The ABC has heard from a number of clients of Mr McDonald<\/a> who have been unhappy with the prosthetic eyes, ears and fingers made for them.<\/p>\n Many are wondering what their rights are when it comes to claiming their money back on items they haven\u2019t received or are unsuitable.\u00a0<\/p>\n Jack McDonald has not responded to the ABC’s requests for comment. (Supplied)<\/p>\n Clients recount ordeals<\/p>\n After Stan Maine lost the end of three fingers in a farming accident, he engaged Jack McDonald to make some prosthetic fingertips.<\/p>\n Stan Maine received wrong-coloured fingertips from Jack McDonald. (Supplied)<\/p>\n Over the course of 21 appointments, Mr Maine eventually received fingers that were the wrong colour and shape.<\/p>\n Mr Maine said the prosthetics “look like they came out of a show bag from the Melbourne show”.<\/p>\n “They’re downright ugly. They’re just nothing like my fingers should look,” he said. Mr Main was refused a refund by Jack McDonald’s office. (Supplied)<\/p>\n Jack McDonald promised to make another set, Mr Maine said, but these were also unsatisfactory.\u00a0<\/p>\n Mr Maine spent $3,700 on the fingers.<\/p>\n He asked Mr McDonald’s office for a refund but was refused.<\/p>\n “We are vulnerable people, we’ve lost part of our body and it’s hard to get over, it’s awful really,” Mr Maine said.<\/p>\n Mr McDonald is not a member of the Ocularists Association, nor is he required to be.<\/p>\n He has not responded to the ABC’s requests for a response.<\/p>\n Bevin Swan isn’t optimistic he’ll be able to get a refund for his artificial eye. (Image: Supplied)<\/p>\n Bevan Swan, 81, wants his money back from Mr McDonald, but isn’t confident that will happen.<\/p>\n Mr Swan said he isn’t physically able to travel interstate in pursuit of a suitable eye from a different ocularist, so he is making do with a “terrible” one made by Mr McDonald.<\/p>\n Like Mr Maine, Mr McDonald delivered a second eye once the first one fell out while Mr Swan was in a paddock.<\/p>\n “The blue pupil part is up underneath the top lid, and it’s got 90 per cent showing just white” Mr Maine said.What rights do clients have?<\/p>\n Australian Consumer Law (ACL) protects consumers by automatically guaranteeing products must be acceptable quality, fit for purpose and match the description.<\/p>\n Lawyer Tom Ballantyne says Australian Consumer Law offers some protections.\u00a0 (Supplied: Maurice Blackburn\u00a0)<\/p>\n Maurice Blackburn principal lawyer Tom Ballantyne said under ACL, consumers were entitled to a refund, replacement or repair.<\/p>\n For lower value claims of $10 000 to $20 000, refunds can be pursued through a state’s magistrate’s court or Civil and Administration Tribunal, Mr Ballantyne said.<\/p>\n “The latter would be preferred for lower value claims as it’s generally more accessible, less expensive,” he said.<\/p>\n Calls for industry regulation for prosthetic eye makers <\/a><\/p>\n Losing an eye is a traumatic experience, having an artificial eye made should help with the healing process. For these people, it wasn’t.<\/p>\n Michelle McEvoy managed to get a refund of $4,400 for an ear she never received from Mr McDonald by going through the New South Wales Civil and Administrative Tribunal (NCAT).<\/p>\n She said it was a straightforward process.<\/p>\n “I know it wasn’t a great deal of money but it’s still a lot of money to me and I suppose my self-worth too,” she said.<\/p>\n “I do feel that I’ve had a win.”<\/p>\n Other options include engaging a lawyer or community legal centre \u2014 but Mr Ballantyne said individuals should weigh up the cost of legal representation with the amount of money they want to recover.\u00a0<\/p>\n People in need of prosthetics say the products they received impacted their self confidence. (ABC News: Owain Stia-James)<\/p>\n “Some states also have consumer protection organisations that can provide advice, like Consumer Affairs Victoria or Consumer Building and Occupational Services in Tasmania,” Mr Ballantyne said.<\/p>\n The Consumer Health Forum of Australia (CHF) said clients could also talk to their state’s health complaints commission.<\/p>\n “In some states, there’s a pathway to financial compensation if both sides agree,” CHF chief executive Dr Elizabeth Deveny said.<\/p>\n But she said a “clear weakness” of that system was that it was not always possible for parties to reach an agreement.<\/p>\n “Every Australian deserves safe, trustworthy healthcare and when things go wrong, the pathway to fix it should be simple,” she said.<\/p>\n “It should not be a battle and right now that’s not the case.”<\/p>\n Is a class action possible?<\/p>\n Seven people or more are needed for a class action that arises from the same, similar or related circumstances.<\/p>\n But Mr Ballantyne said in the case of clients of Mr McDonald, a class action could be difficult.<\/p>\n “Because every person’s individual circumstances, what went wrong and why, are different,” he said.<\/p>\n “The fact that it was the same individual providing the service may not be sufficient.”<\/p>\n Calls for federal government to fund facial prosthetics<\/p>\n It might come as a surprise to many Australians that Medicare does not cover the costs of prostheses<\/a>, like eyes and other facial features.<\/p>\n Head and Neck Cancer Australia said there was no state or federal funding for facial prosthetics in NSW, NT, Tasmania and South Australia.<\/p>\n The ACT government covers the cost of artificial eyes but not other facial prosthetics.<\/p>\n<\/p>\n
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