A multimillion-dollar settlement has been proposed in a class-action lawsuit against The Cosmetic Institute. Women in NSW and Qld who claim to have suffered complications from The Cosmetic Institute’s “one size fits all” breast augmentation procedure could be compensated under the proposed settlement.
The lawsuit, lodged against The Cosmetic Institute and led by law firm Turner Freeman, accused the medical facility of causing heart issues, lung punctures and seizures due to negligence of The Cosmetic Institute’s doctors and staff.
The case, which had been on course for an extensive civil trial at the NSW Supreme Court, witnessed a pivotal turn at the 11th hour as the involved parties agreed to settle just days before the trial was due to commence, the Guardian reports.
The plaintiffs sought compensation for a range of post-operative care including psychological support, additional corrective surgeries and ongoing medical supervision. Plaintiffs contended that they were not adequately informed about the risks linked to the company’s uniform surgical approach, accusing staff members of negligence and failing to uphold their duty of care and consumer guarantees.
Operations under scrutiny were primarily conducted at The Cosmetic Institute’s facilities located in Parramatta and Bondi Junction in Sydney, and other locations including the Gold Coast.
According to the terms of the agreement, the 12 main plaintiffs of the class action will collectively receive slightly over $2.8 million. Law firm Turner Freeman have requested $10 million for legal expenses and their future expenses in calculating compensations for affected patients who continue to come forward. The remaining $12.2 million will be distributed among other patients who come forward.
The proposed settlement does not include any formal admission of liability from The Cosmetic Institute or any involved staff members. This development comes as the company and its subsidiaries undergo liquidation, potentially absolving them from covering the settlement costs directly.
The next steps involve a scheduled hearing on May 13, where a judge will hear any objections from the plaintiffs and discuss the fairness and appropriateness of the proposed deal. The judge will then decide whether to sign off on the settlement.