Breast Implant Recall Compensation Claims

Breast Implant Recall Compensation Claims

The Irish Medicines Board (www.imb.ie) is the competent authority in Ireland for cosmetic products. At the moment, they are not advising the removal of the PIP implants. They say that there are no current evidence of increased health risks associated with the implants (http://www.imb.ie/EN/News/Poly-Implant-Prosthese-PIP-breast-implant-update.aspx?page=1&year=0&categoryid=).

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

If you have been implanted with breast implants, you may be among the estimated 1,500 women in Ireland entitled to make breast implant recall compensation claims following the recall of the Poly Implant Prothese (PIP) in March 2010. This specific brand of breast implant was found to have a higher than average incidence of rupture and was subsequently discovered to have been manufactured with a non-approved silicone gel most commonly used in bed mattresses.

Although it has yet to be established whether the gel contained within the recalled breast implants is genotoxic and liable to cause cancer, one woman in France has already died from anaplastic large cell lymphoma attributable to ruptured PIP breast implants, and health officials in France – where the PIP breast implants were manufactured and where the breast implant recall was initiated – have acknowledged that there is a high risk of inflammatory reaction in some women.

Who is Affected by the Breast Implant Recall?

According to information released by the Irish Medicines Board, approximately 1,500 patients had PIP breast implants inserted at the Shandon Street Hospital in Cork, Clane Hospital in County Kildare and Harley Medical Clinic in Dublin from January 2001 until the breast implant recall in March 2010. The recalled breast implants in Ireland were only used for aesthetic purposes only and not for reconstructive surgery for breast cancer patients.

Nonetheless, this does not disqualify anybody who, in good faith, paid to have an operation to enhance their figures only to be at risk from injury due to a faulty product. Making breast implant recall compensation claims under these circumstances is similar to suing a motor manufacturer who has used an inferior material in the production of the vehicle, which then makes the car unsafe to drive, and the manufacturer hides the fact until it causes injury and death.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.

Entitlement to Recalled Breast Implant Compensation

Originally, health officials in France had advised that women concerned about their PIP breast implants should have an ultrasound scan to test for the possibility of a ruptured sac, however recent developments have led to the French government issuing a health warning and recommending that all women who have received PIP breast implants have them removed. This new development is a worrying concern to implantees of the recalled breast implants in Ireland and raises the question of entitlement to recalled breast implant compensation.

According to the law, women who have received the PIP breast implants would be entitled to make breast implant recall compensation claims should they have suffered an injury due to a lack of care by the manufacturer. Poly Implant Prothese failed to make a safe product by replacing the approved silicone gel for a cheaper, unauthorised substitute. However, proving that this has led to an injury can be complicated, and it is not recommended that women wait until an implant sac ruptures prior to making recalled breast implant compensation claims.

The main problems with PIP compensation claims at the moment is that the manufacturer has gone bankrupt and therefore there is no correspondent for any potential claim. This situation might change in the future but for now, the priority for women should be medical treatment rather than compensation.

What Can be Included in a Recalled Breast Implant Compensation Claim

Certainly the defendant in any recalled breast implant compensation claim should be responsible for covering the cost of removing the recalled PIP breast implants and compensating the victim for the pain and suffering experienced during the post-surgical recovery period. If it is discovered that any of the unauthorised silicone gel has discharged from a ruptured sac, it may also be possible to claim recalled breast implant compensation for any adverse physical injury.

However, there are also the issues of the psychological injuries which may be sustained – both prior to surgery and as a woman comes to terms with a modified figure due to Poly Implant Prothese´s negligence. It has to be considered that not all of the recalled breast implants in Ireland would have been performed for reasons of vanity. Possibly they were implanted to assist with existing psychological issues or to enhance an under-achiever´s confidence.

Your First Steps to Making Breast Implant Recall Compensation Claims

The most important issue with the recalled breast implants in Ireland is that of your health. The first thing to do is have an ultrasound scan performed by the surgeon or clinic responsible for the original surgery to check if there is any imminent risk of rupture.

For PIP implant information, contact the Irish Medicines Board on 01 6764 971.