The trial of a Swedish citizen who, as a result of a breast augmentation procedure carried out in 2010 at the Mikołaj Kopernik Pomeranian Traumatology Centre in Gdansk, suffered extensive brain damage and found herself in a vegetative state, began on 7 May 2013 before the District Court in Gdansk. The plaintiff is represented by Krystyna Urbańska, advocate at law, and Paweł Sowa, advocate at law, requesting that the defendant pay compensation, damages, annuity, cover further medical expenses and establish liability for the effects of the surgery which may arise in the future.
The injured person requires constant care and specialised, expensive rehabilitation. She is not capable of independent existence. The first hearing was devoted to the examination of the claimant’s application for securing her claims in the scope of disability pension and covering the costs of medical treatment in the part concerning the purchase of a wheelchair and two devices necessary for rehabilitation. The security aims to provide the claimant – for the duration of the court proceedings – with funds to satisfy her needs which increased as a result of the surgery. The respondent requested that the application for security be dismissed, taking the view that rehabilitation is fully provided for the claimant by the Swedish State. However, the applicant’s mother, who was heard at the first hearing, explained that she bore the entire burden of these costs.