Cochlear Implant Claims

Claiming compensation for an injury or illness caused by defective cochlear implants begins with a free initial consultation. We’ll discuss your case, whether you have a legal claim, and what funding options are available, including no win no fee agreements.

Whatever decision you make next is yours. If you do decide to make a claim with us, we will usually follow the same three stages:

• Investigation: We will begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert.
• Compensation: We will work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you have had, and your ability to return to work. We will put this amount to your opponent, who can either accept or contest your claim.
• Conclusion: If your opponent accepts liability, you will be awarded compensation. If not, court proceedings will begin.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way.

Many of our cases are funded with a no win no fee agreement. This means there’s nothing for you to pay until you’re successful, at which point your opponent will pay most of the fees.

If we think you will be best supported by a no win no fee agreement, we’ll explain the process clearly, including setting up any insurance policies.

How much compensation you receive for defective cochlear implants will depend on various factors related to your condition, its circumstances, and the support and rehabilitation you need.

The amount of compensation you could claim will depend on many factors, including:

• Medical and travel expenses you have had to pay
• Your care and support needs, both now and in the future
• Current and future loss of earnings from being unable to return to work
• Your pain and suffering, and the nature of any ongoing problems you have.

The most common cochlear implant defects are electrical and sometimes stem from the manufacturing process. Given the sensitive nature of the implant, and where it sits beneath the skin, there have been instances where the implant hasn't been properly sealed and moisture has got into the device, affecting its electrical circuits and leading to implant failure.

Implant failure can be an extremely uncomfortable and painful experience for the user, often with a significant impact on their life. Problems may involve:

• Distressing auditory effects, like loud banging, cracking, or whistling
• Intermittent function of the implant
• Needing to replace the entire implant, which often means distressing and invasive surgery

If you have suffered a painful defective cochlear implant, it may not be immediately clear who is responsible. Typically, the manufacturer of the implant is to blame, as they have a responsibility to ensure that all their products are safe for use.

The Consumer Protection Act of 1987 defines a defective product as one that does not achieve a level of safety “which persons generally are entitled to expect.” It's our view that medical devices designed for implantation into the human body should be designed and manufactured to the highest specification and should not be the subject of basic design and manufacturing faults.

Alternatively, there may be cases where the implant was made correctly but fitted badly. This could be the fault of the surgeon, in which case, the claim would be directed towards the individual surgeon, the hospital, or the Trust it sits within, depending on the circumstances.