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$25m settlement proposed for ‘one size fits all’ breast augmentation surgery class action
After a seven-year legal battle, an Australian cosmetic surgery clinic has settled a class action against it for $25 million following allegations of patients experiencing punctured lungs, seizures, and ongoing issues as a result of botched breast augmentation surgery.
Lauren Croft
In a class action first launched against The Cosmetic Institute (TCI) in 2017, thousands of group members have received a proposed settlement notice of $25 million.
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The case was originally scheduled for a hearing in the Supreme Court of NSW on Monday (15 April), but the parties reportedly reached a last-minute settlement agreement.
TCI will collectively pay $25 million to settle all claims in relation to “breast augmentation surgeries (BAS) performed at premises occupied by The Cosmetic Institute Pty Ltd, The Cosmetic Institute Parramatta Pty Ltd, TCI Bondi Junction Pty Ltd and/or TCI Southport Pty Ltd (TCI Premises)”, according to the settlement notice.
Damages had been sought by a dozen lead plaintiffs and hundreds of other group members for further revision surgery, as well as physiological treatment from the botched surgery.
The group members are people who had breast augmentation surgery (BAS) at a variety of TCI locations across NSW and Queensland using the “one-size-fits-all” approach, which allegedly resulted in a number of complications, including ripping of the implants, tissue trauma, haemorrhage, infection, scarring, the development of large-cell lymphomas and local anaesthetic toxicity leading to potential cardiac arrest and death, according to the statement of claim first filed in 2017 in the Supreme Court of NSW.
The surgery, which was advertised at the time as a boob job for the “cost of a cup of coffee a day” and allowed payment plans of $20 a week, cost $5,990 total and included the cost of the implants, surgery, hospital and anaesthetic fees as well as GST and follow up appointments.
However, the class action alleged that inadequate infection control procedures were used and that there was no capacity to access emergency assistance during the procedure. TCI Parramatta and TCI Bondi were also alleged to be unlicenced and unable to legally administer general anaesthesia.
The class action also alleged that TCI did not inform patients of potential risks around the “one-size-fits-all” procedure and engaged in misleading and deceptive conduct.
As reported by news.com.au, three women who had BAS suffered significant consequences, with one suffering seizures, one undergoing emergency surgery, and one going into cardiac arrest following a high dose of local anaesthetic.
Of the settlement, $10 million – subject to court approval and requested by law firm Turner Freeman, which represented the plaintiffs – will go towards legal fees, disbursements and settlement administration costs.
The 12 lead plaintiffs will receive $2.8 million collectively, with payments ranging from $120,000 up to $370,000. The rest of the settlement will be divided between the other group members, with approximately 1,000 registered so far.
People who had BAS performed at the TCI premises on or before 29 October 2017 have been urged to register as they may be eligible to participate in the settlement.
In May, there will be a two-day hearing to decide whether the settlement is fair and reasonable.
The settlement comes without admission of liability by The Cosmetic Institute – and according to various reports, The Cosmetic Institute and its subsidiaries are also now in liquidation.
