MHRA announce that PIP implants are not health risk

 

Licensing body's initial tests find that recalled PIP breast implants show no serious danger to health

 

06 I 09 I 10

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The Medicines and Healthcare Products Regulatory Agency (MHRA) have released the interim results of their tests on the safety of breast implants manufactured by French company Poly Implant Prothese (PIP).  The tests indicate that the gel inside the implants is not toxic although more tests are needed to examine their potential for premature rupture.

 

The faulty implants were the subject of a Medical Device Alert (MDA) by the MHRA on 31 March 2010, ordering a recall on all stocks of the PIP implant. This followed an earlier issue with PIP implants using recalled hydrogel solution in 2006.  Many women who were supplied with PIP implants during breast augmentation have experienced agonising problems including ruptures and leakages. 

 

The MHRA has announced that its independent UK tests found no evidence of chemical toxicity or the implants potentially causing cancer to victims.  However, the MHRA has also admitted to its testing not being “as extensive” as the tests being carried out in France.  The MHRA has advised women with any concerns over their PIP implants to speak to their implanting surgeon.

 

Since the recall of the faulty implants, PIP has gone into liquidation, leaving victims with no clear route for legal recovery.  Renowned campaigning lawyer Mark Harvey, Partner at Hugh James solicitors, is acting for over 140 women with PIP implants.

 

Reacting to Friday’s announcement by the MHRA, Mr Harvey said "It is obviously of great comfort to us all - and particularly our clients who have suffered ruptured implants - that the initial tests results reveal no serious danger to their health, but they remain anxious for the results of the French authority's more detailed studies.

 

 “However it remains a significant concern to us all that these implants not only rupture prematurely but leak silicone when they were all promised that by their very design they would not and could not. For those of our clients whose implants have not yet ruptured this remains a source of considerable worry to them.

 

We call on both the French and UK licensing authorities to speed up their testing as a matter of urgency and also for all the clinics who were involved in the implantation of these prostheses to cooperate with us in providing our clients with urgent remedial treatment wherever it is needed."

 

Mr Harvey is taking a proactive approach with these cases, and has written to Health Secretary Andrew Lansley to call for more rigorous regulation of medical devices by the MHRA.  The licensing of the PIP implants was dealt with on a European level where the CE (European Conformity) marking of a device means that the manufacturer has full access to the EU market, including the UK, without the UK licensing authority undertaking its own checks.  Mr Lansley’s response is that this is a matter for the MHRA.  Mr Harvey has written again to the Health Secretary, and to the MHRA to voice his concerns that this matter is not being taken seriously enough. 

 

Mr Harvey has also written to all of the clinics involved in the treatment of his clients to ask for their co-operation in negotiating a protocol whereby they agree to recall all affected patients and to render the suitable treatment free of charge.  By working with the clinics, Mr Harvey hopes to remove any burden from the NHS which – in some cases – has been meeting the cost of removing many of these implants from women affected by problems such as leakages and ruptures.

 

Almost all of the women who were given PIP implants were told in advance of their surgery that the implants could not leak – even if ruptured – because they contained a particular composition of silicone gel.

 

Mark Harvey is seeking a solution for these women to get legal recovery.  He continues, “Our preferable course of legal action would be to claim against the manufacturers or their insurers.  But the MHRA’s flawed licensing system has allowed the properly culpable parties to walk away.  We are now investigating other routes of action for these women.”

 

For more information please see the MHRA’s full press release:

 

Contact

Mark Harvey colourMark Harvey

Partner, Head of the Claimant Division

Head of Harmful Products and Overseas Accidents Team

 

E mark.harvey@hughjames.com

T 029 2039 1174

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