Faulty PIP Breast Implants in Ireland

1,500 Irish women have been fitted with defective breast implants manufactured by a French company, Poly Implants Protheses SA. (PIP) The implants were manufactured using industrial grade silicone instead of a grade for use in medical products.

The Faulty Breast Implants Compensation Problem

The use of industrial grade silicone implies fraud by the French company; it could not happen by accident. Unfortunately for patients with these implants, PIP is defunct and there is no evidence that it was insured against claims arising from its fraudulent activities. This makes the future of Irish women’s claims aganst PIP for these implants potentially both drawn out and uncertain.

The Issue with Defective Products Liability

The reaction of the Irish regulator, the Irish Medicines Board, has often been read as legal advice and emphasises the fact that the breast implants are “defective products” within the meaning of Ireland’s Liability for Defective Products Act 1991 and Council Directive No. 85/374/EEC. Generally, this law renders a producer of goods liable for “death or personal injury… caused by the goods produced.” If a supplier of goods (a medical clinic, for instance) does not represent itself to be the producer of the goods, and identifies the producer or distributor of the goods to the injured person, the supplier is exempt from liability. This leaves the defunct and uninsured PIP as the liable producer, rather than the clinics against which claims may actually successfully be made.

Faulty Breast Implants and Irish Contract Law

The breast implants are indeed defective products, but the implants were fitted by medical practitioners in Ireland. PIP did not fit them; various doctors and medical clinics did. These implants were fitted in consideration of payment by the patient. That constitutes a contract between the clinic or doctor and the patient.

The Sale of Goods Acts 1893-1980 will apply to these contracts. Under Section 14 (2) of the Acts, goods sold must be of “merchantable quality”. This means that the goods must be fit for the purpose for which they are commonly bought. Under Section 14 (3) of the Acts the goods must also be as durable as it is reasonable to expect.

The available evidence is that the implants are not fit for the purpose for which they were bought. Industrial grade silicone implants are not, it is universally acknowledged, fit to be used as implants in human beings. It also appears that they are not as durable as it is reasonable to expect. (There are reports that their rupture rate is high). Even “doubts” about the safety of a consumer durable will be a major factor in treating a durable as un-merchantable.

Liability under the Sale of Goods Acts 1893-1980 is strict. A retailer (in this case a medical clinic) cannot successfully plead that the defect in the product was not its responsibility. It is responsible for both patent and latent defects. Even a hidden feature of the goods will render the retailer liable if the state of knowledge of the industry at the time of supply was that such a feature was injurious, if it were to be present. It was always known that industrial grade silicone was unsuitable for human implants, thus triggering the liability of the medical clinic retailers.

Irish women are free to issue proceedings directly against their Irish doctors and clinics as suppliers of the breast implants, pleading breach of contract and citing Section 14 (2) and 14 (3) of the Sale of Goods Acts 1893-1980. In addition to certain advantages of expediency, these claims will have a much higher success rate as the doctors and clinics, even if defunct, are insured.

The compensation to which women undertaking such a case may be entitled include:

• Reimbursement of the cost of the fitting;
• The removal of the implants;
• Financial damages for the pain and suffering of having them removed.

The Statute of Limitations

Of great importance to plaintiffs in all litigation is ensuring that there is no possibility of the injured person’s claim becoming Statute Barred. This is the term used to describe the legal time limits within which an injured person must start their legal case. In the case of breast implant injuries, because of the interaction between claims in arising from breach of contract (which has a statute limit of six years) and claims arising from personal injury (which has a statute limit of two years), the relevant time limits will depend on the specific facts of each case.

About McGarr Solicitors

McGarr Solicitors is a law firm specialising in Plaintiff litigation, representing injured clients in Medical Negligence cases which have settled for more than €3 million. We provide personal attention, a trusted network of medical experts, and aggressive pursuit of our clients’ rights.

Led by Edward McGarr, who has over 35 years experience representing clients in court, the firm is recognised as one of the most active litigation practices in Dublin. Our offices in the city centre- directly across the river from the Four Courts- allow us to attend to all High Court business personally. We never use law agents.

We do not charge any fees upfront and we always seek to recover the costs of your successful litigation from the other side. We aim to never take any of our clients’ compensation as fees.

Disclaimer
Please note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between McGarr Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors. The contents of this website are not intended to constitute legal advice and should not be taken as such.

Faulty PIP Breast Implants and Irish Law

A neck injury can occur even without an “accident”; overuse of muscles or postural problems may cause injury. However, the most common cause of serious neck injury is road traffic accidents, especially involving “whiplash” of the head and neck. The consequences of whiplash may be severe. They include:

• Fracture
• Pain
• Numbness
• Paralysis
• Muscle ache
• Stiffness

Whiplash and other neck injuries can last a very long time and be very debilitating. They can disrupt ordinary life, preventing the patient from doing usual household tasks or going to work. Whiplash is caused by the head and neck moving involuntarily backwards and forwards at speed. This injury often occurs when the victim is rear-ended, but also in a side impact accident. In addition, a seat-belt may cause injury to the neck where it crosses the chest diagonally.

If you suspect you have suffered whiplash or other neck injury, it is important that you seek medical attention, keep track of all your medical documentation, and if necessary, seek advice from an experienced solicitor.

Whiplash Compensation

The Personal Injuries Board estimates that compensation for a minor whiplash neck injury (being one which heals within 12 months) would be a sum of up to €14,400. For a healing time of 2 years, their estimate is between €11,500 and €17,500. For injuries that do not heal, which studies suggest may be up to 20% of all whiplash injuries, the indicated range of compensation is between €15,900 and €78,400.

Whiplash and Neck Injury Compensation Claims

Any injury to the head is potentially dangerous and very often requires medical attention. Significant head injuries usually occur from road traffic accidents, work accidents, sports accidents, falls or assaults. The consequences can be severe, and can include:

• Bleeding in the brain
• Coma
• Paralysis
• Speech problems

The symptoms associated with a head injury or trauma may not show up immediately. If there has been injury to the skull, then concussion may be anticipated, at a minimum. A head injury may also involve a spinal injury. Symptoms that seem minor or unrelated to the head (such as vomiting) may actually indicate serious damage. Medical help should be obtained promptly.

A head injury, clearly, may inhibit the victim from making a claim for compensation due to reduced ability to make good judgments. In this situation, friends and relations may need to make more overt efforts to assist the victim in the claim process. A good solicitor can also assist an incapacitated victim to make a successful claim.

Head Injury Compensation

The Personal Injuries Board estimates that compensation for a minor skull fracture or brain injury is approximately €23,300. For major skull fractures and/or brain injury, their indicated range of compensation is approximately €129,000.

Head Injury Compensation Claims

The back is a complex assembly of muscles, bones, tendons and other soft tissue, including major nerves. Unfortunately, many back injuries are serious and complicated. Almost all movement involves the use of the spine and its muscles, and you can therefore injure your back in a variety of ways, such as lifting, slips and falls, road traffic accidents, sports accidents, or assault.

The consequences will usually be severe. They include:

• Fractured vertebrae
• Herniated discs
• Muscle strain or spasms

A back injury is one of the most devastating injuries to a person’s ordinary lifestyle. Consequences may include:

• Chronic pain
• Difficulty walking, lifting, or performing ordinary tasks
• Full or partial paralysis

The injuries will usually limit movement and often lead to bed rest, physical therapy or surgery. Lifting heavy objects is a common cause of back injury. The injury may result not so much from the measured weight of the object as the frequency or circumstances of the lifting. It is essential to seek immediate medical attention if you think you have injured your back in any kind of accident.

Back Injury Compensation

The Personal Injuries Board estimates that compensation for a minor back injury (being one which heals within 12 months) would be a sum up to €16,300. For a healing time of 2 years, their estimate is between €11,700 and €19,600. For injuries that do not heal, which studies suggest may be up to 20% of all back injuries, the indicated range of compensation is between €18,300 and €85,900.

Back Injury Compensation Claims

The most common causes of serious arm injuries are road traffic accidents and accidents at work, particularly involving machinery. Arm injuries include muscle strain, contusion, crush injuries, fractures and tendon and nerve injuries.

The upper arm consists of the humerus, while the forearm consists of the radius and the ulna. The radius and ulna permit the positioning of the hand, the ulna stabilizing the radius as it rotates. This rotation is critical to the full use of the forearm. Its loss is very serious. The consequences of an arm injury may be severe. They include:

• Fracture
• Pain
• Muscle ache
• Stiffness
• Loss of function

An arm injury can occur even without an “accident”. Overuse of muscles or postural problems may cause the injury. (Repetitive strain injury –- “RSI” — is usually associated with the arm or hand.)

Fractures of the elbow are common in slips and falls. Careful diagnosis and treatment of this type of injury is crucial, as the nerve and vascular systems may be involved. The symptoms of an arm injury may last a very long time and can be very debilitating. They can disrupt ordinary life, preventing the patient from doing usual household tasks or going to work.

Arm Injury Compensation

The Personal Injuries Board estimates that compensation for a minor arm injury is up to €14,800. For what is termed a “moderate dislocation” of a person’s arm, which is still classed as a serious ongoing condition, compensation is estimated between €20,200 and €54,600. Losing one arm, or both arms, is estimated between €111,000 and €145,000.

Arm Injury Compensation Claims

Accidents at work are so common and serious that the Government has established the Health and Safety Authority to try to reduce the number of injuries sustained at work every year. Accidents can happen in every kind of workplace. Some, like construction or building sites, carry obvious dangers, but it is perfectly possible for very serious accidents to occur in ordinary offices and shops.

Accidents and injuries at work can include:

• Factory accidents
• Industrial accidents
• Slip and fall at work
• Lifting injuries
• Asbestos exposure
• Toxin exposure
• Sick buildings

The law says that employers have a duty to take reasonable measures to protect the health and safety of their employees. This includes providing proper training and supervision, a safe work environment, adequate machinery and equipment, and capable co-workers. If you are injured while at work, your employer may be responsible for compensating you.

Compensation for Accidents at Work

Many employers carry accident insurance. This means that if you are injured while on the job, your employer’s insurance may be responsible for paying for your injuries. Many employees are reluctant to bring compensation claims against their employers for fear of losing their jobs or suffering other consequences. It is important to remember that employers are legally responsible for providing a safe workplace. You should not let your employer intimidate you or talk you out of seeking compensation you may be entitled to.

Injured workers may be entitled to compensation not only for the injury itself, but also for ongoing pain and suffering, lost wages, and financial expenses such as the following:

• Medical treatment
• Medical devices and equipment
• Rehabilitation services
• Prescription drugs
• Accommodation and transportation adaptations
• Travel expenses

You may not be entitled to compensation if your injury was caused by some fault of your own, but it is worth gathering all the facts before concluding that you were at fault. Your personal injury solicitor will help you make decisions about fault and where it may lie.

Industrial Disease Compensation Claims

Accidents at work are not the only source of injury in the workplace. If an employee contracts a disease in the workplace it can be just as devastating as a physical injury. The Health and Safety Authority tries to eliminate or reduce such diseases by its regulations. Common diseases often contracted in the workplace are dermatitis, chemical poisoning, metal poisoning, or diseases from biological hazards. Some industries are clearly identified as carrying a particular risk of particular disease; pneumoconiosis, for instance, in coalmining.

Accidents at Work

Slip, trip and fall injuries can occur almost anywhere, from private homes to supermarkets to public pavements. An icy step or a wonky curbstone can mean significant injury and days or even weeks off work.

In many instances, slips and falls are a normal–though unfortunate–part of life. Perhaps we trip over a curb, or simply aren’t looking where we’re going. Other times, however, slips and falls occur because of a hazardous condition on someone else’s property. If you have been injured by a slip or fall, the owner of the property where the accident took place may be responsible.

Following a slip or fall on someone else’s property, you should:

• Request that the property owner or an employee (if in a place of business) document the accident, and obtain a copy of their documentation;
• Take a picture of the hazardous condition if possible;
• Seek medical attention as soon as possible if you think you have been injured;
• Seek help from a solicitor if necessary.

It is important to follow these procedures even if the accident occurs at your workplace. Do not allow your employer to intimidate you or talk you out of documenting the accident and/or filing for compensation. (See also Accidents at Work.)

Slip, Trip and Fall Accident Compensation

The following information may be helpful to you in determining whether you are eligible for compensation for a slip, trip or fall.

All property owners, whether their property is public or private, have a duty to keep their premises reasonably clean and safe, and many carry slip and fall insurance. This means that if you have been injured due to a hazardous condition, the property owner’s insurance may be responsible for paying for those injuries.

A property owner is generally NOT responsible for your injury if:

• You were trespassing at the time the accident took place;
• You were acting carelessly at the time the accident took place, and this contributed to the accident;
• An ordinary person would have noticed the hazardous condition and avoided it;
• The hazardous condition did not exist long enough for the property owner to reasonably discover and correct it;
• The property owner took reasonable steps to prevent the accident, such as placing a barrier or warning sign near the hazardous condition.

A property owner MAY be responsible for your injury if:

• The property owner or an employee caused the hazardous condition;
• The property owner or an employee knew or should have known about the hazardous condition and did not correct it;
• The property owner did not take reasonable steps to prevent the accident, such as placing a barrier or warning sign near the hazardous condition.

Not all of these conditions must be present in order to make a successful claim for an injury — sometimes just one is enough to make the property owner liable. A good solicitor can help you determine whether you have a valid claim for compensation. Accident victims only have a certain amount of time to file a compensation claim, so it is important to file your claim and, if necessary, consult a solicitor as quickly as possible.

Slip, Trip and Fall Injuries

People commonly worry that making a personal injury claim may somehow be the wrong thing to do. You may worry that it’s making trouble, burdening the court system or asking for more than you’re really due. But making a personal injury claim is often the best way to protect yourself and your family when an accident or injury has occurred. Your ability to work, physical limitations and finances affect your whole life. The Irish constitution protects your right to claim compensation.

Consequently, you have the legal right to compensation for your injuries when they are caused through the negligence or carelessness of another.

Typically, if you have suffered a personal injury, you are also likely to suffer some or all of the following:

• Lost wages
• Medical costs
• Pain and suffering

As an example, you may have an accident at work or slip and fall on public property and break your leg. As a result, you may face costly medical bills, a considerable amount of pain and inconvenience, and need to take time off work. In the best case scenario, you are back at work and on the road to a full recovery with a fair and reasonable settlement offer to compensate you.

But the worst case scenario cannot always be predicted at the start. Medical complications or a poor outcome from treatment can mean a lifelong disability, and even worse, constant pain. How can you know when you will be able to return to work, or if you’ll even be able to do the same job? How will the costs of ongoing treatment and rehabilitation be covered? What if you have significant lost income because of extended time off work, but can no longer rely on the salary you earned before you were injured? A successful personal injury claim can ensure you are compensated and cared for — not only now, but into the future.

For cases of serious injury like mis-managed births or industrial accidents, victims may be facing lifelong hardship, loss and expenses. An aggressive personal injury case can help you meet costs like:

• Medical bills
• Specialist equipment to improve independence
• Ongoing medical care and home help
• Compensation for pain, suffering, and reduced quality of life

When children are the victims, it is often especially important to consider finances, as special arrangements may need to be made for lifelong care. But regardless of age, quality of care and of life are things nobody wants to compromise on, for themselves or their family members.

If you are worried that your claim may not be substantial enough or that claiming against your employer may cause issues, you are welcome to fill out the free online claim assessment form to have your situation reviewed by a solicitor.

Why Should I Claim for Personal Injury?

Taking a holiday away from home can be extremely costly, and if you are injured while you are away, even costlier. Fortunately, you may be entitled to compensation from your tour operator.

Common examples of accidents that occur on holiday and that may be eligible for compensation include:

• Traffic accidents—either as a driver or passenger
• Food poisoning
• Illness caused by contaminated water
• Skiing and snowboard accidents
• Injury sustained in swimming pools or spas
• Injury sustained during organised excursions such as hiking or biking
• Injury caused by disrepair of hotels or other accommodation

The following information may be useful in determining whether you are eligible for compensation:

• Suffering an injury on holiday often requires costly medical treatment abroad, as well as transport home. You may be entitled to recover some or all of these expenses.
• Suffering an injury on holiday often requires you and your family to return home early, losing money you have paid for accommodation and other expenses. You may be entitled to recover some or all of these expenses.
• Not all countries require their citizens to carry as much insurance as Ireland. When claiming compensation in such instances, defendants may not be as heavily insured as you might expect. However, if you have gone on holiday with a licensed tour operator, it would be normal to make a claim against the tour operator.

Make sure to collect all accident reports, photographs of hazardous conditions, medical bills, medical records and other relevant information before you return home. Filing a claim after you return without all the facts and proper documentation can be difficult, or even impossible.

Accidents on Holiday

Car accidents and crashes, also called RTAs (Road Traffic Accidents) can be devastating. According to the World Health Organization, road accidents cause the deaths of 1.2 million people worldwide every year, and injure about forty times that number. If you are ever injured in a road accident, it is important to find out whether you can claim compensation for your injuries. This information can save you critical time and money following an accident.

Car Accident Compensation

The following information may be helpful to you in determining whether you are eligible for compensation:

• All drivers in Ireland are legally obligated to carry third party insurance. This means that if a driver causes injury to another party—even the driver’s own passengers—the driver’s insurance may be responsible for paying for those injuries.
• Even if you are injured by a driver who does not carry third party insurance (or who cannot be located after the accident), you may be able to claim compensation from the Motor Insurers’ Bureau of Ireland (MIBI).
• Some injuries that result from road accidents do not appear immediately, but only after several hours or days. Therefore, it is always crucial to telephone the Gardai and file a report immediately following an accident, whether or not you think you have been injured.
• Accident victims only have a certain amount of time to file a compensation claim, so it is important to file as quickly as possible, and where necessary, to consult a solicitor.

After a Car Accident

If you have a case for a claim after an accident, these tips can help you obtain the best possible outcome. Even if you have done something differently, it is still often worth finding out if you can make a claim.

Following a car accident, DO:

• Collect the other driver’s information, such as name, address, vehicle registration number, and insurance information, which can be found on the disc on a vehicle’s windshield.
• Offer your information to the other driver.
• Telephone the Gardai immediately. If they will not attend the scene of the accident, report to the nearest Garda Station and request that they take the details of the accident.
• Seek medical attention as soon as possible if you think you have been injured.

Insurance information is crucial in filing your claim. A Garda report may also be important if the other party turns out to be uninsured or denies the accident occurred. And finally, records from medical care, whenever you seek it, can help to establish injuries if necessary during the claim process.

Following a car accident, DO NOT:

• Admit liability. This includes making statements like “I didn’t see the light/sign/etc.” or “This is all my fault.” Accident victims often make such statements by reflex or out of shock, but this can harm their chances of collecting compensation they are actually entitled to.
• Leave the scene of the accident until you have exchanged information with the other driver and/or the Gardai have told you that you may leave.
• Assume that you cannot claim compensation because the other driver does not carry insurance, or because you do not think you have been injured.

Accident victims are too often denied compensation because they did not take adequate steps following the accident. Find out if you can make a personal injury claim following a car accident or car crash.

Road Accidents and Car Crashes