LEGAL action against private clinics in Scotland who fitted hundreds of women with faulty silicone gel breast implants has just begun, ending four years of agony for the victims, after papers were lodged at the Court of Session.
They are unable to sue the French firm, Poly Implant Prothèse (PIP), who sold the dodgy implants to more than 60 countries after it went out of business in 2011 and the owner Jean-Claude Mas, 76, was found guilty of “serious fraud” by a court in Marseille.
However, hundreds of Scottish women are suing the clinics through consumer laws both here in Scotland, in England, as part of a group litigation, and also in France where lawyers are taking action against a German company responsible for testing the safety of the implants. About 40,000 women in Britain, which includes 4,000 in Scotland, have had PIP implants which were made with unauthorised industrial silicone filler, and caused rupture, swelling and infection.
Edinburgh nurse Jenny Brown, who had her lymph nodes removed after one of her PIP implants burst and leaked, welcomed the news that legal action in Scotland could be imminent but insisted it was likely to be a lengthy process.
She said: “It isn’t straight forward and I’m sure it will take a long time but at least we can now see some light at the end of the tunnel in respect to the legal action, meanwhile, thousands of women are still suffering.
“I’m still getting regular reviews. I’ve had repeat biopsies done and it keeps coming up that there is inflammation. The pain has been ongoing for three years and I have to take painkillers every day.”
Scottish PIP implant compensation lawyers Thompsons said he had lodged legal papers at the Court of Session but there were still a number of hurdles to jump before the women had a result.
Partner Patrick McGuire, who represents hundreds of victims, said: “There are three different ligations going on – one is the group litigation in England and there are benefits to that in terms of pooling resources, knowledge and strength in numbers and to that end a large number of Scottish women elected, with our advice, to enter into the group litigation order and that’s where their cases are being advanced.
“Scottish women are very fortunate because these cases are proceeding under the consumer legislation. It is about the products, goods and services that they purchased and whether or not they meet the standard the law requires. It is that simple.
“When you purchase a silicone implant you have exactly the same protection as someone who purchases a television and if it’s faulty then that’s an end to the matter.
“It is where the defender is based which determines where you can raise your court action and that means if you are a PIP victim who entered into a contract with Spire in Scotland you can choose to bring the case in Scotland but also because they are based in England you have the choice to go there instead.
“English and Welsh victims don’t have that choice because the English law is such that you must go through the group litigation order and nothing else.
“The cases going through the group litigation in England are already under way. The second tranche of litigation is here in Scotland and those cases have all just been lodged in the Court of Session.”
McGuire said that under the consumer law, victims can sue for compensation for being sold a faulty implant and also the damage they have suffered financially, physically and mentally.
He added: “All PIP implants were French, we are suing over here because the consumer law lets us go against the person who gave them the product. The law expects any company to vet and properly ensure that what they buy in to pass onto the consumer is up to standard, if it’s not the buck stops with them.
“In France claims have been brought against the German company who did the testing that allowed PIP to get the CE kite mark.
“The best course of action for British victims is to pursue in Britain against the clinic, but there are a small number whose clinics have gone bust therefore that clinic is not open to be sued in the UK, so for those women we have an arrangement with a French solicitor who is pursuing the cases on their behalf.
He said the Scottish litigation could take time because there are multiple cases.
McGuire said: “It might involve test cases being taken forward and the Scottish courts will also want to hear about the English group order and to see how that is progressing.
“Matters are progressing but there is still some water to run.”
He added that added some of the victims were still suffering and were living with a “ticking time bomb” inside them.
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