Implant damages assessment hearing ‘in weeks’

An assessment of damages due to a woman, who had defective silicone gel prostheses implanted in her breasts, could be heard within the next few weeks.

Samantha Gibbs was refused a second judgment against The Harley Medical Group (Ireland) Limited despite having been told it was a ‘different’ company, although bearing an identical name to one against which judgment had already been granted for default of appearance.

Barrister Sarah Reid, counsel for Ms Gibbs, of Hillside, Ballintubber, Castlerea, told the Circuit Civil Court that although the companies bore the same name they were registered at separate addresses in the British Virgin Islands.

“There was a multiplicity of company names referred to on the contract booking form used by the defendant,” Ms Reid told Judge Jacqueline Linnane.

She said the court had allowed Ms Gibbs to re-enter her second claim against The Harley Medical Group (Ireland) Limited in liquidation and she was now seeking judgment against that company registered at a different address. “It is a different company”? she said.

Judge Linnane said Ms Gibbs already held a judgment in default of appearance for her claim against a company of identical name in the British Virgin Islands and the court was not prepared to duplicate its decision. The judge said an assessment of damages in relation to the existing judgment was due to be heard by the court.

Ms Gibbs is one of hundreds of women who have sued the Harley Group, formerly of 5 Herbert Place, Dublin 2, and two other Irish cosmetic clinics for breach of contract in the surgical insertion of Poly Implant Protheses (PIPs) manufactured by a French company.

Ms Reid had already told the court that Ms Gibbs had initiated her damages claim after learning from widespread media coverage in 2007 that the implants could rupture and leak industrial grade silicone into her body.

She said the company had applied to the High Court to be wound up and was now in liquidation. Ms Justice Mary Laffoy had already been told that the Caribbean-based company was ‘hopelessly insolvent’.