Personal Injury Claims
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.
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.
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.
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.
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.
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 […]
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 views this information narrowly. It extracts it as statistics and makes little effort to draw conclusions from it.