Cheap breast implants lawsuit dismissed

Worldwide scandal about proper PIP breast implants

08/10/2013

The worldwide scandal over the health-damaging cheap silicone filled breast implants of the French manufacturer „Poly Implant prosthesis“ (PIP) does not stop. After an affected person filed a claim for damages against the TÜV Rheinland, this was now rejected by the Nuremberg-Fürth district court.

An estimated more than half a million women affected
For years, the French company PIP had produced silicone implants with harmful low-priced silicone. When it became known that they would break faster than other models, the scandal flew open, distribution was banned, and the company finally filed for bankruptcy. By then, however, the dangerous implants had been estimated to have used up to half a million patients, both as part of cosmetic surgery and after cancer surgery. Around 10,000 women are affected by this scandal in Germany alone. Since April 2013, PIP founder Jean-Claude Mas has had to face trial.

TÜV Rheinland granted approval for low-cost breast implants
In addition to the French company, the TÜV Rheinland is also at the center of the action. He had prematurely approved the PIP implants, which led to complaints from traders and patients. So also in the case of a person affected (Az.11 O 3900/13), who had received a corresponding implant, which, however, had been removed immediately after the discovery of the scandal. The woman demanded 40,000 euros in compensation from the testing center, but had no success.

Court rejects complaint
Instead, the district court Nuremberg-Fürth rejected the claim, on the grounds: „The Notified Body was under no obligation to inspect specific implants or carry out unannounced on-site inspections. Such obligations do not result - according to the court - from the relevant legal provisions“, so the press release of TÜV Rheinland. According to the defense lawyer Ina Brock of the law firm Hogan Lovells LLP, „confirms that TÜV Rheinland has performed its duties as Notified Body responsibly and in accordance with all applicable laws and standards“, so the message of the TÜV on.

More than 50 million euros in damages demanded
The AOK Bavaria had sued the TÜV Rheinland in connection with the PIP implants, the trial date is still pending here. The checkout had demanded 50,000 euros in damages from the testing center, as this sum had to be paid by the insurance fund for the removal of implants from 27 insured persons. In addition, there is a total of more than 50 million euros in damages, the affected women and dealers have sued the TÜV court - here, according to the competent court in Toulon, southern France, but a decision is not expected until mid-November. (No)

Image: Henning Hraban Ramm