Clipping of news on Brazilian Culture, Law and Citizenship
18/01/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Law still applies to anyone who has a prosthesis without evidence of rupture
Women with silicone breast implant brands of French Poly Implant prothesis (PIP) and Dutch Rofil can seek legal redress in the courts and even compensation for the problems experienced.
According to the legal consultant of Procon in Rio de Janeiro, Camile Linhares, the patient should throw all those involved in the placement of the implant - the manufacturer, the importer, the hospital or clinic, the doctor and even ANVISA (National Agency Health Surveillance). The Consumer Protection Code requires that the responsibility for the violation jointly and severally, ie, is shared by the participants in the service.
"She [patient] must put all that when you make up the chain to prevent the action of pushing the game," said the consultant. "ANVISA was the one who approved and released the product."
In the opinion of Camile Linhares, the right applies even for women with prostheses of both brands with no signs of rupture.
- In our understanding, even those who had no problem and are unsafe may join the suit.
The request for reimbursement, according to the consultant, independent of the reason for the initial surgery - medical referral or aesthetic purpose.
The argument is also defended by attorney IDEC (Brazilian Institute for Consumer Protection), Joana Cruz. "Nobody has burst to expect [the implant] to chase."
For the lawyer, in addition to covering the removal and replacement of ruptured implant, the health plan and the SUS (Unified Health System) should be required to bear the cost of a preventive withdrawal. However, the Ministry of Health, the ANS and ANVISA (National Agency of Supplemental Health) agreed that the public and operators should pay only for reconstructive surgery if found breaking the prosthesis.
"The nomination of substitution is not universal and is confined to evidence of rupture, which are identified in the guidelines," says a statement issued by the government.
The beautician Jany Ferraz, 54, to court because of problems with the PIP implants. In 2005, the gaucho had a mastectomy (removal of both breasts) due to cancer and a French put the prosthesis, indicated by the plastic surgeon. At the time, paid R$ 3.200 for the pair, since the health plan to afford another brand.
Four years later, Jany began to have fever and pains in her right breast. He did tests and found that the silicone had leaked out. A resident of San Gabriel, 320 kilometers from Porto Alegre, the beautician approached the doctor and EMI, which split the importer PIP prosthesis in Brazil, to pay for a new procedure.
Without success, the beautician has filed a lawsuit against the company. The court ruled that EMI arcasse with the cost of replacing the implant, which reached R$ 14 thousand. Despite the change, Jany again had problems and replaced the right implant again.
The beautician says that is still struggling with the remnants of silicone leaked spread in the chest, especially in the armpit. She must undergo a new surgery within two weeks. "It will not to take anything," he says.
Jany Ferraz awaits judge's decision on the request for compensation for moral damages. "I never had more rest. My life stopped. Will not have money to pay what happened to my health, "he fumed.
The French and Dutch PIP Rofil are accused of used industrial silicone, not suitable for breast prostheses. Authorities in France advised women in the country to remove the implants as a precaution.
Source: News R7
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This article was translated by an automatic translation system, and was therefore not reviewed by people.