Following our recent articles about the problems that many people are currently encountering with their PIP Implants we are awaiting the results of the enquiry led by Lord Howe in to the issue. Of course the Welsh Assembly Government has already indicated that in their view any person fitted with PIP Implants between 2001 and 2010 should have them removed.
While many solicitors are continuing to advertise the fact that they are dealing with the cases we are yet to see any case being decided by the courts in England & Wales resulting in a decided case.
We are pursuing such cases as breach of contract against the hospitals that carried out the operations on the recipient of the implants. However in addition to a claim for breach of contact we are also considering action against other relevant parties.
As a general rule a consumers legal rights are against the person that sold them the defective product under an old legal principle of “privity of contract”. That said if the PIP implants were funded by a credit agreement or a credit card this may give rise to a claim against the finance provider or the credit card company.
If a recipient of PIP implants has funded their operation with finance or a credit card then you may be able to pursue a claim against the finance provider also under section 75 Consumer Credit Act 1974. The cash price of the product must be over £100.00 but no more than £30’000.00 and if this criteria is met then a finance provider becomes jointly and severally liable with the hospital for the faulty goods under a contract of sale. Such procedure may be particularly helpful where for instance the hospital is nor trading, has no insurance or simply cannot be traced.
We consider ourselves to be one of the leading law practices dealing with these claims for compensation. We can lend a sympathetic ear to offer professional advice to help you. We can pursue a claim to compensate you and also to cover the cost of corrective surgery.
We have a number of funding options. Our no fee win or lose funding agreements mean your claim will cost you nothing.
Should you require further advice or simply a general chat please do not hesitate to contact our Nathan J Hennah.