PIP Action Group Information Day slides
- 1. PIP Implants Information Seminar Presented by Edward McGarr B.C.L., Solicitor McGarr Solicitors 12 Citygate, Lower Bridge Street, Dublin 8 01 6351580
- 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. 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. 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. 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. 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. 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. 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. Issues The PIP company, a French entity, is in insolvency. PIPs 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. 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. Questions and answers now McGarr Solicitors 11 12 Citygate, Lower Bridge Street, Dublin 8 Ph: 01 6351580