Case study of a successful breast implant claim
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Our client underwent a breast augmentation with the Harley Medical Group. PIP breast implants were fitted by the surgeon, but unfortunately these ruptured. She returned to the Harley Medical Group who agreed to remove the breast implants. However they refused to replace them free of charge.
Her surgery was arranged through Transform. Following surgery the she was aware that there was asymmetry in the size of her breasts. She raised this issue with the Defendant who tried to put the blame on her for asking for the same size implants! He offered to exchange the implants, but said she would have to pay the medical fees involved.
Understandably, our client did not want to live with asymmetric breasts. There were also major physiological issues affecting her. In addition to having breasts of different sizes she had visible rippling on the right breast near her cleavage. She was also suffering permanent pain in her right breast and encountering difficulty breathing, making it painful for her to inhale and exhale. Accordingly she arranged for the implants to be removed by a different surgeon.
Having had the implants removed the she consulted us about the possibility of making a breast implant claim. We provided a free case assessment and agreed to pursue a compensation claim on a No Win – No Fee basis.
We obtained expert medical evidence from an independent cosmetic surgeon. The surgeon’s medical report was supportive of the our client’s case. When this evidence was disclosed to the defendant’s insurers it persuaded them to enter into settlement negotiations.
Following a series of ‘without prejudice’ discussions an out of court settlement of our client’s breast implant claim was reached. This provided her with a compensation package for the ‘pain and suffering’ she had endured along with her financial expenses, including all the medical fees she had paid.