Read full article here…

‘All wills written by Crosby & Moore Solicitors between 1 April   and 30 April 2012 will be written free of charge.  Please consider making a suggested donation of £50 to us for this service, which will be paid in full to Macmillan Cancer Support, however no donation is necessary.’

• 40,000 women in the UK have had PIP implants. 95% of those were performed in private clinics and the remaining 5% by the NHS.

• The advice of the Chief Medical Officer remains that women with PiP breast implants do not need to have them removed unless they have symptoms such as pain and tenderness.

• There is no link to cancer and there is no clear evidence of an increased risk of harm compared to other brands of breast implants

• The NHS has confirmed that it would remove and replace the implants without charge if patients that the NHS had operated on remained concerned. The government expects the private sector to follow suit, but this has not happened ‘across the board’ as yet.

  • To date, the following private clinics have agreed to remove and replace PIP implants free of charge if clinically necessary:-

  • BMI Healthcare

  • HCA International

  • Holly House

  • Highgate Hospitals

  • Make Yourself Amazing/MYA Cosmetic Surgery

  • Nuffield Healthcare

  • Ramsay Health Care

  • Spire Healthcare

  The Transform medical group has said it will remove the implants free for its patients who had them fitted since 2001 and The Hospital Group said it would offer free removal to patients it operated on from 2001-2009; both will charge for replacements.

  
  

  If a private clinic that provided PIP implants no longer exists or refuses to help, then, so long as the patient is entitled to NHS services, the NHS will cover the cost of the removal of PIP implants if the patient’s doctor agrees there is a clinical need. This would not include the replacement of private cosmetic implants.

  • PIP Patients are being advised by the NHS to consult their GP’s if they notice any of the symptoms set out on the NHS Website –

  
  

  http://www.nhs.uk/news/2012/01January/Pages/government-review-advises-on-french-pip-breast-implants.aspx

  • The Department of Health has now set up two reviews to look at (1) how the PIP situation unfolded in the UK and (2) whether the cosmetic industry as a whole ought to be regulated.

  • It is the first of these reviews, led by Lord Howe, which is perhaps of most immediate importance to PIP patients. This review is expected to be submitted to the Health Secretary by the end of March 2012 and will assess:-

  • What information about PIP implants was available from routine systems for reporting adverse events;

  • What external concerns about PIP implants were brought to the attention of regulators, and when;

  • How these concerns and any related information were handled;

  • What information was shared between MHRA and counterpart agencies abroad;

  • What action was taken to safeguard and advise patients;

  • Whether action was sufficiently prompt and appropriate.

  
  

  “Does this mean I have a claim?”

  This still remains a difficult question to answer. However, as it is crucial to understand when the cosmetic industry (including the NHS) knew or reasonably ought to have known of the potential dangers of the PIP implants, it is hoped that Lord Howe’s review will shed some light. Some news reports have suggested that concerns were raised about implants as early as 2005, but the information we are receiving from those making enquiries are that the NHS and private clinics are advising they knew nothing about the potential problems with the implants until 2010, when the alarm was raised in France.

  If a claim in law is possible, then it is likely to be in contract and/or in negligence. It may be possible to claim for the reasonable cost of further surgery and for the pain, suffering and stress of a further operation.

  If you have discovered that the clinic where you had your implants is not insured, then it is possible that it may not have the funds to meet the number of claims that are being made. If your implants were paid for on a credit card, then you may be able to sue your credit card provider or their insurance company under section 75 of the Consumer Credit Act 1974. Sir Bruce Keogh has been tasked with considering whether a general insurance scheme for cosmetic patients should be introduced in the UK and this issue is still in development.

  
  

  “What should I do in the meantime?”

  Whilst the reviews progress, we would suggest to prospective clients to:-

  1. Establish precisely whether they do indeed have a PIP implant;

  2. Consult their GP immediately if they are concerned about any of the symptoms described on the NHS website which might be connected with a PIP implant as well as any psychological symptoms they may be feeling;

  3. Seek an MRI or ultrasound scan either via their GP and the NHS or to pay for a scan to establish whether the implant is intact (the cost of a private MRI or ultrasound scan may be recoverable as part of a compensation claim);

  4. Ensure that photographs of the implants are taken if they are removed and a report detailing how the implants were found during surgery is prepared by the surgeon;

  5. Consider obtaining their medical records from their GP and implant provider. We are able to assist with this process if required;

  6. Keep accurate notes of the decisions they make in respect of their removal and replacement of the implant and if this procedure is undertaken privately, to keep all documents detailing the cost of the procedure as this may be recoverable as part of a compensation claim;

  7. ---

     Seek to keep the PIP implants if they are removed. If this is possible, the implant should be kept cool in the fridge, but not in a freezer. The implant itself may prove useful for evidence in a compensation claim; 

  8. ---

     Ensure that if the implants are removed and replaced privately, that a close eye is kept on the amount paid for the surgery. A Claimant is required to mitigate any losses arising out of the claim and so a very expensive surgeon’s costs to remove and replace the implant may not be recovered as part of a compensation claim when the initial procedure was undertaken at a much lower price; 

  9. ---

     To check whether the clinic where the implants were performed has insurance to meet a claim for damages. 

  ---

   

  ---

  We hope that you have found this update useful. If you have any questions or queries, please feel free to contact either David Crosby on 01273 734670 or James King on 01273 229347 for further information.

Lucy Gregory, who deals with the divorce and family law, offers a free half hour consultant to all new clients and a fixed fee to assist people through difficult times.

Greg has worked in Private Client Law for over 6 years in the Sussex area and has excellent experience in Wills, Probate, Powers of Attorney, Trusts, Deputyship Orders and Elderly Client Affairs.

Greg’s excellent track record as an approachable, open and friendly solicitor who delivers a quality of service that is seldom matched ties in perfectly with Crosby & Moore’s stated aim of providing a quality client and results driven service from our base in Hove.

Greg commented, “I am delighted to be joining such a successful, progressive and friendly firm. I am also looking forward to working within the Brighton & Hove area and making a contribution to the local community.”

If you have any queries regarding any area of Private client law please do contact Greg on 01273 734702 or via email on greg@crosbyandmooresolicitors.co.uk for a free initial consultation.

On BBC News

In the Daily Telegraph

The changes are due to come into effect on April 6.

If you require information on this and the mediation process please contact our Lucy Gregory on 01273 734600 or email lucy@crosbymooresolicitors.co.uk

The event took place at Merkaba in Myhotel, one of Brighton’s most exclusive bars.

The group presents an opportunity for young professionals in the area to meet other like minded people and business contacts, to build both their professional and social networks. As a young firm we were pleased to show our support to those also working in Brighton & Hove and the surrounding area and host such an enjoyment and successful event, with the help and hard work of all the staff at Merkaba bar.