Earlier in the year we posted an article talking about the potential deadline for compensation claims for Poly Implant Prothèse (better known as PIP) breast implants. More than 47,000 women in the UK had PIP implants (inc around 3,000 NHS patients following the removal of breast tumours), and it was later revealed that the French manufacturer had used inferior, industrial grade, silicone in their breast implants.
When looking to make a successful personal injury compensation claim there are certain criteria which need to be met. One of these is the limitation period; this is generally within 3 years of the injury or within 3 years of the claimant having knowledge of the problem (although there are certain exceptions). As the issues with the PIP implants became public knowledge in March 2010 (when the French authorities alerted the Medicines and Healthcare Regulatory Agency that they had ceased any distribution, export and use of the P.I.P gel implant, resulting in the MHRA immediately banning all use of P.I.P implants in the UK) this would mean the deadline for PIP cases to be filed would have been March 2013.
However there are still some new PIP compensation claims being taken on, specifically cases where the clinics that performed the surgery are still trading (such as BUPA, Spire and BMI). And also cases where the surgery was paid for on a credit card, as under the Consumer Credit Act the credit provider may well be liable to compensate for the cost of further surgery and any injury caused.
Some of these cases are being put forward as a breach of contract (under the Supply of Goods and Services Act 1982) as the breast implants supplied were not of a satisfactory quality or fit for purpose. In these cases, the limitation period could extend to 6 years from the date the PIP implants were put in to the body.
With claims against the credit card provider it’s important that clients commence a civil claim against the clinic as they have a duty to exhaust all avenues of compensation before making a credit card claim (or Consumer Credit Act claim). However where the clinics do not have sufficient funds or insurance cover to meet the cost of a claim, a credit card claim is another way of seeking compensation. As such a claim can also include compensation for injury, anyone looking to make a credit card claim should first seek legal advice.
We Can Help
If you, or someone you know, have PIP implants and had to have them removed or replaced due to health concerns you may be entitled to make a claim for compensation. Our friendly specialist advisors are on hand to help, there is no charge for this service and you are under no obligation to claim with us.
If you have a genuine claim, contact a genuine company.
May I Claim, is a trading name of R Costings Limited and our CRM number is 25770
If you’ve had an accident that wasn’t your fault and suffered an injury - you can trust us to handle your claim professionally.
Call us now on 0800 756 7774 and talk to us to find out if you have a claim - or fill in our Quick Claim form (on the right of this page).
http://info.mayiclaim.co.uk/personal_injury_compensation_claim_news/bid/323169/The-Deadline-for-PIP-Breast-Implant-Cases-May-Not-Have-Passed-Yet
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