Breast implant scandal ruling against TÜV Rheinland

French court condemned TÜV Rheinland in the breast implant scandal for neglecting the control and supervision obligation

15/11/2013

A French court condemned the TÜV Rheinland in the scandal about health-threatening breast implants of the manufacturer PIP to compensation payments. According to the judges, the TÜV did not fulfill its supervisory and control obligations. Thousands of women were given cheap implants filled with inferior, homemade gel rather than medical grade silicone. The implants are therefore more likely to develop cracks and are associated with inflammation.

TÜV is said to have known early on inferior breast implants from the manufacturer PIP
Already in July of this year it became known that TÜV Rheinland should have known long before the scandal became known of the defects of the breast implants of the manufacturer PIP. At that time reported that „Handelsblatt“ by a warning from the British health authority MDA, which should have been the TÜV. Although this did not affect the silicone pads themselves, the experts doubted the biological safety of hydrogel implants from PIP. Internal reports should document that the TÜV carried out a special test in February 2001 and, from 2002, no longer issued any certifications for the quality management of hydrogel products. The TÜV, however, refrained from carrying out registered checks. The quality management of the silicone implants was certified until 2010.

Now the Commercial Court in Toulon, France, condemned the TÜV for violations of its supervisory and control obligations. For the first time the German company was thus assigned a complicity in the breast implants scandal. The TÜV announced to appeal. „The TÜV has strictly adhered to the applicable regulations“, lawyer Cécile Derycke told the news agency „dpa“. The company defended itself by declaring itself a victim of fraud. The other side interpreted the decision of the court as „courageous judgment“, the „an advance for all victims worldwide ", reports the news agency.

TÜV should for „Damage to importers and victims“ numbers
Six traders and about 1,600 women had been prosecuted. As the Commercial Court ruled, the TÜV was above all liable for breaches of duty. Therefore, the company must now for „the damage suffered by importers and victims, "the judges declared „dpa“ reported.

The plaintiffs demanded a total of about 53 million euros in damages. The court awarded 3,000 women, mostly from South America, but also from France and the United Kingdom. Their claim was 16,000 euros in damages.

In addition, there is currently a criminal case in France against the former responsible managers of PIP. A verdict is expected in December. According to the indictment, PIP founder Jean-Claude Mas is facing four years imprisonment and co-defendants between six months and two years imprisonment. The prosecutor also wants to impose a fine of 100,000 euros for Mas, a ban on employment in the medical and health sector and a ban on leading a company. (Ag)