In December 2011, news broke that breast implantssupplied by the French manufacturer, Poly Implant Prosthèse (PIP) and used in Europe since 2001 contain sub-standard non-medical grade silicone. The rupture rate in PIP breast implants was confirmed as being much higher than other types of silicone. So, concerns were raised that when they do rupture, they release non-medical-grade silicone into the body, and this may have harmful effects. Disgruntled patients are fighting for compensation and the removal and replacement of these implants.

Could medical tourism agencies be held liable?

Medical negligence law within Europe mostly assumes that the hospital/clinic is liable for any negligent act, although in some cases the doctor/ surgeon can also be personally liable.

But the law has not caught up with the world of medical tourism where the customer arranges treatment via a medical tourism agent; and there are many unanswered questions on whether the agent is an agent of the customer or of the hospital or both.

Agencies have assumed that, as most claims are in tort (a civil case for negligence), that they cannot be guilty of anything, as they have no control over the medical procedures. But it appears likely that class actions on PIP implants will be under contract law, which makes the person the customer dealt with the primary culprit. This could be deemed to be the agent or facilitator.

Planned class/group actions from 50 law firms on behalf of 40,000 UK women who had PIP implants may, or may not, produce guidance. The claims could be made both under standard negligence (tort) and also under contract law. Under contract law, the argument is whether or not the contract is with the hospital or with the agent or the surgeon, or some combination. In any group action it would be normal for lawyers to jointly sue the agency and the clinic to ensure no wriggle room and leave the defendants to argue who pays what share of any damages and costs.

http://www.imtj.com/articles/2012/pip-breast-implants-medical-tourism-30130/

Westminster Magistrates’ Court heard that the woman, who wishes to remain anonymous, was waiting at a bus stop in York Road in London, when the incident took place on 26 September 2008.

A nearby office block was being refurbished by Concentra Ltd and the firm had erected a mast climber around the building, which allowed workers to be raised and lowered on the outside of the building.

Workers were using a crane and lifting slings to raise an air-handling unit, which weighed 380kg. The crane was not fitted correctly and the unit struck the mast climber during the lift, knocking it out of the sling and causing it to fall 15 metres. The unit landed on the woman and she suffered multiple broken ribs and minor head injuries. She spent eight days in hospital owing to her injuries.

The HSE visited the site on the day of the incident and issued a Prohibition Notice, which ordered Concentra to stop lifting equipment until a safe system of work was put in place.

http://www.shponline.co.uk/incourt-content/full/ventilation-unit-fell-15m-from-crane-and-hit-pedestrian

Cash awards increased by around a fifth in just 12 months following a flood of complaints led by Britain’s biggest classroom unions, it emerged.

In one case, a teacher won £158,000 for slipping on mud left on the floor by builders working on a school extension – badly injuring her back.

One teacher was handed £45,000 after falling from a desk while putting up a classroom display and another received almost £26,000 for slipping on a book and hurting her wrist.

Dozens of others won compensation after being attacked by children and parents.

Liverpool Crown Court heard that this incident took place on 18 August 2010 at Cammell Laird Shiprepairers and Shipbuilders Ltd’s plant in Birkenhead.

Robert Dunroe, 62, was using a forklift truck to transport heavy welding equipment across the plant, despite not being trained to use the vehicle. While driving the truck he was crushed between the vehicle and a lifting beam used on a crane. Another employee ran over to the vehicle and reversed it, releasing Mr Dunroe, but he died from his injuries four days later. SHP is currently awaiting more detail from the HSE about how the incident took place.

The HSE’s investigation learned that keys were routinely left in the ignition of forklifts, and Mr Dunroe had driven the vehicles on several other occasions. HSE inspector Richard Clarke explained that the company had failed to put procedures in place to ensure only authorised employees were able to drive the trucks.

http://www.shponline.co.uk/incourt-content/full/shipbuilding-firm-fined-for-forklift-fatality

Between October 1952 and September 1958, the MoD carried out tests of nuclear devices in the South Pacific. More than 1000 claimants – mainly soldiers, sailors and airmen – have been fighting for the right to launch damages claims against the Ministry for more than two years.

They say that they were exposed to fallout radiation from the tests and that this exposure has caused illness, disability, or death. The MoD acknowledges a “debt of gratitude” but denies negligence.

In early 2009, Mr Justice Foskett ruled that 10 lead claims could proceed to trial, although he also suggested that they might be settled through mediation. The MoD challenged the decision and took the case to the Court of Appeal, which, in 2010, overturned the original ruling.

http://www.shponline.co.uk/news-content/full/veterans-lose-mod-ill-health-claims-appeal

Nazar Hussain, 55, was inside a depalletiser when one of his colleagues re-started the machine unaware that he was inside. The incident took place on 7 December 2008 at Nestlé’s Albion Mill plant in Halifax.

It is thought that Mr Hussain may have entered the depalletiser to remove a blockage, as earlier in the day some large sweet tins had become jammed in the machine, causing an alarm to sound.

Later that day, the machine’s alarm sounded again and a worker, who had been covering for Mr Hussain while he was on a break, went to investigate. He walked around the machine and could not see anyone inside so he re-started it. The machine immediately shuddered and stopped, and the alarm re-sounded. Mr Hussain’s crouched body was discovered inside the machine and he was pronounced dead at the scene.

http://www.shponline.co.uk/incourt-content/full/nestl-fined-180-000-for-machine-crush-fatality

Warwickshire County Council appeared at Wolverhampton Crown Court today (20 January) to face a charge brought by the Crown Prosecution Service (CPS) over the deaths of Ian Reid, John Averis, Ashley Stephens and Darren Yates-Badley, who lost their lives in the blaze at Atherstone-on Stour, in November 2007.

The council admitted a failure to ensure the safety of employees under s2(1) of the HSWA 1974, but the plea has been entered on a limited basis.

In a statement, the council’s lawyer, Chris Green of Weightmans, said: “Warwickshire County Council has today entered a guilty plea to the charge it faces in connection with the Atherstone fire. That plea is entered on a limited basis and we should make it clear that we do not accept many of the allegations made by the prosecution.

“We believe it is very important that we say nothing that in any way prejudices the legal proceedings about these tragic events, so we will not be saying anything further except that our thoughts today are with the families and friends of all those affected by the Atherstone fire, just over four years ago.”

http://www.shponline.co.uk/incourt-content/full/council-pleads-guilty-in-fire-fighter-warehouse-deaths-case

More than 500,000 patients in the U.S. and 40,000 in the U.K. have metal-on-metal hips and are at higher risk of device failure, according to the analysis, which was published today in The Lancet. Failure rates were as much as four times higher in women, who are likelier to have implants containing a larger prosthetic femoral head.

The use of larger metal implants became popular because it was thought that they reduced the likelihood of dislocation and were highly resistant to wear, researchers led by Ashley Blom from the University of Bristol in the U.K. wrote in the study. Manufacturers of the devices include Johnson & Johnson, Zimmer Holdings Inc. (ZMH) and Smith & Nephew Plc. (SN/)

http://www.businessweek.com/news/2012-03-12/metal-on-metal-hip-implants-should-be-banned-review-says

The MHRA has written a letter to the editor of the Sunday Times in response to their following article:

‘Row over adviser on metal hips’ (11 March 2012)

The story claims that the MHRA said that “in line with its usual practice, it had not asked John Skinner (who is the chairman of the MHRA’s expert advisory group on metal-on-metal hips) about commercial links with hip manufacturers before he joined the group”.

The MHRA made no such statement. Further John Skinner did disclose to  the MHRA on the 21 June 2011 that he was associated with the London Implant Retrieval Centre that receives funds from the Association of British Healthcare Industries through the British Orthopaedic Association. Specifically he also disclosed that this centre was in receipt of a grant from Johnson & Johnson.

John Skinner has fully complied with the MHRA’s normal practice in relation to the declaration of conflicts of interests

http://www.mhra.gov.uk/NewsCentre/CON146674

Sitting on 20 January, the Central London Employment Tribunal ruled against Dave Smith, 46, who had worked in the past through an employment agency for respondents in the hearing, Carillion (JM) Ltd and Schal International Ltd (a wholly-owned subsidiary of Carillion). Despite the fact that the companies agreed, before the hearing, a joint statement of facts with Mr Smith, in which they stated that they had blacklisted him, the Tribunal found that because Mr Smith was not a direct employee of the companies, he could not win the case.

The extent of blacklisting of workers in the construction industry by some of its major players came to light in early 2009, following a raid by the Information Commissioner’s Office on a West Midlands-based firm called The Consulting Association. The firm charged construction employers to subscribe to its database containing the personal details of ‘’troublesome” workers.

http://www.shponline.co.uk/news-content/full/tribunal-rules-against-worker-blacklisted-for-raising-health-and-safety-concerns