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PIP Breast Implants - can I sue my private provider?

26 January 2012

Private companies who refuse to replace French-made PIP breast implants can be sued for breach of contract, says Neille Ryan, a partner and an expert in personal injury cases with leading south east law firm Furley Page.

While the UK Government has confirmed that the NHS will replace French-made PIP implants for those whose original breast surgery was carried out on the NHS, the vast majority will have come from private providers.

Some have already offered to replace implants without charge but many have not and women may wonder what they are entitled to.

Neille Ryan said: “The most obvious claim against a private provider would be for breach of contract for the supply of goods and services. Section 14 of the Sale of Goods Act 1979 implies a term into the contract that the implants will be of satisfactory quality.

“Clearly the terms have been breached and, therefore, damages will follow for the cost of removing and replacing the implants plus for any injury caused either by the implants themselves or the surgery.

“Claims should be brought within three years of the date when the victim knew or ought to have known their implants were defective so in most cases that will presumably be three years from about now. This is a specialist field and anyone seeking more information should ensure that they approach a solicitor with genuine expertise in personal injury claims,” added Neille.

Furley Page can also advise on the best way to fund a claim against a private provider, and this may include a no win – no fee arrangement.

For more information contact Neille Ryan at Furley Page.

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