€1,696,153.84 - what a fantastic result for Hodge Jones & Allen
(solicitor Peter Todd) and #Devonshires (solicitor Karen Cathcart)
But definitely not for their 126 unhappy clients fitted with faulty Oculentis lens implants…
Devonshires clients each received £4,500, and HJA clients approx £6,050 - unarguably the WORST out of court Settlement Agreements (SA) I've yet seen for claimants damaged by refractive eye surgery!
(Copy of the 11 page SA posted by one of the claimants below)
Though both amounts an insulting pittance, it should now be of interest to Devonshires clients that HJA clients received almost 25% more than they did!
NB: We do not have 'Class action’ in the UK, ‘Group Litigation’ is the term used to describe collective legal action, yet this was Peter Todd's (HJA) email to me on 6 June 2018:
My 18 & 23 June posts discussed this matter in detail, which lead to both solicitors telling claimants that Oculentis (aka Teleon) might withdraw their offer because I had published, one person even sending a message asking me to take down my posts!
This was utter bullsh*t (or I obviously understand the mentality of this industry better than HJA & Devonshires do!) because I knew full well that Oculentis wouldn’t withdraw their offer.
The truth is, both law firms were desperate for their massive profits from the ‘class action’, because if less than 95% agreed to accept the SA, then Oculentis would withdraw the offer - in my opinion it would have been better for clients had they done so, forcing the lawyers to negotiate a better deal, as other firms have done!
And I have had sight of (and am in possession of) many of the emails and letters both Peter Todd and Karen Cathcart sent to their clients, with warnings not to post on any of my social media sites, not to discuss their details with anyone else in the closed #MBEF group, to delete any comments, and to stop following any of my pages, keeping each claimant isolated and scared they might lose the pittance they eventually received!
Regardless of which, throughout the last year, more than 25% of HJA and Devonshires clients involved in this claim have contacted me with their concerns about the position they found themselves in, and some more recently with concerns about the SA they have been forced to accept.
These are a few of the issues to consider:
1. Many claimants had their surgery at Optegra Eye Hospital, bilateral cost £7,000.
2. Some clients still need explants, bilateral cost approx £7-11,000, depending on choice of surgeon - of course free with nhs.uk!
(When asked by one client if cover of costs for future explants would be included in the SA, Karen Cathcart assured them this was being discussed with Oculentis. Yet this has not been included, and I believe clients may not even have recourse to the Oculentis Patient Pathway after signing this agreement.*)
3. Clients who signed up with Devonshires were assured that their claim would be dealt with on its own merits, definitely not as part of a group. I also have a recording of their Head of Dept (Nick Grant) confirming this to me.
4. HJA joined forces with Devonshires in September 2018, as I was told that Devs were allegedly struggling with the Oculentis cases, whilst Peter Todd had more expertise in this field, aggressively advertising and ambulance chasing clients.
5. Isolated clients who individually disputed this settlement were told by their lawyer that if they didn't accept it their claim would be dropped and they would be billed for legal fees.
5. Many of the clients I have spoken with did not have a medicolegal expert report, many need further expensive medical treatment, yet all received the same amount (as those with same legal representation).
6. Every client should be provided with a 'statute bill of costs', a detailed breakdown of costs showing exactly what the law firms have charged for. Not provided to the claimants who’ve contacted me.
So whilst the bad news is that this is the WORST settlement I have seen to date, and both Peter Todd and Karen Cathcart should be ashamed of themselves, there is some good news!
A number of the 126 clients party to this SA with Oculentis have approached other law firms, who have agreed to look at their initial claim to consider if they’ve been undersettled, with the possibility of taking legal action if they have, whilst a specialist firm is looking at the costs issue, as it's possible clients may be entitled to claim a percentage of this money for themselves.
Complaints are also being made to the Legal Ombudsman.
Be aware, both Devonshires and HJA will read this post, and likely to contact clients concerned, attempt to discredit me, and dissuade you from pursuing this path. (Devs did this previously, after I advised clients to ask for an interim summary of costs before accepting the low settlement offers from Optical Express that they were being pushed to agree to.)
However, no matter what they may tell you, you are legally allowed to share all details with another lawyer should you wish to do so.
You should also send a Subject Access Request to whichever law firm represented you, who are obliged to provide you with ALL correspondence and documentation relating to your claim.
As I told one person who asked me about this a few weeks ago, worried that Devs or HJA would make him give the money back if he talked to another lawyer, they cannot do so, and Oculentis certainly don't want more bad publicity!
For more info contact: sasha@mybeautifuleyes.co.uk
*Posted 23 June:
’Yesterday I contacted Oculentis CEO Ben Wanders, asking for details of how #MBEF clients can access this if not currently in litigation. He has failed to respond.
Today I emailed Topcon MD, Andrew Yorke, asking how this will work for many of the 130 people who do, or may in the future, need explants - because once that €1.75m agreement is signed, unless included in its terms, they have no guarantee that this will be paid for.
And I also asked, given that Optegra Eye Hospital chain may be sold, or out of business by the end of 2020,* could he explain how this eventuality would affect their patients who have been assured that Optegra will provide explants that might be needed in the future.’