TÜV is not liable for defective breast implants

TÜV Rheinland does not have to pay for the removal of the defective PIP breast implants

03/21/2014

In the scandal around the faulty silicone cushion of the French manufacturer PIP (Poly Implant Prothèse), the Nuremberg-Fürth district court dismissed the complaint of the AOK Bayern, with which the health insurance company wanted to obtain a reimbursement of TÜV Rheinland for the removal of the inferior breast implants. The TÜV was accused of unlawful conduct in relation to its monitoring and control function, the court explained with reference to a judgment of the Oberlandesgericht Zweibrücken of January 30.

The AOK stated in a press release to the dismissal that this „for the AOK Bayern difficult to understand“ be, in her opinion „TÜV Rheinland acted contrary to duty and filled its monitoring and control function in connection with the PIP breast implants only insufficiently“ have. Therefore, the health insurance will now check, „which appeals against the dismissal of their action may be brought.“ The AOK had paid in view of the threat of damage to health by the breast implants made of low-grade industrial silicone in 26 affected the distances of the implants and then wanted to have the costs reimbursed by the TÜV Rheinland. In the room was a claim in the amount of about 50,000 euros.

Court sees no misconduct of TÜV Rheinland
At the end of January, the Oberlandesgericht Zweibrücken had already stated that TÜV Rheinland was only responsible for auditing the quality assurance systems of PIP. However, the control and supervision of the production plant at PIP was the responsibility of the national supervisory authority. In principle, with the same reason, the Nuremberg-Fürth district court dismissed the action of the AOK Bavaria. In the face of the dismissal, Dr. Helmut Platzer, CEO of AOK Bayern, that „Patient safety in France obviously rated much higher“ becomes. Because in Toulon have the commercial court „In November 2013, the TÜV was ordered to pay several million euros to a total of around 1,700 women.“ Platzer concludes that a decision by the European Court of Justice may be required to reach a final settlement.

Apparent security for patients?
According to the decision of the Nuremberg-Fürth Regional Court, TÜV Rheinland had done everything that the legislature intended to protect patients, reports the AOK. „Then, however, the existing control rules would be revealed as pointless“, emphasized the chairman of the board of AOK Bayern. For in this case only a false certainty is suggested, which could pose a danger to the patients. Patient safety and consumer protection are not guaranteed if TÜV-tested medical devices are faulty. Should this judgment be valid, „it would have to be a warning siren for both national and European legislators“, concludes the AOK. Be here „More stringent Europe-wide regulations for the medical device market“ required, stressed Helmut Platzer. (Fp)