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PIP Action Group Information Day slides

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PIP Action Group Information Day slides

  1. 1. PIP Implants Information SeminarPresented by Edward McGarr B.C.L., SolicitorMcGarr Solicitors12 Citygate, Lower Bridge Street, Dublin 801 6351580
  2. 2. Issues• The practice of law is an art not a science. Consequently, litigation is not exactly predictable• In the following, “case” means a PIP implant was purchased and fitted• A PIP case has certainties but some things await proof• “Certainty” means we think we have the evidence or will get the evidence if we need it McGarr Solicitors 2 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  3. 3. Certainties• Certainties are: – Every case involved a contract with a clinic/hospital; – Some cases involved a breach of contract; – Some cases involved a tort – a defective product claim; – Some cases involved breaches of regulations; McGarr Solicitors 3 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  4. 4. To be established• Some things must or may be established; – Each case must prove a defective product claim; – Each case must prove breach of contract and/or wasted expense; – Some cases may prove breach of a regulation; – Some cases may prove negligence; McGarr Solicitors 4 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  5. 5. Time• Time is running; – Breach of contract time started on the day the implant was fitted. It is a 6 year window; – Defective product time started on the day the patient learned she was fitted with a PIP implant and it is defective. It is a two year window; McGarr Solicitors 5 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  6. 6. Time– Negligence claim time started on the day the patient learned she was fitted with a PIP implantand it is defective. It is a two year window;– Breach of regulation time started on the day the patient learned she was fitted with a PIP implant and it is defective. It is a two year window; McGarr Solicitors 6 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  7. 7. Injury, loss & damage• Cases have resulted in injury or loss or damage. – All cases have required scans and other investigations. This is a loss; – Most, if not all, cases imply early removal of implants. This is an injury and a loss; – Some cases have led to early removal of implants. This is an injury and a loss; – Some cases have resulted in psychological symptoms from anxiety. This is an injury and inevitably a loss; McGarr Solicitors 7 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  8. 8. Injury, loss & damage• Some cases have resulted in early rupture of the implant. This is an injury and a loss;• Most, if not all, cases imply wasted costs of implantation. This is a loss;• It is necessary to identify losses attributable to Defendants other than PIP McGarr Solicitors 8 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  9. 9. Issues• The PIP company, a French entity, is in insolvency.• PIP’s German insurer has declared it will refuse indemnity to PIP, for defective product claims.• It is unnecessary and a distraction to sue PIP. There are other defendants answerable for injury loss or damage. In short, avoid making a defective product claim against PIP.• Issue proceedings as soon as possible McGarr Solicitors 9 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  10. 10. Proofs• Proofs; – Prove the contract by oral evidence of the plaintiff and documents, if any; – Prove the breach of contract, negligence and breach of regulations by expert evidence; – Prove the injury by medical (expert) evidence; – Prove the losses by oral evidence of the plaintiff; McGarr Solicitors 10 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580
  11. 11. Questions and answers now McGarr Solicitors 11 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580

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