Lifetime Warranty on Silicone Breast Implants

Questioner

I would like to submit the following situation to you for assessment regarding legal advice: 11-09-2014: breast enlargement at a private clinic 08-17-2021: ultrasound of the breast implants made, for control and due to pain complaints. 10-09-2021: phone result received, with suspicion that both implants are leaking/torn. MRI will follow to provide certainty. 05-10-2021; suspicion of leakage confirmed by MRI. Medical necessity to have implants removed. In the meantime, I have been in contact with the manufacturer of the breast implants, who, according to the website, speak of a lifetime guarantee. After contacting the representative, it turned out that the small print states that a number of conditions must be met in order to qualify for reimbursement for the breast implants. Knowing that the breast implants after explantation should be sent to the manufacturer for examination. If there is leakage or a certain category of capsule formation, the complaint would be declared justified, and one would be eligible for compensation. The condition for this is that the same implants are placed again. However, I never received any general terms and conditions that stated this. In addition, my immune system is completely compromised (demonstrable after blood tests), which makes it irresponsible to place the same type of implants again. In addition, the breast implants were only placed 7 years ago, so normally they do not leak/rupture so quickly. The surgeon also told me that this type of implants are no longer placed for health reasons, which contradicts the guarantee offered by the representative. My question: can I still claim compensation in some way? For example, if I now have to have my breasts reconstructed after explantation? If the current implants have to be removed after a relatively short period of time, I will not only lose a lot of money, but I will also be left with irreversible damage to my health and “sagging” breasts. I had asked the representative whether they could accommodate me for breast enlargement using my own fatty tissue, but it was only possible under the conditions they set. However, if these implants are no longer placed at all... how can they speak of a guarantee? (I have not discussed this with the representative yet) And is it possible to take this further by making it a case? I look forward to hearing from you. Yours sincerely,

Lawyer

Good morning, Thank you for your question and clear explanation. You may consider holding the private clinic and/or the manufacturer liable for your damages. The private clinic may be liable for the use of an 'unsuitable item' (see, among others, Articles 6:74 and 6:77 of the Dutch Civil Code). The manufacturer may be liable for a 'defective product' (Articles 6:185 et seq. of the Dutch Civil Code). In order to advise you properly on whether you can successfully hold these parties liable, I need more information. You can contact me free of charge for this via 033-3037947. Yours sincerely, Jorian van Oel www.solvitadvocatuur.nl