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Medical Devices & Products -The Best of Times and the Worst of Times

Corries medical products claims team are here to help you if you have had problems after using a medical device. Our team have specialist knowledge of hip implants and vaginal mesh products.

Helen Richardson, Corries dual qualified Barrister/Solicitor reports on the law and possible changes needed in the future.

Helen Richardson
Helen Richardson – Barrister/ Solicitor at Corries

Recent Developments

Over recent months the media has been awash with articles about Claimant’s engaged in litigation against manufacturers of medical devices and products. These products are often heralded as a great advances in terms of care when they are released. The reality when they have been used often proves less than satisfactory.

At Corries Solicitors Ltd, our clinical negligence department is currently helping a number of Claimants who have suffered adverse effects following metal on metal hip transplants, and as a consequence of gynaecological mesh implants.

 

The Consumer Law – Risk v Benefit

The basis for all such claims against the manufacturer falls under the Consumer Protection 1987. This act states  – very simply – that any product should simply be fit for purpose and free from defect.

Of course the devil is in the detail. What defines defect in the context of a medical product where there will inevitably be a percentage of risk, is often based upon a risk v benefit assessment.

If the number of patients benefiting from a product outweighs the number who suffer adverse consequences, this will usually be enough to settle the category/ classification of a medical product or device. This then feeds into any limitations or requirements imposed for regulation.

Over a course of time, as more patients use the product this scenario may change. The more evidence is collected, the risk v benefit assessment may begin to shift.

Medical products – our findings

At Corries this is what we see happening in relation to data on hip and mesh products.

Hip patients continue to come forward in increasing numbers complaining of apparent adverse reactions to metal ions.

Mesh patients continue to come forward complaining of mesh erosion and associated tissue and organ damage.

These increasing pattern is cause for concern for those affected. it is also a worry for those who have had the products and may be experiencing minor problems.

Unfortunately for many of these patients time is not helpful. Some patients get adverse symptoms or symptoms may be linked to the medical implant sometimes more than 10 years after the original surgery.

medical mesh
Medical mesh is sued for vaginal and other purposes

Limitation and Change to the Law

Under current Law this rules out any claim under the Limitation Act 1980 due to something called the long stop rule.

It is inevitable that the Consumer Protection Act 1987 will now be scrutinised in some detail. It is possible changes to both this act and the Limitation Act 1980 may be needed. We shall watch the ongoing litigations with a very close eye. If patients are losing out then a call for a change in the law must be strongly supported by patients and lawyers. if not many thousands of people in the UK each year could have massive changes to their lives with no consequences for the maker of the products. That cannot be right..

Corries Solicitors Ltd continue to represent and advise Claimants. We are at the vanguard of this area of law. We always continue to keep our clients and followers updated about developments.

Call us now for a free chat on 0800 655 6550 if you have been affected by a medical device or implant.

 

 

Client Testimonials

£28,000 Awarded

Gloria Langton

“I don’t think I could have coped without you and your professionalism especially on the day of the final inquest which was particularly harrowing for me. Your kindness and patience towards my father whilst he was ill was also very much appreciated.  I have and will continue to recommend you to friends, colleagues and family for your services.”

 

£19,000 Awarded

Ms Meakin

“I am very happy that this claim is now finally settled and thank you so much for the service you provided. It was exemplary. And you have been most patient with my numerous phone calls.”

£118,000 Awarded

Ms F Johnson

“I would like to thank you for your kindness to my Mother Marion Harrison during the last months regarding the claim against the MOD due to Roy’s untimely passing. Roy was one of the finest men I have ever known. Mum has appreciated all your efforts and expertise on her behalf. Thank you.”

£90,000 Awarded

Mrs V Rogers

“On behalf of Adrian and myself I would like to thank you very much for your help and endeavours to reach this satisfactory outcome.”

£22,500 Awarded

Mrs Andrews, Hertfordshire.

“I am delighted to confirm receipt of our cheque concluding our case. Thank you so much for your support throughout the process. I have really appreciated your balanced guidance and sensitivity which gave me the confidence to pursue the claim. Hopefully we won’t need your services again but if we do we will certainly be in contact! So thank you again and wishing you every success in the future.”

£55,000 Awarded

Charles & Ann Parker, Bracknell.

“Ann and I want to thank you very much for all your hard work in the successful conclusion of my case. It has been a great pleasure, once again thank you for everything”

£1,024 Awarded

Pamela Tegg, Southampton.

“I thank you most sincerely for all the effort you put in on my behalf. I hope your employers are proud of the fact you work so efficiently and to such high standards.”

£9,000 Awarded

Keith Aston, Bristol.

“Thank you for the cheque for £9,000 in settlement of my claim. Fingers crossed there will not be any further accidents; however I would like to thank you for the professional manner you dealt with my accident claim. The most important part of a solicitors job is communication and I must thank you for the way you kept me updated on what was going on.”

£130,000 Awarded

June Abbott, York.

“Thank you for handling Peters claim and getting settlement.”

 

£20,000 Awarded

Anthony Richards, Hull.

“It was always nice talking to you. You were always there! And made me feel secure and important for the few moments.”

 

Tel: 0800 655 6550 | Fax: 01904 527431 | advice@corries.co.uk

Corries Solicitors Ltd, Melroses Yard, Walmgate, York, YO1 9XF. Registered number: 5517012. Corries Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority under number: 424101. Corries are licenced by the Office of Fair Trading under the consumer credit act 1974 Ref No: 656678/1