Fw: Important information for British Ladies, UK Companies can be sued!

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----- Original Message -----

From: " marge (by way of ilena@... (Ilena Rose)) (by way of ilena

rose) " <marja@...>

Sent: Thursday, January 10, 2002 5:58 PM

Subject: Important information for British Ladies, UK Companies can be sued!

(posted on alt.support.breast-implant)

Silicone implants and issues of liability

The EC has acknowledged dangers of silicone implants which could ease

product liability claims against manufacturers and lead to tighter

regulation of the cosmetic industry. Jordan, clinical negligence

partner, and Fairclough, product liability solicitor, both at Irwin

, talk to Lucy Hickman ...

The European Commission's acknowledgement of the dangers of silicone

implants could ease product liability claims against UK implant

manufacturers and lead to tighter regulation of the cosmetic implant

industry, lawyers say.

Last week the Commission announced plans to study ideas raised by

campaigners, including independent counselling, compulsory patient

consent forms, establishing registers of qualified plastic surgeons and

imposing a minimum age.

The Commission would not recommend a ban, however, because scientific

evidence revealed no link between implants and cancer.

Irwin clinical negligence partner, Jordan says: " I

completely agree with what's being recommended - particularly making

patients aware of the risks and establishing registers.

" Most of the negligence claims I deal with fall into one of two

categories: the first is that patients were not warned of the dangers

- they are told it is a simple procedure when in fact it's major

surgery with many risks. "

Jordan says Afro Caribbeans for example, are particularly susceptible to

" horrendous " growths on scar tissue following surgery - and yet they

are not warned of the dangers beforehand.

" The second category arises from poor technique, often where the

procedure is done by a general surgeon when it should have been done by

a plastic surgeon - some of these surgeons are using techniques that a

proper plastic surgeon hasn't used for 20 years. "

Such poor techniques, she says, can lead to movement of the implants or

the loss of a nipple: these are often removed during surgery and the

tissue dies if they are not replaced quickly enough.

She says: " There has been no great move within the medical profession to

control what's going on. You get NHS doctors doing it to make extra

money, while private hospitals are so desperate to get work that they

are not as careful as they should be about who is doing the operations.

" I think this ruling will make a difference. Hopefully it will prompt a

move in the profession to regulate the industry properly. "

Irwin product liability solicitor, Fairclough deals with

clients seeking redress against silicone implant manufacturers.

Most claims are against US companies - many now either bankrupt or

forced to set up settlement plans to fend off litigation from actual or

potential claimants. Most were forced to settle due to the US medical

profession's widespread recognition of the dangers of silicone implants.

This view contrasts starkly with the popular view among the UK medical

profession.

Says Fairclough: " The traditional stance in the UK is that silicone

doesn't do any harm. Most of the profession won't acknowledge the link

between silicone and various symptoms shown. "

She says many symptoms allegedly caused by silicone are quite

generalised and a link is not immediately obvious.

Indeed, the Commission report follows a 10-year campaign against

implants by Glaswegian Margo Cameron. She claims that within months of

her £600 lip implant operation, she suffered aches, pains and acute

tiredness. British doctors insisted she had psychological problems,

while American experts blamed silicone leakage.

Fairclough says: " The Commission report will prompt further research,

and because the Commission has acknowledged the dangers of implants this

will assist in changing the way the medical profession views them.

" This could make claims against UK manufacturers easier because at the

moment, even if you can show the implants are defective, you still have

to show damage caused as a result of the implant. If there is a general

recognition that silicone causes these symptoms, it will make it easier

to pursue a product liability claim. " (27/03/01)

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