Hundreds of WA women who wanted to sue the local distributor of their faulty breast implants are devastated their class action has been dropped because the company is unlikely to be able to pay compensation.
Lawyers Tindall Gask Bentley yesterday wrote to the 1300 claimants, 450 from WA, to say it would no longer pursue its claim against Medical Vision Australia, which is in liquidation.
"It is highly unlikely the company has sufficient assets to satisfy any award of considerable consideration," TGB partner Timothy White wrote.
Between 1998 and 2010 about 13,000 French-made Poly Implant Prothese implants were supplied in Australia before the Therapeutic Goods Administration banned them because they were prone to rupture.
But not until December 2011 and after international news that the devices may contain industrial chemicals did hundreds of WA women rush to check the safety of their PIP implants.
Many discovered ruptures and leaking, with some immediately having surgical removal.
Caversham mother-of-two Helen Dougill said she was disappointed the distressed and potentially unwell claimants could not be compensated.
Her two PIP implants both ruptured and are leaking into her lymph nodes. "I still haven't had mine removed," Mrs Dougill said. "My plan was to wait until the court case and then use whatever compensation we were going to get for surgery.
"I can't afford to get them removed, so I pretty much have to live with the consequences."
TGA figures show 451 confirmed reported ruptures, with a further 22 unconfirmed.The lawyers said MVA's insurer had not agreed to indemnify the company for PIP implants. The women would need an injury from the implants during the insurance period, mainly from October 31, 2009, to October 31, 2010, which applied to a small group.
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