First judgment in the breast implant scandal

French court condemns insurance of the PIP manufacturer for damages

23/01/2012

In the scandal surrounding the inferior breast implants of the French manufacturer Poly Implant Prothèse (PIP), a French court has now made a first judgment against the manufacturer's insurance. The insurance is therefore obligated to pay for the claims for damages against PIP.

Whether the insurance of the manufacturer of silicone breast implants was intended for such cases may be an open question. In any case, Allianz or its French subsidiary must pay as insurance of PIP for the claims of the affected women. The court in Avignon, France has ordered the insurance of the insolvent manufacturer PIP to pay € 4,000 in damages to a patient. Although the Allianz had refused a reimbursement because PIP had deliberately made false statements when the insurance was taken out, but in court, the alliance could not prevail with this position. Although it is undisputed that PIP has left the insurance company, the medical profession and the public in the dark about the processing of inferior silicone in the breast implants, the Alliance must pay for the damage incurred.

Insurance must pay damages for substandard breast implants
For the deception of the patients by the French manufacturer PIP must in opinion of the judge of the „référés du tribunal d'Avignon“ Allianz insurance or its French subsidiary. A 31-year-old female patient who had been implanted a PIP silicone pad had sued for damages in court. Since PIP is now insolvent, its claim was directed against the insurance of the manufacturer of inferior silicone breast implants. The judges agreed with the plaintiff. The alliance has to pay, although in a separate proceeding it sued PIP for intentional deception for nullity of the insurance contract. The current verdict is judged by lawyers to be indicative of future proceedings in which affected patients want to assert possible claims for damages against PIP.

Compensation as compensation for health risks
At least, women receive a small compensation for the significant health risks they have been or are exposed to as a result of the inferior breast implants. More than 300,000 women worldwide have been implanted with PIP silicone pads, which can have serious health consequences for the affected patients. Breast implants are increasingly prone to tearing and women are at significantly increased risk of inflammation. A possibly increased cancer risk is currently still being discussed. In many states, the health authorities have therefore advised the patients to have their pillows removed. In some countries - such as in France - the costs for the removal are even covered by the health insurance. In addition, the women can also claim damages, which can not be served by PIP, since the company is now insolvent, but for the insurance of PIP must pay.

Insurance has sued PIP for invalidity of the insurance contract
In the end, Allianz is liable for the inferior PIP silicone cushions. And this, despite the lawsuit filed by the insurance against PIP. Allianz Insurance had sued PIP for nullifying the insurance contract concluded in July 2010 for intentional misrepresentation by those in charge of the insurance. The decision in the corresponding procedure is still pending. For the judges in Avignon, however, the outcome has no effect on their current verdict. Here the insurance must pay for the claim for damages of the applicant. The judgment was neither confirmed nor denied by Allianz Insurance in Paris.

First criminal complaint against company founder of PIP
In addition to the verdict against the Allianz insurance is currently also a first criminal complaint against the company founder of PIP known. A deliberate risk to life is the case filed in Toulon against the company founder and parts of his family. Like the news agency „AFP“ reports, is not only the reproach deliberate life in the room, but also the suspicion of illegal enrichment. As the attorney Christine Ravaz told the agency should also be revealed in the proceedings, „where the assets of the enterprise PIP remained.“ In fact, it seems extremely curious that PIP had to file for bankruptcy relatively soon, even though the cashiers would need to be well-filled for the implants, given the use of cheap silicone. Because the processed silicone costs only a fraction of the silicone that is suitable for medical purposes and PIP could hardly complain about sales difficulties in the years before the scandal became known. Thus, not only for the lawyer of the plaintiff, the question of the whereabouts of the collected money. (Fp)

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Image: Henning Hraban Ramm