Garden House Solicitors

The True Cost of Beauty

2012-02-23T12:08:00.004Z

Article by
Dave Koon Koon

It is the fundamental right of every individual to be compensated for the negligent act of another which causes them injury.

Many people may be aware of claims that can be made due to an injury suffered in a road traffic accident, an accident at work or even an accident in a public place but many are unaware of their rights when it comes to injuries caused by beauty treatments.

You may believe that the beauty treatments you have on a regular basis are not potentially dangerous but typical examples of beauty treatments which have led to injuries include:

Facial/eyebrow/body waxing;
Eyebrow/eyelash/hair tinting;
Eyelash/hair extensions;
Tattoo/body piercing;
Semi-permanent make-up;
Hair treatments.

As the use of very strong chemicals is prevalent in many beauty treatments the injuries that can be caused may be very traumatic and even in extreme cases fatal and are usually the result of unqualified staff, poor management/supervision, bad practices and lack of safe procedures.

Typical examples of injuries from negligent beauty treatments include chemical burns, scarring, which may unfortunately be permanent and hair loss.

If you have been the victim of sub standard beauty treatments contact Dave Koon Koon on 01992 422 128 or at dave@gardenhousesolicitors.co.uk for further advice and assistance.

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www.gardenhousesolicitors.co.uk

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

When Should an EPA be Registered?

2012-02-18T18:20:00.003Z

Article by
Sharon Brown

If you are the donor of an Enduring Power of Attorney (EPA) then you do not need to worry about registering your EPA. However, your attorney(s) have a duty to register the document with the Office of the Public Guardian at such time as you lose mental capacity or begin to lose mental capacity.

Capacity is time and decision specific and it can therefore be slightly confusing for an attorney to know exactly when they should start the registration process. Part of the registration is to notify you and at least three of your relatives, and this acts as a safeguard to prevent an attorney taking unlawful control of your affairs. If when the registration process is started, you or one of your relatives has a concern, it is possible to object to the Office of the Public Guardian on specified grounds.

If you have any queries please contact Sharon Brown on 01992 422128 or by email.

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Tel: 01992 422 128

Nearly 3,000 NHS referrals for PIP Implants following Private Surgery

2012-02-17T14:29:00.002Z

Article by
Kevin Timms

Over 2,800 women have sought assistance from the NHS where their private cosmetic surgery clinic no longer exists or refuses to assist their patients.

The Health Minister, Anne Milton, said “Most patients who have been forced to get help from the NHS … seem to be choosing not to have their implants removed”. She also stated “This appears to show that these women are getting the reassurance they need from speaking to an expert or having a scan”.

What the Health Minister fails to understand that the NHS is only offering removal of PIP implants and therefore anxiety and emotional trauma is likely to continue for women who wish to have their implants replaced. This, like the data the Government is relying on when advising women with PIP implants is based on false assumptions. It also shows a clear lack of understanding, on the part of the Health Minister, of the issues women are concerned about and how women are feeling after NHS consultation.

This has been illustrated by Fazal Fatah, president of the British Association of Aesthetic Plastic Surgeons (“BAAPS”). Mr Fatah said “These figures show that a significant proportion of patients have not had the help and reassurance they need and deserve from private clinics … Judging by the number of completed episodes and removals, it’s clear that only very few are opting for removal without replacement, which is entirely unsurprising”.

If you have concerns about PIP breast implants please contact Kevin Timms or Julie Retallick on 01992 422 128 or email us at info@gardenhousesolicitors.co.uk

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

PIP Implants are Yours and Not Your Clinics

2012-02-15T18:39:00.005Z

Article by
Kevin Timms

The Problem

An increasing number of our clients are being told by their clinics and surgeons that when their implants are removed and/or replaced that their PIP implants cannot be given back to them as their “PIP implants are medical waste”.

This practice is not acceptable and it is vital that any women who are having their PIP implants removed are given their implants back following surgery as those implants are evidence for any PIP implant claim that an individual may have.

Our Advice

Ensure you have written confirmation from your clinic and surgeon that your implants will be given back to you. If this is refused then contact Garden House Solicitors. We will write to your surgeon and clinic explaining the legal position – the PIP implants are your property and must be given back to you – if the clinic refuses to do so we can obtain an injunction from the High Court to stop the clinic disposing of the PIP implants as “medical waste” and to ensure that the PIP implants are given beck to you.

If you have PIP implants and are concerned please speak with Kevin Timms or Julie Retallick for further information on 01992 422 128 or email us at info@gardenhousesolicitors.co.uk.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

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http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

What is Wrong With PIP Breast Implants?

2012-02-14T10:47:00.005Z

Article by
Kevin Timms

The European Commission has engaged the services of the Scientific Committee on Emerging and Newly Identified Health Risks to compile a report (“the Report”) on breast implants manufactured by Poly Implant Protheses (“PIP”).

The Report was published on 1 February 2012 and deal with the primary problems with the PIP breast implants.

The Report found that the evidence available indicates that many PIP breast implants were manufactured from industrial grade silicone which is of lower quality than medical grade silicone.

The PIP breast implant silicone is lower quality than medical grade silicone because it appears to be associated with a higher content of low molecular weight components. The Report concluded that the shell of PIP breast implants might be weakened as a consequence of the migration of these components and that the components could leak to the surrounding tissue. The French have conducted tests on the physical integrity of the PIP breast implant shell which showed a weakness in PIP shells not found in other implants available.

As regard toxicity effects the Report concluded that there is no risk of cancer or other toxic effects but there are irritancy features associated with the PIP silicone gel. This has the potential to cause local irritancy which may manifest in sore or enlarged lymph nodes. The Report stated that the positive result in an irritancy test for women with PIP breast implants are currently uncertain and further investigation is required.

If you are concerned about PIP breast implants please contact Kevin Timms or Julie Retallick on 01992 422 128 or email us at info@gardenhousesolicitors.co.uk

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

Watch our TV apearances.

Follow Kevin Timms on Twitter.

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

New France Data on PIP Breast Implants

2012-02-13T11:27:00.007Z

Article by
Kevin Timms

The French medical device regulator AFSSAPS has released further data with regard to the rupture rates of faulty breast implants manufactured by Poly Implant Protheses ("PIP").

1379 PIP breast implant ruptures have been reported to AFSSAPS between 2001 and January 2012. Of these PIP breast implants 55% ruptured within the first five years of implantation. AFSSPAS have stated that the early ruptures were as a result of PIP breast implant failure.

In addition to the reported PIP breast implant ruptures, 875 inflammatory reactions were reported to AFSSPAS and 73% of these were not associated with a rupture.

Furthermore, AFSSAPS have confirmed that they have ordered the routine removal of PIP breast implants for preventative reasons (as opposed to precautionary) and that the removal procedure was not urgent.

For further information on PIP breast implants please contact Kevin Timms or Julie Retallick at Garden House Solicitors on 01992 422 128 or email them at info@gardenhousesolicitors.co.uk

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

Watch our TV apearances.

PIP Breast Implants – UK Remains Ignorant Whilst Europe Takes Action

2012-02-12T22:25:00.006Z

Article by
Kevin Timms

The UK Government has finally started to take concerns of women with Poly Implant Prothese ("PIP") breast implants into account but the approach is still carried out in ignorance.

The Government is to hold a crisis meeting with the private cosmetic surgery clinics on 13 February 2012. This will undoubtedly put more pressure on the clinics to take further responsibility but this, regretfully, does not mean that the Government will be publicly accepting the inherent defects in the implants – only then will the private cosmetic surgery clinic feel an obligation to assist women with PIP breast implants.

The Government should take a lead from Europe. France, amongst many other EU countries have recommended that women with PIP breast implant have them removed and the UK Government still maintains that there is no evidence to suggest a higher rate of rupture in PIP breast implants. This is without reference to the fact that many women may experience a silent rupture or be unaware that their PIP breast implants are leaking.

The European Health Commissioner, John Dallii, has said that he remains “deeply concerned” about the potential health impact for women in Europe and elsewhere over the faulty breast implants manufactured by Poly Implant Protheses.

He said “I am deeply concerned about the potential health impact for the many women, in Europe and in other parts of the world, Who received faulty silicone breast implants manufactured by the French company PIP. The Consequences for their health are still uncertain”.

Mr Dalli has written to the health ministers in all 27 member states laying out steps to tighten control in the cosmetic sector to “restore trust in our regulatory system … outlining a plan of immediate actions that we can together implement on the basis of existing legislation in the course of the next 12 months”.

If you have concerns about PIP breast implants and would like further information of would like to join the Garden House Solicitors Group Action please contact Kevin Timms or Julie Retallick on 01992 422 128 or email us at info@gardenhousesolicitors.co.uk.

Garden House Solicitors have specialised in PIP breast implant compensation claims since May 2010.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

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Garden House Solicitors New Blog Layout

2012-02-10T00:08:00.005Z

We have dropped the 'Garden' theme and have changed the look of our Blog. Please let us know what you think of it in the comments box below. What do you think is good and what do you think could be done to improve it?

Please also make sure you follow our blog by email for all the latest updates from Garden House Solicitors. We have been hugely busy recently so there has been less articles than normal so this means we have all the more to start sharing with you shortly! Follow the Garden House Solicitors Blog on the right -->

Also look out for our success stories which will be added shortly!

Be sure to let us know what you think below.

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

PIP Breast Implant – “Health Before Wealth” – The Harley Street Protest

2012-01-14T19:27:00.006Z

Article by
Kevin Timms

Approximately 60 women went on a Harley Street protest today in an attempt to pursued private cosmetic surgery clinics to remove and replace faulty PIP breast implants.

The protesters staged their protests outside the Harley Medical Group and the Transform Medical Group, two if the largest cosmetic surgery clinics providing PIP breast implants. Both clinics have refused to replace PIP breast implants free of charge.

The Harley Medical Group has provided PIP breast implants to almost 14,000 women.

Many women cannot afford to have their implants replaced and in any event, clinics have a legal duty to cover the costs of revision surgery, compensation for personal injuries and other financial losses associated with problems with the PIP breast implants.

Many clinics have stated that they cannot afford to replace PIP breast implants or pay for scans. However, they have failed to mention that their losses are recoverable from their PIP breast implant supplier.

If you have PIP breast implants and wish to make a claim against your clinic please call us on 01992 422 128 or email us: info@gardenhousesolicitors.co.uk .

We are interested to hear your thoughts on whether you think the clinics can pay for revision surgery or how you think the matter should be handled – please put your comments below.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.
Watch our TV apearances.

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

National Press Advertising Campaign - PIP Breast Implants

2012-01-14T11:17:00.005Z

The Government will run a national press advertising campaign this weekend advising women what to do if they have PIP breast implants.

Adverts will appear in national newspapers followed by websites from Monday, while GP surgeries and other parts of the NHS will be urged to display the adverts.

The advice reiterates the Government's view that there is no evidence to support routine removal of the implants unless women have symptoms such as pain and tenderness.

It stresses that experts have found no link with cancer and there is no clear evidence of an increased risk of harm compared to other brands of breast implants.

Around 40,000 women in the UK received PIP implants manufactured by the now closed French company Poly Implant Prostheses (PIP).

The implants were filled with non-medical grade silicone intended for use in mattresses.

The adverts tell women to find out if they have PIP implants by checking their medical notes free of charge.

Those women who had them on the NHS - around 5% of the total - will receive a letter in the next few weeks.

All women are urged to speak to their GP or surgeon, whether they had the operation on the NHS or privately.

The adverts say patients who had their surgery on the NHS will be able to have the implants removed and replaced free of charge.

Women who had the implants done privately will need to speak to their clinic to see if they will also replace them for free.

If a private clinic refuses to do so or no longer exists, the NHS will also pay to remove, but not replace, those implants if the woman's GP agrees and there is clinical need.

Clinical need may include a patient who is extremely anxious about the implants, or if there is a medical reason.

Earlier this week, Harley Medical Group, which fitted PIP breast implants to almost 14,000 British women, said it will not replace them free of charge.

The firm fitted more of the implants than any other UK cosmetic surgery firm but claims replacing the banned implants would put it out of business.

Another private company, Transform, has also said it will not replace the implants for free.

Other providers, including BMI Healthcare, Nuffield Health and Spire, have agreed to free removal.

Health Secretary Andrew Lansley said: "My aim throughout this situation has been to protect the health of women with PIP implants.

"The refusal of some clinics to help their patients has left some of those women worried and confused.

"That's why we are running this ad campaign, to give women clear, definitive advice about what course of action they should take. I hope it helps women decide what is best for them.

"We have made it very clear to private companies what we expect of them - to provide their patients with the aftercare that they need and deserve.

"I do not think it is fair to the taxpayer or other NHS patients for the NHS to foot the bill.

"We will pursue private clinics with all means at our disposal to avoid this."

Yesterday, the trade body representing private clinics claimed women are more "confused and anxious" than ever following Government advice.

Sally Taber, director of the Independent Healthcare Advisory Services (IHAS), said providers were affected by a "failure" of the Medicines and Healthcare products Regulatory Agency (MHRA) to detect the faulty implants.

The British Association of Aesthetic Plastic Surgeons (BAAPS) said it believes the implants should be removed as a precaution.

A poll of 230 of its members found 95% agree it should be private clinics and hospitals that should pay for replacement surgery for private patients, rather than the taxpayer.

BAAPS president Fazel Fatah said: "We remain steadfast in our recommendation to the public of precautionary removal of these defective devices.

"Although there is no immediate health risk, the gel within these implants is simply not meant to be inside the human body.

"It does not surprise me that our membership agrees that the NHS and therefore the taxpayer should not be burdened with the cost of these operations.

"There are a few clinics that continue to refuse to assist their patients but they do not encompass the whole of the private sector - they represent a disappointing and increasingly isolated element still not putting patients' peace of mind and therefore quality of life ahead of commercial considerations."

BAAPS has issued a directive to all its members who may have used PIP implants to replace them for free.

Professor Sir Bruce Keogh, NHS medical director and leader of the expert group on PIP implants, said: "At present there is insufficient evidence to recommend routine removal of these implants.

"But I know women will be worried. That's why the expert group supports the NHS offer and believes the private industry should do the same."

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

Government Commissioned Report on PIP Breast Implants - Our Thoughts

2012-01-14T10:53:00.006Z

Article by
Kevin Timms

Andrew Lansley, the Health Secretary, commissioned a report into the problems with PIP breast Implants. The result of the report was that those on the NHS who have been provided with PIP breast implants could have them removed and replaced where there was a clinical need and those who had surgery privately, but where there clinics were no longer in business or refused to assist, would be able to have their PIP breast implants removed only where there was a clear clinical need.

There are a few critical issues I think have been overlooked from Andrew Lansley's report.

Though it is accepted that the UK data is inconclusive, this was obvious from the outset. There has been no evidence to suggest that the UK authorities have considered the French, German, Czech Republic, Costa Rica and Venezuelan data. Furthermore, there has been no evidence that the UK authorities have considered the French test results on the implants.

The French regulator released a Topical Report in June 2011 detailing all the problems with the PIP implants. I accept the MHRA conducted testing on whether the implants can cause cancer or other toxic effects. What they should have done, considering more women in the UK have these implants than in France, is convene their expert advisory panel in 2010 to conduct their own independent tests on the implants as a whole. I do not believe that, until very recently, the MHRA considered the French test results and only focused in the inaccurate, voluntary adverse incident reports from clinics. The MHRAs role is to investigate and no meaningful investigation has taken place prior to now, but why has it taken almost two years?

The MHRA has not commissioned testing into whether the implants shell is satisfactory, what materials are in the unauthorised gel and what effects the irritant properties in the gel can have on the human body. Garden House Solicitors has commissioned testing on the implant shell and has confirmed that the particular implant tested does not conform to international standards by quite a considerable amount. Furthermore, the PIP silicone gel can 'run' whereas competing implants with a cohesive gel binds itself together and by design does not leak. We continue to have PIP breast implants examined.

Another issue with the data is that it could never be accurate as the government has concentrated on the rupture rate on PIP implants and comparing that with available data of other implants on the market. However, PIP implants, unlike others, can perspire (or ooze) silicone gel through the implant shell, usually within the first three years, meaning early exposure of the unauthorised gel to women. The data will also not be accurate as there can be 'silent ruptures'. The government should therefore investigate all the issues with the implant - not only if they have a higher rupture rate.

Furthermore, the MHRA is also to take into account adverse incidents reported by the manufacturer. However, PIP has a history of non reporting which the MHRA should be well aware of. PIP manufactured hydrogel breast implants which were recalled in 2000 due to toxicity concerns. Many claims were brought in the UK and PIPs insurer would not indemnify the company as a result of the company's failure to report adverse incidents. PIP therefore has a questionable past and should have therefore been under closer scrutiny.

This is the reason Garden House Solicitors has set up the National PIP Breast Implant Register to take into account approximately how many people are likely to have suffered a rupture or experienced adverse symptoms as a result of silicone leak without a rupture, thereby widening the scope of those actually affected by PIP breast implants as opposed to solely concentrating on the scope of those generally affected by other breast implants, namely a rupture only. It has to be acknowledged that PIP breast implants have different characteristics to other implants on the market - I have been pressing the MHRA since 2010 to confirm this.

The MHRA has consistently stated, until very recently, that there were no health risks associated with the implants. Whilst it is accepted across the board that there is no link to cancer, there are still serious health risks. If an implant ruptures and the silicone leaks into the lymph nodes more extensive surgery is required. The Lansley report states that "The NHS will support removal of PIP implants if, informed by an assessment of clinical need, risk or the impact of unresolved concerns, a woman with her doctor decides that it is right to do so. The NHS will replace the implants if the original operation was done by the NHS ... [they] expect private sector providers to take similar action".

Clearly this indicates that there must be a clinical need before implants will be removed, however, they will remove where exceptional concerns are not satisfactorily dealt with. The report further states that those who had surgery privately can have their implant "removed" where their clinic will not assist them or where their clinic is no longer in existence. This suggests that women who cannot afford to replace their implants will have to wait until they suffer a rupture and a leak of unauthorised silicone gel into their body before the defective PIP breast implants can be removed.

When you strip away the complications of funding and private vs public sectors, you see that the implants were put there for a reason (what ever that reason was - we are after all in today's society not supposed to be judgmental). If PIP breast implants are removed only under ruptured circumstances and women are left without implants (where they would otherwise wish to have them replaced) following a particularly prolonged period of having these implants and having suffered a rupture and additional health risks associated, there will clearly be subsequent psychological symptoms. These symptoms in themselves may affect individuals to a degree where the NHS will have to treat them in any event. These women will then suffer financially by having to save up for further surgery, which again, will involve further surgery risks.

The legal position is that the clinics should foot the bill and pay additional compensation but many are incapable of funding the surgery. However, the legal remedy is not a quick one and considering the mental anguish experienced by women and the risks associated with rupture, which could happen at an unknown time, something needs to be done to protect the interests of these women. Women with PIP breast implants need a proper investigation, not a hard time trying to get in contact with their clinic. The most accurate way of establishing problems is by way of an MRI scan as often ultrasounds do not necessarily show leaks or abnormalities. This should be available to all. This is not as a result of the legal issues but the risk to the health of these women.

The French and Germans have order the removal of PIP implants to 'prevent' (as opposed to a precautionary measure) problems arising in the future. The Welsh have confirmed they will also replace PIP breast implants used in the private cosmetic surgery industry. The removal of lymph nodes is generally associated with cancer surgery and we do not know what the long term effects of silicone being left in the body are. We know they are not as serious as cancer but any health risk should be avoided where possible.

I think a lot of this is common sense and I am surprised that the UK authorities have taken this long to take the concerns with PIP implants seriously. It has been known for almost two years that the silicone was unauthorised. You would assume that unauthorised products would be fully investigated regardless of whether it affects over 50,000 women or not.

I would be very interested to here peoples thoughts on this topic - please put your comments below.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

Follow Kevin Timms on Twitter.

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

Email: info@gardenhousesolicitors.co.uk

Fuel Additive May have been used with PIP Breast Implants

2012-01-02T20:07:00.004Z

Article by
Kevin Timms

The PIP breast implant scandal continues to unwind as a French radio station, RTL, has reported that PIP breast implants have used a fuel additive. There is however, no link to cancer and therefore no immediate risk to women with PIP breast implant.

RTL has stated that Baysilone, normally associated with the oil or rubber industries, was found in the breakdown of a PIP breast implant.

PIPs lawyers has denied this stating that the substances used in PIP breast implant silicone gel are normally found within the food industry and used with lipstick.

RTL commissioned a PIP breast implant to be examined by a chemistry and toxicology researcher. The researcher has alleged that the PIP breast implant gel included Solopren and Rhodorsil and this may be the reason for the high rupture rates.

The French authorities have registered 1,143 ruptures and 495 inflammatory reactions from the implant.

Tim Goodacre who is advising the government on the PIP breast implant scandal told the BBC that the failure rate was “quite out of the ordinary” and that the implants should be removed on a “staged basis”.

PIPs lawyer has said the allegations regarding PIP breast implants using a fuel additive are unfounded.

If you have PIP breast implants contact Kevin Timms about whether you are entitled to make a PIP breast implant compensation claim. Garden House Solicitors are in receipt of a large number of instructions and currently have a group action in the High Court.

If you have PIP breast implants please ensure you register your details with the National PIP Breast Implant Register.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

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

Leading Surgeon Recommends Removal of PIP Breast Implants

2012-01-02T14:52:00.004Z

Article by
Kevin Timms

Tim Goodacre President of the British Association of Plastic and Reconstructive and Aesthetic Surgeons (BAPRAS) and one of the members on the government commissioned panel investigating the recent PIP breast implant scandal.

Mr Goodacre has told the Telegraph that the rupture rates found by the largest cosmetic surgery clinic in the UK were unacceptable.

He further stated that if the government confirm the findings that 1 in 14 implants have leaked then all PIP breast implants should be taken out. He told the Telegraph “with this sort of level of implant failure, particularly with this sort of material that isn’t medical grade, it is sensible that they be removed … I think that would be a reasonable way forward”.

However, it is not clear who would fund the cost of the removal as the cost to the industry could be £150M – this figure only being estimated at this present stage in time.

From the perspective of Garden House Solicitors, the cost to the cosmetic surgery industry would not be this high. The reason for this is that many clinics have already fallen into liquidation and would therefore not be able to pay for the removal of their former patients PIP breast implants. This could potentially apply to thousands of women. Therefore the government will be required to consider how to protect, as a preventative measure, women with PIP breast implant whose clinic in unable to fund removal of their PIP breast implants.

At present the Department of Health is only prepared to fund the removal of PIP breast implants where they have already ruptured and the silicone has migrated to the surrounding tissue.

However, we should not lose sight of the fact that women with PIP breast implants were provided with these implants by their clinics and in the majority of cases were not offered an alternative implant. Though the clinics bought these implants also, they purchased PIP breast implants as part of a commercial agreement whereas women with PIP breast implants purchased these implants as consumers. The UK prides itself on the protection of consumers and these consumers need protecting now. This is but one reason Garden House Solicitors have set up the National PIPBreast Implant Register.

The MHRA has been adamant until only last week that there are no health risks associated with PIP breast implants quoting a figure that only 1% of PIP breast implants in the UK have ruptured. This advice was turned upside down over the weekend when Transform, the UKs largest cosmetic surgery provider confirmed that its own figures since 2006 have shown that 7% of PIP breast implants have ruptured.

Andrew Lansley has requested that the MHRA review all their data over concerns that adverse incidents have been under reported.

The experts who have been asked to provide their opinion to the government panel include Mr Goodacre, Mr Fazel Fatah, president of BAAPS, Professor Sir Bruce Keogh the Medical Director of the NHS and Richard Rainsbury President of the Association of Breast Surgeons.

Garden House Solicitors are bringing PIP breast implant compensation claims against the clinics that provided PIP breast implants to women. We currently have a group action in the High Court in London and have received many new instructions recently. If you would like to make a claim please contact us for further information on infor@gardenhousesolicitors.co.uk or on 01992 422 128. Please state you are interested in making a claim.

Garden House Solicitors have also set up the National PIP Breast Implant Register. We urge everyone with PIP breast implants to Register their details on the National PIP Breast ImplantRegister. For more information on the National PIP Breast Implant Register please click here.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

Garden House Solicitors, the Breast Implant Regulators and the Press

2011-12-31T15:55:00.007Z

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.

To date, only France and Venezuela have recommended the removal of all PIP breast implants in their respective countries and the MHRA have informed the women in the UK that there are no health risks associated with PIP breast implants. However, the MHRA, like many other medical device regulators around the world have not, unlike the French, conducted testing on the PIP breast implant physical and mechanical properties. Kevin Timms has therefore been pressing the MHRA and other medical device regulators to confirm whether they accept the AFSSAPS (the French) findings or whether they will continue to advise women with PIP breast implants that PIP breast implants are not faulty, despite the use of unauthorised silicone gel. To date, The MHRA have not changed their advice to women but have stated that they are in contact with AFSSAPS. Kevin is still awaiting and pushing for a formal and honest response to whether it is accepted that PIP breast implant have inherent defects.

Garden House Solicitors is currently conducting High Court proceedings in London on behalf of a number of women against a number of private cosmetic surgery clinics. We are also receiving enquiries from a number of women on a daily basis with regards to bringing a claim against their PIP breast implant provider. If you have PIP breast implants please click here for more information on how to make a claim.

As a result of the MHRAs lack of action with regards to the problems with PIP breast implants, unveiled in 2010, Garden House Solicitors have set up the National PIP Breast Implant Register. We do not accept the MHRA findings that only 1% of all PIP breast implants in the UK are faulty and we seek to provide the MHRA and other UK authorities with more precise figures. It is our belief that the figures of faulty breast implants in France are also likely to be modest as there is also no accurate record of who has PIP breast implants and what adverse symptoms have occurred as a result. We are therefore urging all women with PIP breast implants to join the National PIP Breast Implant Register today.

Kevin Timms is taking a leading role in seeking justice for all women with PIP breast implants both in pushing for an accurate National PIP Breast Implant Register from which to push the MHRA and UK Government into action and in bringing PIP Breast Implant Compensation Claims so that women with PIP breast implants may recover the costs of removing and replacing their breast implants and additional compensation for any personal injuries and associated financial losses suffered.

Kevin has discussed these issues live on the BBC News Channel twice and with Sky News and ITN. He has also participated in television interviews or telephone interviews with AFP and Reuters, the international news agencies and all of the National news papers. He has taken part in live radio interviews for BBC Radio Scotland, Radio in Ireland and BBC Radio in England. His TV interviews have also reached as far as New Zealand and Canada.

For more information on the PIP breast implant scandal and the press appearances of Kevin Timms please see below:

For more information on PIP breast implants or to make a PIP Breast Implant Compensation Claim please contact Kevin Timms on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

Stricter Cosmetic Surgery Regulations Suggested – The GHS Perspective

2011-12-30T20:45:00.004Z

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.

Apparently Andrew Lansley, the Health Secretary, has been urged to take action and he will now look into the concerns that women have been provided with unsatisfactory breast implants.

The Sun has reported that Stephen Dorrell, Chairman of the Commons health select committee, wants manufacturers and suppliers to be compelled to keep records, of who received their products, as part of their licence to operate in

Britain

. In an interview with The Times he said “This is a product being put into a human body – it should have a proper audit trail for when and where it is used”.

Garden House Solicitors have been acting on behalf of women with PIP breast implants since early 2010 when the PIP breast implant scandal was first unearthed. It was the MHRA which released the Medical Device Alert on 31 March 2010 warning of the potential harm these implants could cause following the AFSSAPS’ (French medical device regulators) finding that PIP breast implants have a premature rupture rate and that the silicone used was not authorised.

The MHRA has stated that there is no more of a health risk with PIP breast implants than with other silicone breast implants on the market. However, if this were so, why has the recent events surrounding the PIP breast implants pushed MPs into discussions about cosmetic surgery and medical device regulations?

Clearly, medical device regulation is due for reform – this is evident from the two major medical device recalls in 2010 which have affected thousands of individuals in the

, namely, DePuy ASR hip implants and PIP breast implants. Both medical devices were introduced to the

market without clinical trials.

When comparing medical devices such as breast implants and hip implants with pharmaceutical drugs the gap between how each sector is regulated is immense, yet both are invasive and used with humans.

Women in the

have been patiently waiting for the

authorities to put a policy into place to protect them from the problems with PIP breast implants. To start, the long awaited test results from AFSSAPS took a considerable time. However, this was worth the wait as AFSSAPS, through diligent and extensive testing, have shown that PIP breast implants are defective by reason of their design and also in respect of the breast implant mechanical and physical properties. There was also a considerable wait for the MHRA tests. However, the MHRA test results were welcoming and reassuring to women that PIP breast implants are not associated with cancer. However, these tests did not extend as far as to examine the non toxic properties of PIP breast implants. Until they do so, it would appear that the evidence from France is more reliable.

Garden House Solicitors have written to the MHRA asking precise questions as to what testing carried out by AFSSAPS they agree with and what they do not agree with. To date, we still await a response. It is necessary to establish exactly what the

authorities position is with regards to the suitability of PIP breast implants.

The

authorities present advice to women with PIP breast implants has been based on the adverse incident reports received by the MHRA. However, it is unclear how accurate these have been. Some women have informed Garden House Solicitors that they have completed adverse incident reports but have not been made aware if the reports were ever processed and other women have suffered from a rupture prior to the recall of PIP breast implants without being advised of whether an adverse incident report should be completed. This again suggests that cosmetic surgery and medical devices need stricter regulation.

Garden House Solicitors act on behalf of a number of women who are bringing claims against their PIP breast implant provider for compensation for the cost of revision surgery, personal injuries sustained as a result of problems with PIP breast implants and associated financial losses. We have been particularly concerned that many women are probably unaware that they have PIP breast implants and are concerned that nobody has a clear idea of how women in the

are affected by PIP breast implants. We have therefore set up a National PIP Breast Implant Register.

The National PIP Breast Implant Register is aimed at establishing approximately how many women have suffered from ruptures or experienced adverse symptoms as a result of PIP breast implants. The information is more detailed that one would normally expect from an implant register and this is to establish whether PIP breast implants and their silicone is likely to have a more severe effect on a particular individual.

It is widely know that PIP breast implants can perspire silicone through the implant shell without there being a tear or rupture and often rupture can occur without any clinical signs (whether on examination or by ultrasound or MRI scan). We have noticed trends emerging with the clients that we are bringing PIP Breast Implant Compensation Claims on behalf of with particular symptoms and with the National PIP Breast Implant Register we hope that the trends we are already seeing emerging will ultimately push the

authorities into action.

Whilst we commend the suggestion of a Cosmetic Surgery Register, we are presently concerned with our clients and all the other women with PIP breast implants which is why we have compiled the National PIP Breast Implant Register – a Register dedicated to those with PIP breast implants. To register with the National PIP Breast Implant Register please go to www.pipbreastimplantregister.co.uk and a member of our PIP team will contact you.

The National PIP Breast Implant Register is completely separate from the PIP breast implant group action in the High Court we are currently pursuing and from the other claims we have been instructed to make. However, it is looking increasingly more likely that the way in which women with PIP breast implants will be able to recover the costs of revision surgery and seek compensation for personal injuries they have sustained as a result of their PIP breast implants being faulty, is by pursuing a compensation claim against their implant provider.

If you have had PIP breast implants provided within the last six years or you have become aware of adverse symptoms as a result of your PIP breast implants within the last three years you are likely to be entitled to compensation. Please contact Kevin Timms at Garden House Solicitors to discuss your PIP Breast Implant Compensation Claim. Kevin can be contacted on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk. Our clients are based all over the

If however, you have sustained an injury as a result of problems with you PIP Breast Implants we might still be able to make a PIP Breast Implant Compensation Claim on your behalf. It is unfortunate that not everyone will be able to make a claim but if your clinic is still solvent we would be happy to investigate an injury claim if you suffered an injury, such as a rupture, over three years go.

A number of women may not be entitled to make a claim because their clinic is either dissolved or has recently fallen into liquidation. However, Garden House Solicitors is currently investigating potential ways around this and it is still possible for some people whose clinic has previously dissolved to make a claim. We are making a concerted effort to investigate other avenues so a path has been set to ensure as many women as possible can recover the costs of revision surgery and compensation for injuries where they have been sustained.

For general information please view our other PIP Breast Implant Articles or email us at info@gardenhousesolicitors.co.uk.

If you have PIP breast implants ensure you register your details on the National PIP Breast Implant Register today.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

PIP Breast Implants - Not Approved by Regulators

2011-12-28T17:52:00.007Z

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.

Haddad told Reuters “There is a product made by PIP which did not formally receive the (regulators’) approval and in this regard there was a violation of regulations”.

PIP started selling its silicone breast implants in 1991 and was, until recently, the third largest breast implant manufacturer in the world. PIP fell into liquidation in 2010 after the French authorities revealed that PIP was using an industrial grade silicone unapproved by the authorities.

Haddad said that the “house gel” was five times cheaper. He said “there was a basic product and a high end product, for people in the 16^th (arrondissement of Paris) for example”. He was referring to an up market area of Paris.

Haddad further stated that PIP never asked

France

’s medical device regulator to approve its house made product but expected the silicone would have been approved.

The

authorities have not followed the example set in

France

and have stated that there is no health risks associated with PIP breast implants. As a result of this, Garden House Solicitors have set up a National PIP Breast Implant Register in order to establish the true position with regards to these implants in the

. If you have PIP breast implants please join the National PIP Breast Implant Register.

Garden House Solicitors are also bringing compensation claims on behalf of a growing number of women and already have a group action in the High Court in London. If you are interested in making a PIP Breast Implant Compensation claim please contact Kevin Timms on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

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

2011-12-28T15:35:00.005Z

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.

These problems were in respect of PIP Hydrogel breast implants; however, this is relevant as it was the same factory where PIP silicone breast implants were manufactured. A number of legal claims were made in the

over the PIP Hydrogel breast implants but PIP had inadequate insurance to cover those claims and Judgments remain outstanding.

However, it is unclear as to why the FDAs warning letter did not trigger greater scrutiny of PIPs activity by the medical device regulators in

France

and elsewhere (including the

). AFSSAPS, the French medical device regulator told Reuters that it had not found evidence that the FDA had informed them of the letter sent to PIP.

The FDA warning letter, sent in June 2000 confirmed PIP failure to investigate the deflation of its saline breast implants and failure to report more than 120 complaints in

France

and elsewhere to the FDA. The letter further stated that PIP did not have a process in place to make sure the breast implants it manufactured met design specifications.

If you have PIP silicone breast implants please sign up to the National PIP Breast Implant Register.

If you are interested in making a PIP Breast Implant Compensation claim please contact Kevin Timms on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

French Insurance to File Complaint on PIP Breast Implants

2011-12-28T14:30:00.006Z

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”.

French authorities have stated, on the basis of extensive testing on the PIP breast implants, that the implants are more prone to early rupture than other types of breast implants. The French investigations showed that the manufacturer, PIP, used industrial silicone rather than medical grade silicone in order to save money and that the medical risks associated with the industrial silicone are unclear.

The French Health authorities have stated that the costs of removing PIP breast implants from the 30,000 French women with these implants could costs approximately 60 Million Euro.

The fears about the safety of PIP breast implants have sparked outrage in

France

with protests taking place last week over the implants. Now the health authorities in

France

and

Venezuela

have recommended that all women in the respective countries should have their implants removed, the cost of which will be funded by the governments.

France

’s Health Minister, Xavier Bertrand, has insisted that the removal is a ‘preventative’ (not precautious) measure and is not urgent. He further said that those responsible for the implants must “answer for their acts … They were looking to make money … on the back of the health of women”.

A director and founder of PIP, Jean-Claude Mas, is now the subject of an international manhunt and is on Interpol’s most wanted list. However, Interpol has stated that the warrant and alert on the director’s name is not as serious as it may first appear and is like thousands of others where member states issue notices for an individual’s arrest.

The

authorities on the other hand have not recommended the early removal of PIP breast implants to prevent injuries associated with premature rupture as the MHRA is only aware of 1% of PIP breast implants rupturing prematurely. For this reason Garden House Solicitors have set up a National PIP Breast Implant Register in order to clarify the true position in the

of how PIP breast implants are affecting women.

Garden House Solicitors have issued High Court proceedings on behalf of women who have PIP Breast implant. If you are interested in making a PIP breast implant compensation claim please contact Kevin Timms on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

PIP Breast Implants – Venezuela recommends removal

2011-12-28T13:37:00.005Z

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.

Sources have suggested that between 40,000 and 50,000 women have PIP breast implants in the

and over 300,000 women throughout the world have them. PIP breast implants have been banned throughout the world as a result of the implants being filled with industrial grade silicone, which makes PIP breast implant more liable to rupture.

Venezuela

’s Health Minister, Eugenia Sader, said “patients are at risk”.

PIP breast implants have been sold throughout the world in 65 countries. In

Brazil

, up to 25,000 women are thought to have PIP breast implants and in

Argentina

a group of 50 women have threatened to bring legal action if they are not provided with free replacement implants.

PIP breast implants have also been sold extensively throughout Western Europe including

Spain

Italy

Germany

, and

Ukraine

, in addition to

France

and the

The MHRA and the

authorities have not followed the same course of action as

France

and

Venezuela

by recommending the removal of PIP breast implants. For this reason, Garden House Solicitors have set up a National PIP Breast Implant Register to enable us to obtain more accurate figures of how many women are likely to be affected by PIP breast implants within the

. The MHRA have stated that only 1% of women with PIP breast implants in the UK have sustained a rupture whereas the French authorities have found (following extensive testing on PIP breast implants) that 10% of PIP breast implant are liable to rupture within one year. Garden House Solicitors aim to establish the position within the

. For further information on the National PIP Breast Implant Register please click here.

Garden House Solicitors are bringing PIP breast implant compensation claims against the private cosmetic surgery clinics that provided patients with their PIP breast implants. We currently have a group action in the High Court in London and are receiving numerous enquiries from other women who wish to make a PIP breast implant claim. If you are interested in making a PIP breast implant compensation claim please contact Kevin Timms on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk.

PIP Breast Implant Compensation Claims

2011-12-26T14:30:00.007Z

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.

As a result of the UK authorities not taking action to find out more about how PIP breast implants have affected women in the UK Garden House Solicitors have set up a National PIPBreast Implant Register to illustrate to the authorities that PIP breast implants are affecting more women than the UK authorities have suggested. The National PIP Breast Implant Register has received great interest and we urge as many women as possible to contact us to register their details for the National PIP Implant Register. The Register is completely confidential and there is no obligation to make a claim with us. However, if you would like to make a claim for the costs of revision surgery and any injuries and financial losses you have sustained as a result of the problems with PIP Breast Implants, Garden House Solicitors will promptly investigate your claim. Unlike many other firms who may have received instructions to make a PIP breast implant claim, Garden House Solicitors believe even those who have not yet received any adverse symptoms are entitled to make a claim to recover the costs of revision surgery.

It is clear to Garden House Solicitors that PIP breast implants are substandard and faulty with the potential to cause very severe injuries to women who have these breast implants. We therefore believe that the majority of women with these breast implants are entitled to make a PIP breast implant claim.

Garden House Solicitors have already issued a group action in the High Court in London and have received approximately 100 new enquiries within only a few days. We have already completed our investigations and are confident in who can be successful and why. We offer the highest standards of personal service and tailor each case to the circumstances of each individual in what is a distressing time. If you are interested in making a PIP breast implant claim please contact us today.

Garden House Solicitors have been at the forefront of the media attention in the recent PIP breast implant scare so you can be reassured in our expertise.

For further information about making a PIP breast implant claim please view the other blog posts on this topic or call Kevin Timms on 01992 422 128 or email Kevin at Kevin@gardenhousesolicitors.co.uk

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.

Join us and receive updates on Facebook.

Follow Kevin Timms on Twitter.

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

PIP Breast Implant Scare Leads to Arrest

2011-12-24T17:49:00.007Z

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”.

Both the UK and French health authorities have confirmed that PIP breast implants do not cause cancer. However, unlike the MHRA, the UK medical device regulator, the French authorities have carried out extensive testing on PIP breast implants to establish why the implants are known to have premature rupture rates.

During these tests the French authorities established that the shell of PIP breast implants is much more fragile than other breast implants on the market and that the silicone gel used inside PIP breast implants was actually of industrial grade rather than medical grade – PIP breast implants are therefore made with a silicone gel not intended (or tested) for use with humans.

The French tests further confirmed that the silicone gel does not have the same properties as that of other ‘high cohesive silicone gel’ breast implants. PIP breast implants were sold on the basis that the high cohesive silicone gel within them would not leak if the implant ruptured and they were commonly described as ‘gummy bear’ breast implants.

As the French health authorities became more aware of the abnormally high premature rupture rate of PIP breast implants they also became increasingly aware of that fact that the PIP breast implant silicone was leaking and migrating to other parts of the body, commonly the arm pits and lymph nodes. This then required extensive surgery to remove the ruptures PIP breast implants and, in many case, the lymph nodes also – clearly and associated health risk with PIP breast implants.

Furthermore, the French health authorities have confirmed that the PIP silicone can perspire (‘ooze’) through the implant shell without any actual rupture or tear of the shell itself. This phenomenon is supposed to be an early one and generally occurs within the first three years after implantation. Therefore women with PIP breast implants are subject to early exposure of the unauthorised silicone gel and often there are no clinical signs that this has occurred and ultrasound and MRI scans may not be able to pick up this occurrence.

Whilst the MHRA in the UK has tested the PIP breast implant silicone, their tests were only in respect of genotoxicity and cytoxicity (whether the gel causes cancer and other toxic effects). The MHRA has not tested the gel to explore whether there are any irritant properties in the gel that can have an adverse reaction to human tissue. The French authorities did conduct testing into the irritant properties in the PIP breast implant silicone gel. They found that PIP breast implant silicone gel can cause inflammation and this is one reason why women experience pain and burning sensation.

The French health authorities have stated that there are “well established risks of ruptures” in PIP breast implants. The MHRA has stated that there is not additional risks with PIP breast implants.

As a result of the MHRAs refusal to investigate the problems with the PIP breast implants further, Garden House Solicitors have set up a National PIP Breast Implant Register. Whilst the MHRA say that the rupture rate of PIP breast implants in the UK is only 1% Garden House Solicitors and a number of top UK surgeons believe that the number of ruptures is actually much higher. We wish to establish a more accurate picture of what is happening to women with PIP breast implants and intend to release the Register statistics periodically to show what trends are appearing with regards to these implants. We urge anyone with PIP breast implants to register their details with the National PIP Breast Implant Register. Visit the Register at http://www.pipbreastimplantregister.co.uk/ a member of the PIP breast implant team will be in contact to take full registration details.

Garden House Solicitors are also making PIP Breast Implant Compensation Claims against the private cosmetic surgery clinics which provided the PIP breast implants. We have issued a group action in the High Court of Justice in London against a number of cosmetic surgery clinics. If you are interested in making a PIP breast implant claim please email info@gardenhousesolicitors.co.uk or telephone 01992 422 128.

Garden House Solicitors are at the forefront of bringing PIP breast implant claims and taking action where the MHRA and UK authorities have not by compiling a National PIP Breast Implant Register. If you have concerns we will be there for you in your time of need.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

PIP Breast Implants – Update

2011-12-23T13:43:00.011Z

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

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.

Garden House Solicitors have set up a National PIP Breast Implant Register, separate from the PIP breast implant claims process, to try and establish what is going on with PIP breast implants in the

. We hope that once a substantial number of women are on the National PIP Breast Implant Register we can work with medical professionals to get a better understanding of how these implants are affecting women across the

. If you know anyone with PIP Breast Implants please direct them to http://www.pipbreastimplantregister.co.uk/ for details of the National PIP Breast Implant Register.

Garden House Solicitors have received extensive press coverage with respect to both the Group Action we have in the High Court in London and the National PIP Breast Implant Register. Our coverage has included the national papers, prime time news and a variety of other media fronts.

Kevin Timms who is part of the PIP Breast Implant team at Garden House Solicitors has another live interview on the BBC News Channel between 5.00 and 5.30 pm this evening. Kevin has also played a prime role in setting up the National PIP breast implant Register.

Women concerned about problems they may be experiencing should contact their surgeon for medical advice. For further information about making a PIP Breast Implant Compensation Claim or to be included on the National PIP Breast Implant Register please see our website www.gardenhousesolicitors.co.uk or view the other posts on this blog.

PIP Breast Implant Register

2011-12-20T21:38:00.012Z

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.

Garden House Solicitors are at the forefront of bringing PIP Breast Implant Compensation Claims and taking a pro active approach in the absence of action from the UK authorities by forming the National PIP Breast Implant Register.

For further details please click here.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

PIP Breast Implants – A Health Crisis

2011-12-20T20:08:00.008Z

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.

A French paper confirmed the seriousness of the issue “Both the Director General of Health and the President of the National Cancer Institute [and others stated] … before the end of the week, the authorities will apply to all women with PIP breast implants to have them removed” as these implants can rupture, cause inflammation and there are now concerns over whether they could cause cancer.

One source close to the decision has stated that a decision to ask 30,000 women to have their PIP breast implants removed is “unique in the history of surgery”.

A leading surgeon with regards to PIP breast implants at the Henri Mondor Hospital in Creteil, Laurent Lantieri, stated “We are facing a health crisis … There is no emergency, but we have no choice. We must remove these implants. To me, this is not the application of a precautionary principle, but a principle of prevention”.

It is not exactly clear how the removal operations will be funded but it is anticipated that funding will be available for the removal of PIP breast implants. However, funding will only be available for those women who have received reconstruction surgery following breast cancer. It will not be available for those women who obtained PIP breast implants for cosmetic reasons.

What if the same approach is taken in the

If the UK authorities follow the French authorities and provide funding for everyone who has PIP breast implants to have their implants removed there will (unless individuals have had reconstruction surgery) be no funding for replacement implants.

Whilst it is not going to be easy to decide where the funding will come from many women will be left with out replacement implants.

People have breast augmentation surgery for a variety of reasons and regardless of what that reason may be, women should not be left without replacement implants.

How Can Garden House Solicitors Help?

Garden House Solicitors are currently running a group action which has recently started in the High Court in London. If you have PIP breast implants you may be entitled to claim compensation for the costs of replacement implants and compensation for the injuries you have received. If you are interested in making a PIP Breast Implant Compensation Claim please email info@gardenhousesolicitors.co.uk or call us on 01992 422 128.

Garden House Solicitors have set up a National PIP Breast Implant register for those who have PIP breast implants. We have done this to try and understand how PIP breast implants have affected women within the

and to try and establish what trends appear. If you have PIP breast implants please register your details with us. A member of our PIP team will contact you within 14 days to obtain the relevant details for the register.

Make a PIP Breast Implant Claim.

Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

PIP Breast Implants – what is wrong with them?

2011-12-19T16:54:00.006Z

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

The clinical complications of the PIP breast implants can be:

Implant rupture (including silent rupture)
Siliconomas
Inflammatory reactions and effusions
Lymphorrhoeas
Pain
Lymph node disorders
Delayed wound healing

However, each person is an individual and can be affected by their problems with their PIP breast implants in different ways.

AFSSAPS recommendations are that every woman with PIP breast implants should obtain an ultrasound every six months. It is important that these scans are carried out even in the absence of adverse symptoms.

Garden House Solicitors have issued a group action claim in the High Court in London and have been instructed by women with PIP breast implants since early 2010. We are compiling a confidential register of those who have PIP breast implants to record the scale of the problems with the PIP breast implants in the

. We can also assist those who register with us with a claim against their implant provider under pre existing legal expense insurance or a no win no fee agreement. Register your details with us here.

Make a PIP Breast Implant Claim.
Join the National PIP Breast Implant Register.
Join us and receive updates on Facebook.
Follow Kevin Timms on Twitter.

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

All Breast Implants - MEDICAL DEVICE ALERT

2011-12-09T10:43:00.004Z

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

In a thorough review of scientific literature published from January 1997 to May 2010, the FDA identified 34 unique cases of ALCL in women with breast implants throughout the world. The FDA’s adverse event reporting systems also contains 17 reports of ALCL in women with breast implants. This is a very small fraction of the 5-10 million women who have received breast implants worldwide.

Anaplastic large cell lymphoma (ALCL) is a rare type of non-Hodgkin’s lymphoma (NHL), a cancer involving the cells of the immune system. It is a very rare tumour in the breast, accounting for less than 1% of all breast malignancies.

To date there have been no corresponding reports of this disease association to the MHRA. The MHRA encourages all surgeons to report all adverse incidents, including cases of ALCL, to the adverse incident centre (aic@mhra.gsi.gov.uk).

The MHRA will review any evidence that comes to light and take appropriate action as needed.
There is no indication for any routine action in the form of explantation or regular radiological examination including MRI. Women should be advised to self examine and consult their medical practitioner if they notice any changes in the breast or have any concerns."

The MHRA Medical Device Alert has stated that the MHRA has not received any reports of ALCL.
Garden House Solicitors are currently acting on behalf of a number of women who have been provided with defective PIP breast implant. If you have concerns about an irregularity with your breast implants we suggest that you seek medical advice from their GP or surgeon.

If you have suffered and abnormally early rupture which has not been as a result of excessive trauma, you breast implant may be defective. If you do have defective breast implants you may be entitled to make a product liability claim.

Please contact Kevin Timms in the product liability team at Garden House Solicitors on 01992 422 128 or email him at kevin@gardenhousesolicitors.co.uk if you believe you may be entitled to make a product liability claim.

Please note that this post is for information purposes and the MHRA Medical Device Alert is not intended to alarm women with breast implant but rather to highlight recent studies.

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

Rent Arreas and Possession Proceedings

2011-12-02T13:59:00.004Z

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.

When seeking possession of a property where the tenant is in rent arrears, it will be necessary for the landlord or his agent to attend any court hearing as they may have to give evidence.

If your tenant is in arrears you should act quickly as if you need to evict them it could take a number of months, still receiving no rent. In the first instance, notify your tenant, in writing, that rent is due immediately, followed by a section 8 notice requiring possession.

Defended Cases (Section 8 Notice)

When seeking possession of your property, the ideal way to do so is by way of a mandatory ground for possession. If you wish to try and obtain possession of your property using a discretionary ground, you will have to show the court that there are compelling reasons for possession to be granted with reference to appropriate evidence.

We understand how important it is that these matters are dealt with quickly to save costs to the landlord and also return the landlord to profit.

If you have any questions on the information explained above please do not hesitate to contact Kevin Timms of Garden House Solicitors on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk who will be happy to deal with your query.

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

How to Obtain Order for Possession - Assured Shorthold Tenancies

2011-12-01T19:21:00.004Z

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.

One thing all landlords should be aware of is that it is a criminal offence to evict a tenant leasing their property under an Assured Shorthold Tenancy by any other means than by court order as this is deemed as harassment.

There are three main stages to evicting a tenant under an Assured Shorthold Tenancy:

Stage one – The Correct Notice requiring possession

Stage two – The Court Procedure to obtain a possession order

Stage three – Enforcement (where the tenant does not comply with the court order for possession)

Stage One – The Correct Notice requiring possession

There are a number of Notices that may be used to evict a tenant from a property leased under an Assured Shorthold Tenancy. In many circumstances, serving the proper notice will be sufficient. However, if you need to bring court action, you need to ensure that the notice has been served properly so that a court order may be successful:

Section 21 (1)(b) Notice - Section 21 of the Housing Act 1988 requires that the landlord provides tenants of an Assured Shorthold Tenancy with a minimum of two months notice that he/she seeks possession of the property. Possession of a property under this Notice cannot take place during the initial fixed term of the tenancy, though, the notice may be served at any time during the fixed term of the tenancy. A Section 21 Notice will not be effective if the notice is dated to expire before the last day of the Tenancy.
Section 21 (4)(a) Notice – This Notice will only apply to a tenant whose tenancy has become a statutory periodic tenancy. This means that the fixed term Assured Shorthold Tenancy has expired and the tenant is still in possession of the property. Again, the tenant must be given two months notice and the day on which the Notice expires must be the last day of a period of the tenancy. The last day of the period can be found with reference to the original fixed term tenancy.
Section 8 Notice – Under Section 8 of the Housing Act 1988, there are 17 grounds which a landlord may use to recover possession of a property let under an Assured Shorthold Tenancy. Landlords must show that there is proof for these grounds to stand in court. Some of these grounds are mandatory grounds for possession whilst others are discretionary. For instance, Ground 8 is a mandatory ground and may be used where a tenant is in at least two months arrears at the time the notice is served and also on the date of the court hearing. Ground 8 can be evidenced by way of producing a statement of account to the court. Often, mixtures of these grounds are used to prove to the court that a possession order should be granted. The date in which proceedings can be brought will depend on the Grounds that the Notice is based upon.

Stage 2 – Court Procedure

There are two main types of court action that can be taken:

Accelerated possession proceedings – an order for possession can be obtained within six weeks (subject to the court) of issuing proceedings if all the papers are in order (only available at the end of the term under a Section 21 Notice and no rent arrears); and
Possession proceedings by way of a court hearing. This would apply if you want to claim rent arrears.

Whether you want possession of your property due to the tenancy agreement coming to an end or because your tenant is not paying rent, Garden House Solicitors will advise you as to the most efficient and cost effective way for you to obtain possession of your property.

Stage 3 – Enforcement

In many cases, a County Court order for possession against the tenant is sufficient to ensure that the tenant vacates the property promptly. However, it is unfortunate in some circumstances that the tenant does not vacate and must be evicted by bailiffs.

We can advise you and instruct bailiffs on your behalf ensuring that the tenant vacates your property in the appropriate legal manner.

If you are a private landlord and require possession of your property due to the Assured Shorthold Tenancy being due to expire or because rent is in arrears please do not hesitate to contact Kevin Timms on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or email Kevin at kevin@gardenhousesolicitors.co.uk.

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

Personal Injury Specialists Solicitors

2011-11-30T21:20:00.007Z

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.

We have experience in dealing with claims from those that are serious and life changing to those of a minor nature and all clients receive the same level of care and attention. If you are unable to come to our office we can come to see you at home or in hospital.

We specialise in the following areas:

Road Traffic Accidents
Fatal Accident Claims and representation at the Inquest
Accidents in the workplace
Accidents in public places
Occupational Disease
Brain Injuries
Spinal Injuries
Infant Personal Injury claims
Animal attacks
Uninsured/Untraced driver claims
Criminal Injuries Compensation claims

It is your legal right to be compensated for the injuries suffered after being the victim of someone else’s negligence and our team of personal injury solicitors will ensure that your claim is progressed as quickly as possible, whilst maintaining the highest standard of client care. We aim to provide a service second to none.

We understand the difficulties our clients endure after suffering an unexpected injury and appreciate that they often feel awkward about commencing a personal injury claim, in particular if the accident happened at work. We reassure our clients and advise them that employers are legally obliged to have insurance in place for accidents and injuries that happen in the workplace; we communicate with the employer’s Insurer and not directly with the employer and ensure that the claim is handled with the utmost diplomacy.

You are entitled to select a Solicitor of your own choice. You do not have to instruct a solicitor appointed by your insurance company - a common misconception. After suffering an unexpected personal injury, you should chose a personal injury solicitor you can rely on and feel confident that they will fight for what is in your best interest - Garden House Solicitors is that firm, giving you the personal service and expertise that you can rely on.

Costs for legal expenses are claimed from the negligent party so you will not be personally responsible for the legal costs of making a claim so there is no reason to settle for anything less then the best legal representation.

If your case has already been started by another firm of Solicitors and you are not happy with the service you are receiving please contact Garden House Solicitors for advice.

Garden House Solicitors - for you!

http://www.gardenhousesolicitors.co.uk/

Tel: 01992 422 128

DePuy ASRs Chain Reaction of Damage

2011-11-27T17:35:00.005Z

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.

It transpires that over ten years ago researchers had warned about the risk of metal wear from metal on metal hip implants, yet the manufacturers continued to develop these products without properly investing in establishing the full extent of metal wear and the effect cobalt and chromium ions can have on the body. Now, the DePuy ASR hip implant could be one of the biggest medical device failures.

As a result of the cobalt and chromium wear from DePuy ASR hip implants not being fully understood, patients have found themselves potentially being misdiagnosed and referred between a variety of specialists. Once it had become public knowledge of the hazardous effects of cobalt and chromium ions being released, many patients had endured prolonged pain and suffering with a risk of the damage lasting. One such problem in the way patient hip pain was being investigated was that blood tests and scans had to be carried out in a particular way and therefore the usual tests for hip pain symptoms were not identifying the problem.

The New York Times Article reported that "All orthopedic implants, regardless of their composition, shed debris as they wear. But researchers say they believe that the particles released by some all-metal hips pose a special threat because scavenger cells dispatched by the body to neutralize the debris convert it into biologically active metallic ions. In some patients, a chain reaction begins that can destroy tissue and muscle." (emphasis added).

Now that medical care providers are aware of the way in which problems with the DePuy ASR and other metal on metal hip implants can be identified, the number of people who have established that they have been injured as a result these hip implants is increasing. However, this number is likely to grow as tissue destruction is occurring silently in some patients who have no obvious symptoms like pain. This is a "complex phenomenon".

If you have a DePuy or other metal on metal hip implant please contact Kevin Timms to discuss whether you may be entitled to make a product liability claim on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or at kevin@gardenhousesolicitors.co.uk.

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

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

2011-11-27T17:04:00.006Z

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.

DePuy recalled all of its ASR systems in August 2010 following clinical evidence showing that metal on metal hip implants, in particular the DePuy ASR hip implants, have an exceptionally high failure rate in comparison with the advertised life expectancy of in excess of 15 years. Before the recall took place, over 90,000 DePuy ASR hip implants were sold world wide and in excess of 10,000 in the UK alone.

Though DePuy has previously denied that the failure rate of its ASR hip implants can be so high, the National Joint Registry figures have been compiled over a considerable period of time and is based on clinical data. This data has also identified that all hip implants featuring a metal on metal design are likely to have a higher failure rate than other types of hip implants.

Other sources have noted that the DePuy ASR acetabular cup is so shallow that it is susceptible to 'edge loading'. This is where the femoral head of the hip implant rubs against the acetabular cups edge which is where a higher degree of debris is released and increased the number of metal ions (cobalt and chromium) to be released from the hip implant. The problems with the DePuy ASR hip implant and the release of cobalt and chromium metal ions can lead to soft tissue damage, inflammatory reactions, metalosis, bone damage and psuedotumours. It can further lead to a more risky revision operation if symptoms are left untreated.

If you have had a DePuy ASR hip implant or other metal on metal hip implant and are experiencing adverse symptoms please contact Kevin Timms to discuss whether you are entitled to make a product liability claim. Please contact Kevin on 01992 422 128 or at kevin@gardenhousesolicitors.co.uk .

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

Compromise Agreements

2011-10-20T12:49:00.003+01:00

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.

A duly signed Compromise Agreement is a binding agreement between the Employer and Employee whereby an Employee gives up certain legal rights and statutory claims such as unfair dismissal, discrimination or redundancy payment that are otherwise protected under employment law regulations, usually in return for a payment and other benefits.

A Compromise Agreement can be an efficient and advantageous way forward for both the Employer and Employee. Where the Employer is usually keen to pay a sum of money in return for the security that the risk of any claims and litigation from the particular Employee would be diminished; the Employee has the incentive to agree to the terms of the agreement because the amount of money offered is usually more or equal to what a potential claim would be worth if he or she were to follow through formal proceedings, bearing in mind the cost and stress of undergoing any such litigation.

Once the Compromise Agreement is ‘signed off’ a legally binding contract will have been created between the Employer and Employee. It is therefore extremely important for both parties to have the document well drafted. The agreement will be different in every case, varying in the extent of how it has come about, provisions, warranties given by the Employee and list of claims that are being compromised.

The document itself is subject to various regulations which must be complied with for it to be valid and enforceable and one of those rules is that it can only be binding if the employee has had advice from an independent qualified legal adviser, for example a solicitor. It is common for an Employer to offer to pay a contribution towards the Employees legal fees for obtaining this advice.

The legal adviser will go through the document with the Employee and explain the contents and the effect of the agreement and will sign the agreement confirming that the advice has been given to the Employee.

Whether you are an Employee that has been presented with an offer entailed within a Compromise Agreement, or an Employer who thinks that a Compromise Agreement can be a useful tool in a situation, you should get advice from a solicitor as soon as possible. You can contact me by telephone on 01992 422 128 or by email: nidhi@gardenhousesolicitors.co.uk for advice.

Article written by Nidhi Chopra, our employment expert

http://www.gardenhousesolicitors.co.uk%20/ Tel: 01992 422 128

Free Will Review

2011-10-13T16:30:00.004+01:00

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.

If the Will does still meet your requirements we are happy to store it in our safe, free of charge for your lifetime. If we think the will needs updating to accurately reflect your wishes we will tell you, and advise you on the best way to proceed.

Either way, you have the peace of mind knowing your estate and your loved ones are protected.

For more information please see our website or to arrange a review please contact Sharon Brown on 01992 422128 or Sharon@gardenhousesolicitors.co.uk

http://www.gardenhousesolicitors.co.uk/ Tel: 01992 422 128
"Based in Hertford but serving the Home Counties and beyond"

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Will Aid - November 2011

2011-10-13T15:44:00.005+01:00

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?

2011-10-12T12:41:00.006+01:00

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.

If a donor has prepared a Lasting Power of Attorney and is awaiting the registered document, they do still have a choice. If they are able to, they can carry on dealing with matters personally. If they require some assistance then they can prepare a ‘short form power of attorney’. This is a simple document, which allows the donor to specify who should be able to help them until the registered LPA is received. The document does not need to be registered and should be accepted by banks and other financial organisations.

Please see our "FAQ's on Powers of Attorney" for more information that may be of interest.

If you have further questions or require assistance please contact Sharon Brown on 01992 422128 or sharon@gardenhousesolicitors.co.uk

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

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Personal Injury Trusts - Frequently Asked Questions

2011-10-11T16:05:00.004+01:00

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.

Are there other ways to protect my benefits?

No. However, personal injury trusts are also commonly known as other names:

> Compensation Protection Trusts

> Compensation Protection Plans

> Benefits Protection Trusts

> Special Needs Trusts

What are means tested benefits?

They are benefits paid by the Department for Work and Pensions (DWP, formerly known as the DSS) and the Local Authority, who often use the same rules when calculating your entitlement.

A ‘means test’ is when the DWP or Local Authority assess how much money you have in order to determine your eligibility for certain benefits.

Examples of means tested benefits include:

> Housing Benefit

> Council Tax Benefit

> Income Support

> Tax Credits

> Employment Support Allowance

> Local Authority care and support

> Free prescriptions

What amount of money would affect my entitlement to benefits?

Most benefits start to be reduced if you have capital of £6,000 or more. If you have over £16,000 then the likelihood is that you would lose all means tested benefits.

What happens if the capital is put into a personal injury trust?

The DWP or Local Authority will only consider other capital that you have, and will ignore the money in the Trust. This means that you can benefit from your compensation without losing your source of income. Also, any assets bought using trust funds are disregarded, for example a property.

Is the capital still mine?

Yes. Technically, the trust owns the capital, but you own the trust.

Who controls the capital in the trust?

When setting up the trust, you will need to choose at least two trustees. This can be yourself and your partner, a friend, or anyone else who you trust. The trustees then control the trust, but have no obligation to tell anyone else about it or reveal your personal details. The trust will then have its own bank account, where funds can be withdrawn with the agreement of the trustees.

Many people choose to appoint a professional trustee (such as your solicitor), particularly if there is a substantial sum of money involved. We can help you decide whether this would be beneficial for you based on your individual circumstances, and if so we would be happy to act as one of your trustees.

Does the capital have to be invested?

Depending on the level of award you receive you may or may not need investment advice. If the award is fairly small then it may be sufficient for the funds to be put into a bank account. If the award is quite substantial then it may be wise to look at investing at least a portion of the funds, and we can recommend a financial adviser who will discuss your specific needs with you.

Are there rules on what I can spend my money on?

There used to be strict rules and regulations governing what you could do with the money, but thankfully these have now been removed and you can spend the money on anything you choose.

Are there tax implications?

If a standard personal injury trust is created, there are no special tax rules that you need to be aware of. Your personal tax position remains the same as it would have been without the trust.

Do I have to tell anyone about the trust?

Yes. You have a duty to inform the DWP and Local Authority of any change in your circumstances, and this includes a compensation award. However, we will notify them for you and explain that the money in the trust is to be disregarded for the purpose of assessing your entitlement to means tested benefits.

For more information or to discuss your personal circumstances please contact Patricia Ling by email - patricia@gardenhousesolicitors.co.uk or Sharon Brown by email - sharon@gardenhousesolicitors.co.uk or telephone the office on 01992 422128.

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

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Alzheimer's Fundraising Event 1 October 2011

2011-10-03T11:35:00.004+01:00

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:

Target Wealth

Brents of Brentwood (Incorporating Insurance Watch)

Southend and District Alzheimer’s Society

We would also like to thank the following organisations for kindly providing raffle prizes, the proceeds of which have gone towards the Alzheimer’s Society:

The Castle, Hadleigh, Essex

The Bread & Cheese, Benfleet, Essex

The White Hart, Thundersley, Essex

Brocade Design, Benfleet, Essex

Benfleet Garden & Reclaim Centre, Benfleet, Essex

Target Wealth, Herts

Barney Photography, Benfleet, Essex

The House of Elliot Collection, Ipswich

Alexandra Rolfe, Essex

Garden House Solicitors is committed to supporting local businesses throughout Hertfordshire and Essex and are grateful to the above for supporting our Essex event in aid of the Alzheimer’s Society.

The event was particularly useful for those who wished to gain a better understanding about Alzheimer’s, Wills, Powers of Attorney, the Court of Protection and Care Fees. If you are interested in finding out more on these topics please contact Sharon Brown at Sharon@gardenhousesolicitors.co.uk or Craig Ward at craig@gardenhousesolicitors.co.uk

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

Product Liability Claims - What You Need to Know

2011-10-02T20:34:00.006+01:00

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.

Product Liability – The Law

In the modern era of consumer purchase from easy access to shops and online products, as consumers, you are entitled to expect a certain standard of safety. Where a defective product falls below this it can cause damage to you or your property.

Claims can be made where damage occurs as a result of (1) contamination during the manufacturing process (2) a poorly designed product (3) no warnings (4) failing to recall a product.

Making a Product Liability Claim

You should not feel guilty about making a product liability claim. Most product manufacturers and suppliers are insured.

All product manufacturers and suppliers are obliged to ensure that their product is safe for use by a consumer. This covers many areas including: (1) medical devices (2) pharmaceutical goods (3) consumer goods (4) food goods.

Medical Devices

Scientific advances have saved countless lives, however, medical devices are not as heavily regulated as drugs, for example, and it is therefore inevitable that some defective products are brought to market.

Where an implanted medical device is defective and causes you harm you may be entitled to make a product liability claim.

As a medical device is a foreign body, if it causes you harm, that harm is likely to be extensive and can affect many aspects of your life, such as work, home and family life.

Making a product liability claim aims to put you in as close a position you would have been in if you had not suffered personal injuries as a result of the defect in the medical device. This is achieved through compensation.

Medical devices which have recently been the subject of product liability claims are hip implants, breast implants, heart valves and pacemakers.

Pharmaceutical Goods

Though the pharmaceutical industry is heavily regulated, there are still some over the counter and prescribed drugs which are provided in good faith but have side effects causing injuries to those who take them. If this has happened to you, you can make a product liability claim.

Consumer Goods

You will come into contact with consumer goods every single day. As you are entitled to expect a certain standard of safety the chances are you will not think about how the product is harmful.

You may be harmed by an electrical item, children’s toy or your garden chair may break underneath you whilst enjoying a glass of wine on a nice summer’s evening. Should this happen you may be able to make a product liability claim.

Food Goods

Yes, food goods are still products and they can still cause you harm. You may be harmed as a result of food contamination or the wrong package having been supplied eg nut products without warning.

Costs to you

If you do not have legal expense insurance we will conduct your product liability claim on a No Win No Fee agreement – you get 100% of your award!

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

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

2011-10-02T18:37:00.007+01:00

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.

The Judge noted that without written express authority by M during the time when she had capacity, he was not prepared to sanction the end of her life. This is an important ruling as it highlights the necessity for individuals to create a health and welfare lasting power of attorney whilst they still have sufficient have mental capacity. This is a legal document which covers eventualities such as this, allowing an individual to say what they require should they be in such an unfortunate position.

Craig Ward of this firm is the author of the Law Society’s text book on Lasting Powers of Attorney (2nd edition) 2011 and says:

“This case demonstrates that it is important for everyone to make a lasting power of attorney otherwise they are reliant upon individuals they have never met to make decisions on their behalf which may contradict what your family know you would have wanted. I believe that Mr Justice Baker’s decision was correct based upon the fact that M could have made a lasting power of attorney expressing her wishes in writing whilst she had capacity but sadly too many people think it will never happen to them when in fact a significant percentage of the population who suffer from brain injury following accidents. Everyone over the age of 18 and those who have an active lifestyle or drive on the roads may be at risk and would best be advised to create a lasting power of attorney.”

Possibly the most tragic part of this whole story is that the heartache could have been avoided if M had completed a lasting power of attorney or advance directive.

If you require any assistance putting your own affairs in order please call us on 01992 422128 or email one of our experts:

sharon@gardenhousesolicitors.co.uk or craig@gardenhousesolicitors.co.uk

DePuy Product Liability Claims

2011-10-02T18:34:00.006+01:00

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.

There has been much controversy in recent years as to the effectiveness of metal on metal hip implants (MoM) such as the DePuy ASR. Manufacturers have proclaimed MoM hip implants to be revolutionary, enabling younger, more active individuals requiring a hip implant to continue having an active lifestyle. However, this has not been the case for our clients.

Those who may be affected by the defect in the DePuy ASR hip implant may experience a number of adverse symptoms including pain, swelling, reduced movement and problems walking. It can even lead to the formation of pseudotumours.

However, DePuy ASR users cannot be sure they have been affected without the proper investigation and it is therefore necessary that users of the DePuy ASR hip implant contact their surgeon immediately to have ion blood-tests. There are only a handful of hospitals which can conduct the tests and it is therefore essential that samples are taken using the proper equipment and in accordance with best practice.

If you have concerns about the proper investigation for establishing whether your DePuy ASR hip implant has failed or is about to fail please contact Kevin Timmswho will be happy to discuss the process with you.

Another concern with the use of MoM hip implants such as the DePuy ASR is the long term biological effects of users exposure to orthopaedic metal alloys and the effect the metal wear particles can have on the body.

If you would like free advice on whether you, a friend or family member are entitled to make a product liability claim against the manufacturer of the DePuy ASR hip implant please contact Kevin Timms on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or email Kevin at http://www.gardenhousesolicitors.co.uk/news/kevin@gardenhousesolicitors.co.uk.

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

What is 'Probate'?

2011-10-02T18:28:00.010+01:00

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.

When someone dies there are a number of issues that must be dealt with, including dealing with any property that was owned or rented, closing down bank and building society accounts, encashing or transferring shares and investments and settling any debts the person may have had. Financial organizations may start referring to ‘probate’ but this can be misleading for people who do not know what it means. Put simply, probate is the term commonly used for obtaining the legal right to deal with a deceased person’s affairs – administering the estate.

If the deceased person left a Will, the ‘executors’ (the people named to carry out the instructions written in the Will) are likely to need a Grant of Probate in order to administer the estate. The Grant of Probate means that the Court has confirmed the validity of the Will and gives the executors legal authority to proceed to carry out the stated instructions.

If the person died without making a Will, it means they died ‘intestate’ and therefore the law decides how their estate will be distributed. (For more guidance on the intestacy rules please see our Intestacy Article ). The ‘administrators’ (the people legally entitled to deal with the estate – usually the next of kin) will need to apply for a Grant of Letters of Administration before they can start to deal with the deceased person’s affairs. This type of estate can become particularly confusing as the administrators have a legal duty to ensure that distribution is made in accordance with the intestacy rules and to the correct people.

The common belief when there is no Will is that the whole estate will pass to the person’s spouse but this is not always correct and only applies in estates that are relatively small in value. Furthermore, there is no recognition of unmarried partners in the intestacy rules and they may need to successfully claim financial dependence on the deceased person in order to be provided for from the estate.

It is possible to apply for a Grant of Probate or Letters of Administration without any legal advice or guidance, but many people prefer to seek assistance from a specialist solicitor.

Here at Garden House we pride ourselves in offering different levels of service to meet your personal circumstances and requirements, including:
• A one-off meeting to explain how you can deal with matters yourself, the terms of the Will (if applicable) and what your next steps should be;
• Easing the burden by obtaining the Grant of Probate or Letters of Administration on your behalf for a fixed fee;
• Taking the pressure away completely by dealing with the entire estate on your behalf, keeping you updated and informed throughout.

If you require any advice or assistance in dealing with the affairs of someone who has passed away please contact a member of the Private Client team at Garden House Solicitors on 01992 422128 or email Sharon Brown .

Have Your Circumstances Changed?

2011-10-02T17:59:00.008+01:00

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:

> You remarry

> You cohabit with a new partner

> You separate from a partner or spouse

> You have a child or become a grandparent

> You move house or buy an additional property either in the UK or abroad

> You receive a large inheritance or windfall

> You start a new business

> You retire

> One of your beneficiaries goes through a divorce

> One of your beneficiaries enters financial difficulty and faces possible bankruptcy

> One of your beneficiaries predeceases you

> One of your beneficiaries has a disability

> Your partner or spouse goes into care

This is not an exhaustive list and if any of your or your beneficiaries’ personal circumstances change we would recommend that you contact us for a free will review.

For more information or to arrange an appointment please call 01992 422 128 or email Sharon Brown

Frequently Asked Questions on Powers of Attorney

2011-10-02T17:56:00.008+01:00

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.

Can I have my spouse and my children as my attorneys?
Yes, you can have as many attorneys as you wish, and they should be people you trust implicitly.

When should I make an LPA?
As soon as possible! Unfortunately none of us know what the future holds, so it is best to ensure your wishes are set out as sooner rather than later. An LPA does not have to be used straight away but by ensuring it is in place helps avoid delay in dealing with your affairs if and when it becomes necessary.

When can my LPA be used?
The financial LPA can be used as soon as it has been registered with the Office of the Public Guardian, unless you have specified otherwise. However, the Health & Welfare LPA can only be used once it has been registered and if you are unable to make a decision for yourself because you have lost mental capacity.

Who are the Office of the Public Guardian (OPG)?
The OPG is the government body set up to protect people who lack mental capacity. They are responsible for maintaining the registers of EPA’s and LPA’s.

Are the OPG intrusive?
No. However, if they have concerns over an attorney’s actions they do have the power to investigate but this is only as a safeguard to protect the person who has lost capacity.

Do I have to register my LPA straight away?
No. You can choose when to register your LPA but we recommend that it is done at the same time as making your LPA in order that it is ready for use when you need assistance. If you do not register your LPA and you later lose mental capacity your attorneys can deal with registration on your behalf.

Does my EPA have to be registered?
The process for EPA’s is slightly different to LPA’s. They can be used before they are registered, but this is at the discretion of each financial organisation. Your attorneys have a duty to register your EPA at such time as you have lost mental capacity, or are beginning to do so.

What if I change my mind?
An LPA can be revoked at any time, so long as you have the mental capacity to make the decision to do so.

Does an LPA continue after my death?
No, the authority only lasts for your lifetime.

What happens if I do not have an EPA or an LPA?
If you lose mental capacity and are no longer capable of making your own decisions then someone can apply to the Court of Protection to be appointed as your Deputy. If granted, they will have the authority to access your affairs in a similar way to an attorney. However, the process tends to be more lengthy and costly, and there is no guarantee that the person who applies to assist you is the person you would have chosen for yourself.

FAQ’s on the Property & Financial Affairs LPA

Do I lose control of my money when I sign an LPA?
No, not at all. Whilst you still have mental capacity you retain complete control over your finances, in the same way as if you had not signed an LPA. However, if you have an accident or require some assistance whilst you are in hospital for example your attorneys can assist you and carry out any instructions you give them. You can then take over full control when you are able to.

What decisions are covered by this LPA?
Your attorneys will be able to manage your bank accounts and investments, resolve any banking problems, carry on your business, issue cheques and pay your bills, arrange for any care fees to be paid and ensure that you receive any money you may be entitled to. Essentially, they can do anything that you yourself could do, subject to any restrictions you specify.

Can my attorneys sell my home?
Your attorneys have a duty to act in your best interests at all times and to assist you in making your own decisions as far as possible. If the need arose then they could sell your home if it was deemed to be in your best interests.

FAQ’s on the Health & Welfare LPA

Do I have to have both types of LPA?
No, they are two separate documents entirely distinct from each other. However, we would recommend that you complete both LPA’s to ensure that all of your wishes can be carried out.

Can I have the same attorneys look after my health & welfare as I chose for my financial affairs?
Yes, or you can choose different people.

What decisions are covered by this LPA?
This document enables your attorneys to make decisions concerning any care or treatment you require. For example, deciding what care you need in your own home, who should provide that care, whether you should go into a residential home and complaining about any inadequate care you receive. Treatment decisions include whether or not you should have a particular operation, if you would want certain medication, if an assessment is correct and what should happen if you become unconscious.

Couldn’t my family make these decisions for me anyway?
No. Although family are usually consulted by medical professionals in these sorts of situations the final decision making power remains with the doctor in charge of your care at that time.

If you have any questions that have not been answered by this factsheet or if you wish to discuss any issues in further detail please telephone one of our specialist solicitors, Sharon Brown , on 01992 422128 or by email: sharon@gardenhousesolicitors.co.uk

The Effect of a Divorce on Your Will

2011-10-02T17:53:00.006+01:00

Article by
Sharon Brown

Sadly, many relationships break down and end in divorce. It can be a very emotional time for everybody but particularly for parents with children to consider as well.

If you made a Will whilst you were married it is important to review your Will as soon as possible into the divorce proceedings. Until your decree absolute has been granted you remain married and if your Will leaves everything to your spouse he or she will still inherit.

If you have not made a Will, your estate will pass under the intestacy rules which still make provision for your spouse.

If you have children from a previous relationship your spouse may decide to alter the terms of his or her own Will meaning your children may not receive any inheritance.

Your Home:

It is also important to review the way in which you own your home with your spouse. Many married couples own the property as ‘joint tenants’ which means that on the death of the first person the property automatically passes to the survivor – regardless of whether or not you have changed your Will to leave your estate to your children or anyone else.

It is possible to ‘sever the tenancy’ which means you will then own the property as ‘tenants in common’. This means that you each own half the house and you can then leave your share of the property in accordance with the terms of your own Will.

If you are not sure how you own your home we can check this for you.

Appointing a Guardian:

One of the main concerns for a parent when a relationship breaks down is the care of any children.

If you have parental responsibility (the legal rights, duties and authority of a parent) for your child/children you can appoint a guardian within your Will who can then take care of them if you pass away before they reach the age of 18.

If when you pass away there is a surviving parent with parental responsibility the guardian will not usually take up the role until that parent has also died, unless there was a residence order in your favour at the time of your death.

If you have any questions about the issues raised please email Sharon Brown - sharon@gardenhousesolicitors.co.uk or telephone 01992 422128 .

What is an Enduring Power of Attorney?

2011-10-02T17:51:00.005+01:00

Article by
Sharon Brown

An Enduring Power of Attorney (EPA) could be made prior to October 2007, and enabled a person to choose who they wished to assist them in relation to the financial affairs.

Since October 2007 it has not been possible to prepare new EPA’s, but any that are already in existence are still valid. The change in the law made it possible to produce two types of Lasting Power of Attorney (LPA); one to cover your property and financial affairs and one to cover your health and personal welfare.

An EPA is valid from the date it was signed by the donor and attorneys, and can be used both before and after it has been registered with the Office of the Public Guardian. Whilst you retain mental capacity, it can be used by your attorneys so long as you consent to their actions.

An attorney has a duty to register the document at such time as the donor has lost or is beginning to lose mental capacity. It is at the discretion of each bank or financial organisation whether or not they accept an unregistered EPA.

If you require more detailed advice on EPA’s, acting as an attorney or preparing a new LPA see www.gardenhousesolicitors.co.uk/wills-power-of-attorney-and-probate.htm or call 01992 422128 and ask to speak to a member of the Private Client team.

Signing Your Will

2011-10-02T17:49:00.007+01:00

Article by
Sharon Brown

The legal term for the signing and witnessing element of writing a valid Will is called attestation.

The testator (person making the Will) must sign the Will in the presence of two independent witnesses, who should then sign, print their name and add their address and occupation beneath the testator’s signature. These details are needed in case a problem arises with your Will after your death, as your witnesses may be asked to provide evidence, confirm it was you who signed the Will, etc.

Whilst this may sound very straightforward, faulty attestation is one of the most common reasons Wills are found invalid.

If you prepare your Will through us, this would not be an issue as once you are happy with your Will we go through the attestation with you and provide witnesses.

However, this is a big problem with DIY wills. If the will is not reviewed during the lifetime of the testator significant problems could arise after his or her death and if the will is invalid could mean that the estate passes under the Intestacy Rules.

If you have any concerns or wish to arrange a free Will review please email Sharon@gardenhousesolicitors.co.uk or telephone 01992 422128 and ask to speak to a member of the Private Client team.

Changing a Will After Death

2011-10-02T17:47:00.008+01:00

Article by
Sharon Brown

Unbeknown to many people, it is possible to ‘vary’ the contents of someone’s Will after they have passed away, provided the people who would have inherited are happy to sign a Deed of Variation (also called a Deed of Family Arrangement).

A Will sets out the final wishes of a person and many people mistakenly believe that this cannot be altered. However, a Deed of Variation can be used to ‘re-write’ certain parts of a person’s Will. The original purpose of these documents was to protect people’s dependents being unfairly deprived but they are now commonly used to reduce the amount of Inheritance Tax payable on an estate.

To be legally valid a Deed of Variation must be made within 2 years of the date the person died, be made in writing and be signed by everyone whose entitlement will be reduced. If the variation affects the entitlement of a child or unborn child then Court involvement is likely to be necessary.

If you have any questions or require further assistance please email Sharon Brown - sharon@gardenhousesolicitors.co.uk or telephone 01992 422128 and ask to speak to a member of our private client team.

What are the Intestacy Rules?

2011-10-02T17:45:00.009+01:00

Article by
Sharon Brown

If someone dies without leaving a valid Will, they die ‘intestate’. The law then determines who their estate passes to. This is a simple guide only, and we would urge you to contact us if you require advice relevant to your own circumstances. Please note that the figures quoted are correct as at June 2011.

Deceased person was married/in a registered civil partnership and had children:

> Spouse/civil partner gets first £250,000 and any personal possessions;

> Anything remaining is divided into two parts:

– Half to the children when they turn 18 or when they get married (whichever event comes first);

– Half is held in trust during the spouse/civil partner’s lifetime – they get the income only. On their death, this half also goes to the children.

If a child predeceases, his or her own children will take the share equally between them.

Deceased person was married/in a registered civil partnership but did not have children:

If there are parents, brothers or sisters of the whole blood, nephews or nieces:

> Spouse/civil partner gets first £450,000 and any personal possessions ;

> Anything remaining is divided into two parts:

– Half goes to spouse/civil partner;

– Half to parents. If no surviving parents, this share goes to brothers or sisters or their children.

Deceased person married/in a registered civil partnership with no surviving parents, brothers or sisters, or nieces and nephews:

Spouse/partner takes whole estate.

Deceased unmarried with children:

Estate divided equally between the children when they reach 18, or when they get married (whichever event comes first).

If a child predeceases, his or her own children will take the share equally between them.

Deceased unmarried but did not have children:

> Estate goes to parents;

> If none, then to siblings of the whole blood or their surviving children;

> If none, then to siblings of the half blood or their surviving children;

> If none, then to grandparents;

> If none, then to uncles and aunts of the whole blood or their children;

> If none, then to uncles and aunts of the half blood or their children;

> If there are no parents, siblings (whole or half blood), children of siblings, grandparents, uncles and aunts (whole or half blood), or children of aunts and uncles the estate will pass to the Crown or to the Duchy of Lancaster or the Duke of Cornwall.

As you can see, the intestacy rules are far from simple. For clarification, the following people have no right to inherit when someone dies without making a Will:

> Unmarried couples;

> Lesbian or gay partners not in a registered civil partnership;

> Relations by marriage;

> Close friends;

> Neighbours;

> Carers.

If you fall into this list of people and have recently lost a loved one, it is possible to make a claim on their estate. If this is the case we would urge you to contact one of our specialist advisors as soon as possible.

For more detailed advice on any of the issues please call 01992 422128 and ask for a member of the private client team or email Sharon@gardenhousesolicitors.co.uk

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

The Truth About Going Under the Knife - Dispatches Reports (DePuy ASR Hip Implants)

2011-10-02T17:41:00.007+01:00

Article by
Kevin Timms

On Monday 16 May 2011 Dispatches reported on investigations into whether manufacturers of medical devices have been putting innovation before patient safety. The focus was very much on the artificial hip implant protheses manufactured by DePuy International Limited.

‘The Truth About Going Under the Knife’ primarily explored the ASR hip implant, which applies to both the resurfacing system and the total hip replacement. The programme focussed on the manufacturer DePuy.

Dispatches reported that medical drugs receive much more stringent testing than medical devices, despite approximately 40 million people using medical devices every day. Furthermore, approximately 70,000 people receive hip implant surgery every year in the UK alone.

Though most hip implants last for between 10 and 15 years, many of the ASR hip implants last but a couple of years.

Those who have received an ASR hip implant are urged to seek regular check ups with their GP or surgeon to ensure that their implant is functioning properly. Those who are unsure what brand of implant they have should seek confirmation of this from their surgeon, particularly if they are experiencing adverse symptoms.

ASR hip implants are an implant which was designed for the active person and it was manufactured using metal comprising of Cobalt and Chromium. The ASRimplants are designed to lubricate as the metal rubs together, however, with the ASR hip implant, this lubrication breaks down leaving the raw metal to rub together.

This rubbing causes the metal to wear and release Cobalt and Chromium particles (ions). The symptoms of this can vary depending on how quickly treatment is sought and the consequences can range from inflammation to the formation on non malignant pseudotumours and dead tissue. In the most extreme circumstances the bone can even be destroyed

1 in 8 patients have required revision surgery within five years of implantation (approximately 13%). One centre in the UK had even reported a failure rate of almost 50%.

Symptoms experienced by patients included pain in the groin and hip, trouble walking and swelling, though all need not be present at once.

Metal from the ASR hip implant can enter the blood stream and blood tests are therefore a good indicator of whether an ASR hip implant is functioning properly. Generally, Cobalt and Chromium blood levels should be below 2 parts per billion (ppb) but some patients with ASR hip implants have shown up to 150 ppb. The indicative relevant level is 7 ppb and anything higher than this should be investigated further with an MRI scan or ultrasound.

Though it has been shown that when defective ASR hip implants have been removed blood levels return to normal, surgeons cannot be certain what long term effects these metal ions will have on the body.

The American Academy of Orthopaedic Surgeons conducted research which showed that up to half of ASR hips they put in shed metal, one of the highest failure rates ever. DePuy initially disagreed with the finding that their ASR hip implants had an inherent defect. Subsequently DePuy withdrew their ASR hip implant from the market for ‘commercial reasons’ prior to issuing a voluntary recall of all its ASR products in August 2010.

In 2007 DePuy stated that the problems experienced by patients with ASR hip implants were as a result of inexperienced surgeons, however, they have now conceded that their ASR hip implants are not fit for their intended purpose.

Hundreds of people in several countries are making claims against DePuy for injuries they have sustained as a result of the defect in the ASR hip implants. If you have received a DePuy ASR hip implant and are experiencing adverse symptoms you may be entitled to make a claim. Please contact Kevin Timms to discuss your claim further on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk

In order for a company to market a medical device within the EU that company must first obtain a CE mark for each product. One problem that arises is that companies do not necessarily need further investigation or clinical trial to obtain the necessary authorisation to alter products already on the market, unlike brand new products which need extensive clinical trials. Furthermore, in many circumstances, companies only need to show that a device is the equivalent to something already on the market in order to obtain permission to market.

“Appalled at how many devices are brought to market with a lack of appropriate clinical data” – Susanne Ludgare (MHRA).

One example to illustrate the above quote from Ms Ludgate is the ASR hip implant. This particular implant did not receive clinical testing on people, only simulator testing. Surgeons are now requesting that medical devices have at least two years clinical data before being marketed for sale.

No one can dispute the fact that advances in medical devices is saving lives, however, as Dispatches have reported, some manufacturers may be putting innovation before patient safety.

If you have had received a DePuy ASR hip implant since July 2003 and are experiencing adverse symptoms you may be entitled to make a product liability claim. Please contact Kevin Timms on 01992 422 128 or email Kevin at kevin@gardenhousesolicitors.co.uk

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

Metal on Metal Hip Resurfacings and Pseudotumours (DePuy ASR)

2011-10-02T17:38:00.010+01:00

Article by
Kevin Timms

The Nuffield Orthopaedic Centre in Oxford have published a study on a clinical trial concerning a number of patients who had received metal on metal resurfacing, who has various symptoms and a pseudotumour (these are non malignant).

This study showed that the most common symptom was discomfort in the hip whereas other symptoms included spontaneous dislocation, nerve palsy (a collective term for a range of nervous disorders that result in weakness or immobility of nerves in some region of the body) a noticeable mass or a rash.

If you have received a DePuy ASR hip resurfacing system or any other metal on metal hip resurfacing system please contact the product liability team at Garden House Solicitors by telephone - 01992 422 128 or by email – kevin@gardenhousesolicitors.co.uk .

Those who conducted this clinical trial estimated that approximately 1% of patients who have a metal on metal resurfacing system develop a pseudotumour within 5 years post implantation.

However, DePuy have established that approximately 12% of patients who have received the DePuy ASR resurfacing device and 13% of patients who have received the DePuy ASR total hip replacement have needed revision surgery within 5 years post implantation.

Those who have received a DePuy ASR hip implant since July 2003 should seek medical advice to confirm whether their hip implant is functioning correctly and they should contact Kevin Timms within the product liability team at Garden House Solicitors to discuss whether they are entitled to make a claim for compensation. We can be contacted on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or email Kevin at kevin@gardenhousesolicitors.co.uk

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

DePuy ASR Hip Implants - long-term biological effects of exposure to orthopaedic metal alloys

2011-10-02T17:35:00.005+01:00

Article by
Kevin Timms

At present there are many people who have concerns over their DePuy ASR hip resurfacing systems. The reason for this is that it has been reported that the DePuyASR hip replacement and hip resurfacing system have an abnormally high failure rate. In terms of statistics, this equates to 1 in 8 patients requiring revision surgery within 5 years of implantation.

The Nuffield Orthopaedic Centre in Oxford have published a study on the long-term biological effects of exposure to orthopaedic metal alloys. The study particularly focused on Cobalt and Chromium ions derived from metal on metal wear debris from medical implants such as hip implants.

A pseudotumour is defined as a tumour like mass resulting from inflammation, fluid accumulation or other causes. The study has suggested that such pseudotumours may present with a major nerve palsy (which is a collective term for a range of nervous disorders that result in weakness or immobility of nerves in some region of the body).

The study advises that “preoperative neurohysiological studies showed severe and irreversible pathological changes to nerve function with neurohistopathological evidence of complete nerve destruction with a previously unreported pathological appearance”. This may represent what may be a toxic pathological process resulting from metal on metal wear debris.

This study is not directly aimed at the DePuy ASR hip implants but metal on metal hip implants as a whole. However, it does confirm that there are severe injuries which patient’s could suffer if they do not regularly seek medical advice.

If you have had a DePuy ASR hip replacement or hip resurfacing system and are experiencing adverse symptoms such as pain, swelling or having problems walking please contact Kevin Timms within the product liability team at Garden House Solicitors to discuss whether you are entitled to claim compensation for injuries sustained as a result of a failed DePuy ASR hip implant or other metal on metal hip implant.

Kevin can be contacted on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or email him at kevin@gardenhousesolicitors.co.uk

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

Biological Effects of Wear Particles from Metal on Metal Hip Protheses (Relevant to DePuy ASR Hip Implants)

2011-10-02T17:32:00.005+01:00

Article by
Kevin Timms

In 2008 the Institute of Medical and Biological Engineering at the University of Leeds published a study on the metal particles released from metal on metal hip protheses (implants).

This study was concerned with the release of Cobalt and Chromium particles, particles which are also tested for when seeing if the DePuy ASR hip replacement or resurfacing systems have failed.

This study found that hip implants made with Cobalt and Chromium have the potential to release metal ions, which may be toxic to cells, induce deoxyribonucleic acid (DNA) damage or cause the patient hypersensitivity.

The wear of metal on metal hip implants is dependant upon the design and in particular the carbon content of the alloy, the radial clearance and the head diameter.

DePuy have voluntarily recalled their ASR hip replacement and resurfacing system which have been in circulation since July 2003. However, the importance of this study confirms the need to have regular blood tests to ensure that your metal on metal hip implant is functioning properly. This is particularly important if you have received a DePuy ASR hip replacement or resurfacing system since July 2003.

If you have any concerns on whether your metal on metal hip implant is functioning properly you should seek medical advice from you operating surgeon, hospital or GP.

If you have experience adverse symptoms with your DePuy ASR hip implant or other metal on metal hip implant please contact Kevin Timms 2008 the Institute of Medical and Biological Engineering at the University of Leeds published a study on the metal particles released from metal on metal hip protheses (implants).

This study was concerned with the release of Cobalt and Chromium particles, particles which are also tested for when seeing if the DePuy ASR hip replacement or resurfacing systems have failed.

The wear of metal on metal hip implants is dependant upon the design and in particular the carbon content of the alloy, the radial clearance and the head diameter.

If you have any concerns on whether your metal on metal hip implant is functioning properly you should seek medical advice from you operating surgeon, hospital or GP.

If you have experience adverse symptoms with your DePuy ASR hip implant or other metal on metal hip implant please contact Kevin Timms within the product liability team at Garden House Solicitors on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or send him an email at kevin@gardenhousesolicitors.co.uk .

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

Why those with Metal on Metal Hip Implants Should have Regular Blood Tests

2011-10-02T17:29:00.006+01:00

Article by
Kevin Timms

Recent studies have shown that metal on metal hip implants, such as the DePuy ASR hip replacement of resurfacing system release metal particles into the blood stream of a patient.

These metal particles are a good indicator of whether a hip implant is functioning correctly. Regular blood tests should be taken to see whether there are increased levels of Cobalt or Chromium ions within the blood. Increased Cobalt and Chromium ions are an indicator of surface wear of a metal on metal hip implant and can cause a soft tissue reaction leading to severe tissue damage.

Recent studies have indicated that metal on metal hip implants may cause non malignant tumours, known as ‘pseudotumours’ or solid lesions. Such tumours can form around the hip. Other indicators of whether a metal on metal hip implant has worn abnormally quickly are MRI scans and ultra sounds.

Those who have received a DePuy ASR hip implant or another metal on metal implant should seek medical advice immediately and contact the product liability team at Garden House Solicitors to seek advice on whether they are entitled to make a claim.

The British Hip Society has advised that where a pseudotumour is present, revision surgery may be much more challenging as it may require difficult debridements (removing dead, contaminated or adherent tissue) and reconstructions.

Furthermore, it is strongly recommended that anyone who is due to have revision surgery requests that their hip implants, whether a DePuy ASR implant or other metal on metal implant be retained for expert evaluation. Garden House Solicitors also strongly recommend this as it will add weight to any claim you may be entitled to make.

Any hip implant that is removed during revision surgery should be retained as the metal on metal hip implant is the property of the patient and cannot be discarded as medical waste without the patient’s permission.

If you have had a DePuy ASR hip implant or other metal on metal hip implant please contact the product liability team at Garden House Solicitors for further information and advice on whether you are entitled to claim for the injuries you have sustained and other financial losses associated with your DePuy ASR hip implant or other metal on metal hip implant.

If you are concerned that you have received a failed DePuy ASR hip implant since 2003 or another metal on metal hip implant, please contact Kevin Timms within the product liability team at Garden House Solicitors on 01992 422 128 begin_of_the_skype_highlighting 01992 422 128 end_of_the_skype_highlighting or send an email to kevin@gardenhousesolicitors.co.uk