Breast Implant Recall Compensation Claims
Many women who have been implanted with breast implants manufactured by French company Poly Implant Prothese SA (PIP) will have been concerned at the news that the implants have now been recalled due to health and safety concerns, and wondering about their right to make breast implant recall compensation claims. This article aims to answer some of the legal questions which have been raised about breast implant recall compensation claims and a patient´s entitlement to compensation.
The Reason for the Poly Implant Prothese (PIP) Implant Recall
The recall of Poly Implant Prothese (PIP) implants was initiated in March 2010 by the French medical device regulatory authority AFSSAPS, after it was discovered that a higher than average rate of rupture was occurring in the implants. It was also revealed that the PIP implants had been manufactured with an unapproved silicone gel, most commonly used in mattresses, which could lead to inflammatory reactions in certain women.
The initial advice from AFSSAPS was that women who had received a Poly Implant Prothese implant should have an ultrasound scan at the earliest possible opportunity, and have both implants removed should a rupture – or suspected rupture – be discovered. Subsequent advice issued by the French government, following the death of an implantee in France from anaplastic large cell lymphoma, is for all women who have received PIP breast implants to have them removed.
Entitlement to Recalled Breast Implant Compensation
Any woman who has received an implant manufactured by Poly Implant Prothese (PIP) is entitled to make a claim for recalled breast implant compensation provided she has sustained an injury directly attributable to the recalled breast implant. This does not mean that women should wait until the implant ruptures until making a recalled breast implant compensation claim as no amount of compensation will make up for the consequences should the silicone gel within the implant lead to a lifelong health issue.
Instead, women should proceed with an ultrasound examination and have the implants removed if recommended by their doctor. Thereafter they should speak with a personal injury solicitor about making breast implant recall compensation claims to recover any cost of the surgery to remove the recalled breast implants and the subsequent consequences.
Compensation for Recalled Breast Implant
Whereas in France, the government will be paying for the removal of the recalled breast implant, in the UK, the Medicines and Healthcare products Regulatory Agency (MHRA) have stated that there is “no evidence of any disproportionate rupture rates other than in France”. Consequently, women who wish to proceed with the removal of the recalled breast implant will have to pay for an operation themselves or make a claim for recalled breast implant compensation to cover the cost.
There are also issues to address about the emotional distress currently suffered by recipients of the recalled breast implant, the pain and suffering experienced immediately after the recalled breast implant has been surgically removed, and the subsequent psychological damage sustained as a woman has to carry on with her life with a modified figure. All of these factors have to be considered in breast implant recall compensation claims and, as no two claims for recalled breast implant compensation are exactly the same, it is in your best interests to discuss your circumstances with a solicitor at the earliest possible opportunity.