Sunday 25 February 2018

Faulty breast implant victims must pay back compensation

Josie Ensor

British women with leak-prone breast implants could be forced to repay compensation after a French appeals court has ruled the German safety standards body is not liable for the faulty products.

Thousands of women worldwide received implants made by French company Poly Implant Prothese (PIP). The implants were found to contain industrial-grade silicone instead of medical silicone and to be prone to leakage.

PIP's owner was sentenced to prison, but his bankrupt company could not pay damages, so the women's lawyers sought at least €50m from German product-testing company TUV Rheinland and its French subsidiary.

A French appeals court yesterday found German safety standards body TUV had "fulfilled its obligations" in certifying breast implants that were found to be faulty and sparked a worldwide scare. The ruling overturns a decision by a lower French court in 2013, which had found the body liable and ordered the company to pay millions in compensation to distributors and victims.

TUV certified that implants made by PIP conformed to safety rules - even though they were subsequently found to contain substandard, industrial-grade silicone gel.

The body has maintained it was never its job to check the actual implants, and its task was only to inspect the manufacturing process. The appeals court in the southern city of Toulon found that TUV and its French subsidiary had "fulfilled the obligations incumbent upon them as a certifying body (and) committed no error engaging their criminal responsibility."

The scandal first emerged in 2010 after doctors noticed abnormally high rupture rates in PIP implants and gathered steam worldwide in 2011, with some 300,000 women in 65 countries believed to have received the faulty implants. Six distributors of the implants from Bulgaria, Brazil, Italy, Syria, Mexico and Romania and nearly 1,700 women - most of them from South America but also from France and Britain - sued TUV.

The lower French court ordered the German body to compensate the women €3,000 each while waiting for individual medical or financial assessments to be conducted on each plaintiff; TUV paid out a total of €5.8m.

Irish Independent

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