Up to 1000 women in class action over botched boob jobs

Women who had botched boob jobs at the controversial clinics run by The Cosmetic Institute have today won their fight to take on the company which they allege operated like a ‘fast food franchise’.

Women who had botched boob jobs at the controversial clinics run by The Cosmetic Institute have today won their fight to take on the company which they allege operated like a “fast food franchise”.

In the Supreme Court, Justice Peter Garling has given up to 1000 women the go-ahead for a class action which has been lodged against the clinics and their former surgical director, Dr Eddy Dona.

The case was lodged after two women, Amy Rickhuss, 24, and a 42-year-old, needed resuscitation on the operating table at two of the company’s clinics at Parramatta and Bondi Junction and had to be rushed to hospital.

Amy Rickhuss, 24, needed resuscitation on the operating table. Picture: Facebook

In the first class action to take on the booming cosmetic surgery industry, Justice Garling said the women’s claims were all similar enough to be heard together.

They all had breast augmentation surgery at the TCI clinics in Parramatta, TCI Bondi Junction, Concord Private Hospital, Holroyd Private Hospital and at TCI Southport in Queensland.

The judge said it is alleged that Dr Dona devised and trained doctors in the “one-size fits all” process in which the women allegedly received the same round implants in identical operations regardless of their size or breast shape.

Former surgical director, Dr Eddy Dona.

He said the lawyers for the women, Turner Freeman, had alleged in their statement of claim that the “one size fits all” approach increased the risk of 11 complications of breast surgery, including haemorrhage; excessive tissue trauma; infection; scarring; and local anaesthetic toxicity, leading to cardiac arrest, pneumothorax and death.

“In my view, it is clear that there are a number of important common questions arising from the claims of the plaintiffs and group members,” Justice Garling said.

The Cosmetic Institute premises in Bondi Junction.

He said the case, which is now expected to go to trial and be defended by TCI and Dr Dona, would include the extent of training and accreditation of anaesthetists, including whether they were trained to use local anaesthetic and twilight sedation rather than general anaesthetic.

TCI and Dr Dona had opposed the class action and will now have to pay costs of the case so far. They have not been required to file defences to the allegations.

The case has been adjourned to December 14.

Lawyer Sally Gleeson, who has lodged the class action, said it was a very important step for the several hundred women.

“It is very pleasing for the legal roadblock to have been removed by the court and to now be able to move forward with the proceedings and obtain justice for women I represent,” Ms Gleeson, a partner at law firm Turner Freeman said outside court.

“We can now proceed with advancing the cases of so many injured women who deserve to be at the very least heard.”