Judiciary
A German inspection organisation did not perform its job thoroughly when examining the material used in breast implants, leading to the use of non-approved silicone that leaked in some cases.
A French appeal court ruled on Wednesday.
The appeal stems from a 2017 case, in which the Toulon commercial court ordered TUeV Rheinland to pay around 60 million euros (72.8 million dollars) in damages to some 20,000 plaintiffs.
At the time, the court found that the technical inspection association had breached its obligations in certifying the PIP products breast implants made by French manufacturer Poly Implant Prothese (PIP).
However, the court in Aix-en-Provence on Wednesday ruled that 6,205 of the cases against TUeV Rheinland were inadmissible, as it could not be certified based on the available paperwork that the plaintiffs in those cases had received implants with materials certified by the German agency.
But that still leaves TUeV Rheinland on the hook for 3,000-euro payments to each of the remaining 13,456 women who filed charges.
However, TUeV Rheinland has already paid provisional damages to some women because, in France, it is possible to order damages payments immediately, even if an appeal is pending.
Several proceedings are currently underway against TUeV Rheinland, but the one settled by the Aix-en-Provence court was the largest.
In a different case involving some 400 plaintiffs, the Versailles court of appeal recently ruled that TUeV was not liable.
In another case involving around 2,000 plaintiffs, a decision is expected in May.
In 2010 it was revealed that PIP had used cheap and non-approved industrial silicone for breast implants for years instead of expensive medical silicone.
Worldwide, 400,000 women were said to have had the implants put in, to replace tissue after surgery to remove cancer or for breast enlargement.
TUeV had certified PIP’s quality assurance processes, leading the plaintiffs to accuse the association of negligence, while TUeV argues it is a victim of deception by PIP.
NAN
-Feb, 17, 2021 |18:39
Tags: French court faults German agency in breast silicon certification
