Garden House Solicitors, the Breast Implant Regulators and the Press

Article by
Kevin Timms

Garden House Solicitors has been at the centre of the PIP breast implant scandal with regards to the media’s reporting of the subject. Kevin Timms of Garden House Solicitors has been highly reported by the international press.

The PIP breast implant scandal arose when France reported that eight women were known to have cancer and PIP breast implants in France. However, it was subsequently established that there is no link to cancer.  The French have also recommended the removal of PIP breast implants from all women in France. Kevin Timms has discussed the issues arising from France and how they relate to women in the UK extensively with the media and has been in contact with the MHRA in the UK, AFSSAPS in France, the TGA in Australia and other medical device regulators throughout Europe where PIP breast implants have been used.

Stricter Cosmetic Surgery Regulations Suggested – The GHS Perspective

Article by
Kevin Timms

The 30,000 women in France who have been recommended to have their PIP breast implants removed as a result of inherent defects in the breast implants has left up to 40,000 to 50,000 women in the UK unnecessarily in fear as a result of the MHRA and other UK authorities stating there are no health risks associated with PIP breast implants.

MPs are now suggesting that, as a result of the PIP breast implant scandal, cosmetic surgery patients could be put on a database to help prevent another scare like this.

PIP Breast Implants - Not Approved by Regulators

Article by
Kevin Timms

The lawyer acting on behalf of PIP and its founder, Jean Claude Mas has released a statement about the affairs of PIP.

The lawyer, Yves Haddad, told Reuters yesterday that most of the breast implants sold by PIP since 1991 were produced using a silicone that was not approved by health authorities.

Mr Haddad said that PIP sold “simple” breast implants made with silicone that was not approved by health authorities and a high end breast implant using approved silicone for wealthier clients.

PIP Breast Implants – A Defective History for a Defective Breast Implant

Article by
Kevin Timms

In the year 2000 the Food and Drug Administration (“FDA”) in America raised concerns about the manufacturer, PIP, who made PIP silicone breast implants with industrial grade silicone, potentially affecting hundreds of thousands of women globally. PIP breast implants have been at the centre of extensive media attention recently.

At the turn of the millennium the FDA sent an investigator to inspect the manufacturing site in the south of France in May 2000. Subsequently, the FDA wrote to the founder of PIP, Jean-Claude Mas, with a warning stating that the implants were “adulterated” and listing at least 11 deviations from good manufacturing practices.

French Insurance to File Complaint on PIP Breast Implants

Article by
Kevin Timms

The French national health insurance agency has stated it will file a criminal complaint in respect of the PIP breast implant scandal, following the recommendation by the French health authorities that all 30,000 French women with PIP breast implants have them removed.

The French insurance agency will make its complaint on the grounds of deception and fraud. A director of the insurance agency said “It now appears pretty clear that these breast implants did not meet the specifications imposed for these products … That will surely have damaging consequences for the patients … and there will be a significant cost for social security also so in this context it is normal and natural for us to file a complaint”.

PIP Breast Implants – Venezuela recommends removal

Article by
Kevin Timms

Venezuela’s government has offered to remove, but not replace, PIP breast implants as a result of the risk of premature rupture.

Venezuela’s Health Minister said that there are concerns about early failure rates of PIP breast implants and that many PIP breast implants had been imported illegally.

Whilst the French authorities have confirmed there is no cancer risk associated with PIP breast implants, they have confirmed that the French government will pay for the cost of removing PIP breast implants from the 30,000 women in France with them.

PIP Breast Implant Compensation Claims

Article by
Kevin Timms

PIP breast implants have been proven to be of a substandard quality. The French Health Authorities have recommended all 30,000 women with PIP breast implants in France to have their breast implants removed. However, the MHRA, the UK medical device regulator has stated there are no reasons for removal of PIP breast implants or even to have routine ultrasounds.

However, unlike the French authorities, the MHRA have only conducted testing on the toxic properties of the PIP breast implants and not the physical and mechanical properties.

PIP Breast Implant Scare Leads to Arrest

Article by
Kevin Timms

Interpol are seeking the founder of Poly Implant Prothese, Jean-Claude Mas for offences relating to “life and health”.

The warrant for Mr Mas’ arrest relates to the issues surrounding the PIP breast implants and global health crisis that these controversial implants have caused. In the UK it is thought that 40,000 to 50,000 women have PIP Breast Implants.

The French health authorities have recommended that all 30,000 French women have their PIP breast implants removed as a “preventative measure”.

PIP Breast Implants – Update

Article by
Kevin Timms

The French health authorities have confirmed today that there is no associated risk of cancer with PIP breast implants. However, they acknowledge that there are inherent defects in the PIP breast implants and as such, have taken a preventative measure (rather than a precautious measure) to recommend explanation to all women who have PIP breast implants in France.

The UK medical device regulator, the MHRA, have not followed suit. The MHRA have today released a press statement that they do not believe there are health risks associated with PIP breast implants. However, they have failed to make comment on the French testing into the standard of these implants and their lack of durability. They have not taken any action to try and establish what trends are appearing with respect to PIP breast implants and have only relied on adverse incidents reported to them.

PIP Breast Implant Register

Article by
Kevin Timms

If you have PIP Breast Implants join the National PIP Breast Implant Register. Simply enter your contact details and a member of our PIP breast implant team will call you back within 14 days to take your full registration details.

Garden House Solicitors have set up the National PIP Breast Implant Register in order to identify the true extent of how PIP breast implants are affecting women within the UK.

We will release the statistics found from the Register so that all those on the Register are kept up to date with its progress. We also intend to work with medical professionals in the near future and obtain an expert opinion on the standard of PIP breast implants in comparison with other breast implants on the market.

PIP Breast Implants – A Health Crisis

Article by
Kevin Timms

The Situation In France

There is now a health crisis reported in France in respect of the defective PIP breast implants.

Last week Professor Jean – Yves Grall, Director General of Health in France stated that 8 cases of cancer have been noted in patients who had defective PIP breast implants. The French Health authorities are now saying that all 30,000 women in France should have their PIP breast implants removed.

PIP Breast Implants – what is wrong with them?

Article by
Kevin TImms

The French medical device regulator, AFSSAPS has conducted extensive testing on the PIP silicone breast implants. By June 2011 all their tests had been completed and they condensed the results into one Topical Report. This report showed that there were many issues with the PIP breast implants, including:

• The silicone gel used in PIP breast implants is not the same as that described in the manufacturer’s design profile
• The silicone gel used in the PIP breast implants does not reach the required degree of quality for a silicone gel intended for breast implants
• The shell of the PIP breast implants is more fragile than it should be
• The silicone gel used with PIP breast implants can react with body tissue causing an inflammatory reaction
• There is an inherent irritant property within the PIP breast implants
• The PIP breast implants have not been shown to be toxic
• The PIP breast implant gel can perspire (ooze) through the implant shell and is most likely to occur during the first three years following implantation and is difficult to detect with an ultrasound or MRI scan

All Breast Implants - MEDICAL DEVICE ALERT

Article by
Kevin Timms

The MHRA has reported that there is uncertain evidence that women with breast implants may have a very small but increased risk of anaplastic large cell lymphoma of the breast. The MHRA commented in a Medical Device Alert on 16 February 2011 as follows:

“The FDA recently published a Safety Communication entitled ‘FDA Medical Device Safety Communication:

Reports of Anaplastic Large Cell Lymphoma (ALCL) in Women with Breast Implants

Rent Arreas and Possession Proceedings

Article by
Kevin Timms

Claiming Possession from Unpaid Rent Arrears

If you are evicting a tenant based upon unpaid rent arrears (2 months/8 weeks), the court will require a statement showing such rent arrears before proceedings are issued and before the court hearing takes place. You must note that in many cases the tenant will not pay the due rent arrears once vacating the property. There are a number of reasons why this may be but generally, if the tenant cannot afford to pay you in the first instance, they will be unwilling and unable to pay once you have possession. However, it is a formal requirement that a statement of account is provided to the court.

How to Obtain Order for Possession - Assured Shorthold Tenancies

Article by
Kevin Timms

The majority of private landlords are leasing their properties to tenants for a fixed period of time under an Assured Shorthold Tenancy. An Assured Shorthold Tenancy allows landlords the right of possession after the fixed term has expired unless there is a reasonable ground to gain possession of the property during the fixed term. The contrast to this being an Assured Tenancy where the landlord does not have an automatic right to possession of the property when the tenancy comes to an end.

As many landlords will know, it is particularly difficult to obtain possession of their property by evicting such tenants when a problem arises, such as unpaid rent or the tenancy coming to an end and the tenant being uncooperative. In the situation where a landlord knows that rent will not be paid, there is an urgency to obtain a possession order so that the landlord may once again return to profit.

Personal Injury Specialists Solicitors

Article by
Kevin Timms

Garden House Solicitors is a specialist firm of personal injury solicitors with experience with experience in making claims for many different types of injuries. Our experienced personal injury solicitors make personal injury claims ranging from accidents on the road to accidents at work (employers liability) and defective product claims against product manufacturers. We have the experience and knowledge to deal with individual claims and group actions. We make claims for accidents and injuries in the UK and overseas.

We understand our client’s needs following what can be a traumatic and painful experience and we will ensure that you receive 100% of the compensation you deserve and funding for any rehabilitation or future care that you may require. We will also make prompt applications for interim payments for your lost earnings and any treatment you may need.

DePuy ASRs Chain Reaction of Damage

Article by
Kevin Timms

The New York Times released an article entitled Remedy is Elusive as Metallic Hips Fail at a Fast Rate. This article explains the true extent of damage which can be caused by an artificial hip implant manufactured by DePuy International Limited, the DePuy ASR hip implant.

The extent of the injuries were described as a biological dead zone. Though all hip implants will wear with time, the article details the severity of the injuries which can occur in younger individuals as a result of cobal and chromium debris wear from the DePuy ASR hip implants.

DePuy ASR Hip Implant Failure Rate at Six Years Confirmed by British Studies

Article by
Kevin Timms

British studies have revealed new information on the artificial hip implant protheses manufactured by DePuy International Limited, the DePuy ASR hip implants.

These studies have shown that some 29 percent of patients who have used a DePuy ASR hip implant system have reported that their implants have failed within six years of implantation, according to the National Joint Registry of England and Wales.

Compromise Agreements

Article by
Nidhi Chopra

With the recession continuing to affect the economy, I am finding a significant increase in Employees seeking advice on Compromise Agreements that have been given to them by their Employers. 

More often than not the Compromise Agreement is presented to the Employee when the Employer wants to terminate a contract of employment, settle existing disputes and/or curtail the risk of future claims. The existence of the Compromise Agreement can be kept confidential and all discussions relating to it should be on a without prejudice basis. 

Free Will Review

Article by
Sharon Brown

Here at Garden House we pride ourselves in assisting you before a problem arises.  For that reason, we are happy to offer all new and existing clients a free Will review. 

Regardless of who prepared your Will or when it was made one of our specialist solicitors can review the contents to ensure it still meets your current wishes and circumstances. 

Will Aid - November 2011

Article by
Sharon Brown

We are pleased to announce that we will be taking part in Will Aid in November 2011.

Will Aid is a national event whereby solicitors offer clients the chance to update an existing Will or make a new Will free of charge.  All we ask is that you consider making a donation to Will Aid, who support the work of the following charities:

• Actionaid
• Age UK
• British Red Cross
• Christian Aid
• NSPCC
• Save the Children
• SCiAF
• Sightsavers
• Trocaire

The amount you donate is entirely up to you, but Will Aid have suggested a minimum amount of £85 for a basic single Wills or £125 for ‘mirror’ Wills (Wills for a couple).  If you already have a Will and wish to update it with a ‘codicil’ the suggested minimum donation is £40.

For more details of the scheme please see the Will Aid website.  If you have any questions or would like to make an appointment please telephone 01992 422128 or email Sharon Brown – Sharon@gardenhousesolicitors.co.uk

Appointments are available throughout November but are booking up fast.

http://www.gardenhousesolicitors.co.uk/     Tel: 01992 422 128

Will a Bank Accept an Unregistered LPA?

Article by
Sharon Brown

The simple answer to this question is no.  A Lasting Power of Attorney is not valid until it has been registered with the Office of the Public Guardian. 

On the contrary, an unregistered EPA (Enduring Power of Attorney) may be accepted by banks and other financial organisations – it is at their discretion though, so there are no guarantees.  An attorney under an EPA has a duty to register the document with the Office of the Public Guardian when the donor has lost, or is beginning to lose mental capacity. 

Personal Injury Trusts - Frequently Asked Questions

Article by
Sharon Brown

What is a Personal Injury Trust?

A Personal Injury Trust is a legal document which allows any compensation you receive as a result of an accident to be disregarded when you are assessed for means tested benefits.

Also, if you believe you may need to go into residential care in the future then setting up a personal injury trust can protect your compensation from being used to pay your care fees.

State support is designed to assist people when they need it, and therefore with careful planning it is possible to retain your compensation and maximise state support.

Alzheimer's Fundraising Event 1 October 2011

Article by
Sharon Brown

On 1 October 2011 Garden House Solicitors held an event to raise funds for the Alzheimer’s Society in Benfleet, Essex.

The event was enjoyed by all.

We would like to thank the following people for attending the Essex event to provide additional information to the public:

Product Liability Claims - What You Need to Know

Article by
Kevin Timms

Product Liability Claims
You are entitled to bring a claim against the manufacturer of a faulty product where that product has caused you personal injury or damaged your property. This covers all products from general household goods and toys to medical devices, such as hip implants and PIP breast implants.

Re M - High Court Ruling 29th September 2011 - The Right to Die

Article by
Sharon Brown

Many people have been following the sad story of the brain injured lady known as M. It was announced in the press yesterday that Mr Justice Baker in the High Court ruled that M should not be allowed to die.

Her family had argued that they wished her life support machine to be turned off as she was in pain and would not have wanted a life where she was dependent on others. The Official Solicitor and the local authority responsible for her care opposed the application.

DePuy Product Liability Claims

Article by
Kevin Timms

Garden House Solicitors are acting on behalf of a number of individuals who have suffered injuries as a result of a defect in the artificial hip implant manufactured by DePuy International Limited, the DePuy ASR hip implant. This has been highly reported by Dispatches .

DePuy International Limited has recalled all the ASR devices and the recall relates to both the total hip replacement and the resurfacing devices.

What is 'Probate'?

Article by
Sharon Brown

The loss of a loved one is always a difficult time, and being confronted with legal terms such as ‘Grant of Representation’ is not helpful. It can be daunting and confusing trying to plough through legal processes and work out what actually needs to be done. Many people mistakenly believe that a Grant is always needed but this is not the case; it is dependent on the value of the estate and whether any assets were owned jointly with someone else or held only in the deceased person’s sole name.

Have Your Circumstances Changed?

Article by
Sharon Brown

When was the last time you reviewed your Will?

Many people finally get round to making their Will, breathe a sigh of relief and forget all about it. Whilst a Will can cover many different eventualities, it is still vitally important that you regularly check the contents to see if it still meets your exact wishes and requirements.

How often should I review my Will?

We recommend that you review your Will at least every couple of years, and in particular if any of the following situations are relevant to you: 

Frequently Asked Questions on Powers of Attorney

Article by
Sharon Brown

Is my Enduring Power of Attorney still valid?
Since October 2007 it has not been possible to prepare new Enduring Powers of Attorney (EPA’s), but any documents made before that date are still valid.

What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a special type of power of attorney which allows the donor to choose someone to act on their behalf and to make decisions for you if you lose mental capacity. There are two types of LPA, one to cover your Property and Financial affairs and one to cover your Health and Welfare.