Personal Injury Claims
The DePuy hip scandal; Your questions answered
A plaintiff must prove the defect and damage. The fact of the DePuy “recall” is useful to prove the defect, but it would be necessary to engage an expert in the issue. The damage would vary from case to case, but it is difficult to see how any plaintiff with a DePuy hip would avoid ex-plantation before the expiration of the expected use life of the hips, 10 to 15 years.
Faulty DePuy Hip Implants: How to litigate the issue
Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.
Faulty PIP breast implants: The Time Problem
What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.
Defective Breast Implants
McGarr Solicitors have considered the problems of Irish women who have been fitted with breast implants manufactured by Poly Implants Protheses SA. (“PIP”). You can read our views on our other website Personal Injury Ireland.
More about the Injuries Board
Errors in assessment (barring a constitutional action yet to come) cannot result in claims against the Injuries Board, but that is very likely not true of the doctors working for the Injuries Board/respondents.
The Injuries Board – some Questions and Answers
1. I have been injured; will the person who injured me, or his/her insurance company, hasten to fully compensate me? No, they will not. This is human nature and also implied in the social arrangements under which we live. 2. Will the Injuries Board ensure that my interests are fully looked after? No, it will not. It has a limited focus. It only addresses one question; the level of compensation the injured person ought to get. It does little to […]
Death and The Injuries Board
It is very possible for an injured applicant to know nothing of the personal circumstances of a guilty respondent. Even the Injuries Board may know nothing of those circumstances; the Board will carry on correspondence with a lawyer or an insurance company acting for the respondent (who, in their turn, may also not know of the state of health of the respondent).
The Injuries Board
The Injuries Board views this information narrowly. It extracts it as statistics and makes little effort to draw conclusions from it.