spinal prostheses and cataract lenses. We are also the lead
solicitors in the Seroxat litigation.