Poly Implant Prothese (PIP) Breast Implants, Germany’s TÜV found negligent

PIP Compensation

PIP Breast Implant Safety Concerns

PIP breast implants were significantly cheaper than other manufacturers of breast implants, making them the first choice for many cosmetic surgery companies. To be fair on companies, including the largest UK private plastic surgery company, Transform, there was no reason to question the standards and safety of PIP breast implants. Not only were they manufactured in France, where very strict regulations apply, they had also been awarded the CE mark (European safety certificate) from the German company, TUV Rheinland. PIP breast implants were also used by surgeons within the NHS for breast reconstruction, following breast cancer surgery and treatment. Concerns over the safety of PIP breast implants were raised by numerous plastic surgeons, who had removed ruptured PIP breast implants and questioned the standard of the silicone they were filled with. Many more plastic surgeons refused to use PIP breast implants, as they felt that they were not the same standard as other breast implants, manufactured by established companies, such as Mentor and Allergan.

 

Withdrawal of PIP Breast Implants

On the 29th of March, 2010 a worldwide withdrawal of PIP breast implants manufactured between 2001 and 2010, was ordered by the French health agency. It is estimated that more than 300,000 women, in 65 different countries around the world, received faulty PIP breast implants, filled with industrial silicone. In the UK many women who had breast implants through the NHS, also received PIP breast implants.

 

German Federal Supreme Court rules TUV Rheinland responsible for negligence

On the 27th of February, 2020 a judgment from the German Federal Supreme Court annulled a ruling, that the manufacturer of PIP breast implants was not solely responsible for the safety of the product.   The company was founded by Jean-Claude MasJean-Claude Mas who was jailed and later died in prison. On the 12th of February 2021, two judgments of the Toulon Commercial Court made in 2017 were upheld by the  Aix-En-Provence Court of Appeals, finding TUV Rheinland, responsible for negligence when they issued  European safety certificates for PIP breast implants. This ruling allowed the claims of 13,456 women who received PIP breast implants and means they can pursue compensation.

 

Compensation claims

TUV Rheinland declined to comment on the judgment, and the amount of compensation to be awarded is yet to be agreed. The first ruling is expected in September and PIPA (PIP Implant World Victims Association) is expecting tens of thousands of euros to be awarded to each individual, who received the faulty PIP breast implants. The final decision by the court will be delivered on the 11th of June, 2021.

Annabelle Baugh
Author: Annabelle Baugh

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