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The French Justice has recognized the involvement of the company Poly Implant Prothèse (PIP) in a well-known case of adulterated breast prostheses. These have been implanted in hundreds of women over the years, including 400 Spanish. The rest of those affected were mainly French, British, German, Czech, Italian and South African.
The Court of Cassation —the highest instance of the judiciary in the country— has approved compensation of €5,000 for patients who did not experience side effects. In case the use of industrial silicone for the implants would have caused greater damage, the patient will receive a higher amount to correct these damages.
Lawyers Lorena López Yuste and Dolores Lassa Alcaire, from the Spanish-French law firm BCV Lex, have represented women and clinics that have been financially affected by the scandal. The director of the firm, Carlos Villacorta, has reacted to the good news with relief for the women: “I cannot imagine the anguish they must have gone through when they found out that they had a clockmaking bomb“.
[La sentencia de Cristina abre la veda a miles de demandas por implantes de pecho cancerígenos]
[Construir implantes dentro del cuerpo ya es posible gracias a los ultrasonidos y la impresión 3D]
Fighting since 2010
The scandal was uncovered in 2010, when it became known that the French company PIP manufactured and marketed since 2002 breast implants made of “homemade” silicone gelmade from industrial silicone instead of the silicone authorized for medical products, called Nusil.
After PIP’s fraud was discovered, thousands of users filed lawsuits in various courts seeking compensation against the PIP manufacturer, its insurers, and TÜV Rheinland France and TÜV Rheinland LGA, which had been involved since 1997 as certification bodies of these prostheses for not complying with sanitary standards.
Woman prepared to undergo breast surgery.
The first lawsuits were filed in 2014, and since then several appellate courts have ruled on the responsibility of certifying bodies. Are judgments have been appealed before the Supreme Court both by the two companies and by the plaintiffs.
In this sense, the Court of Cassation has just confirmed the liability of TÜV companiesindicating among other things that “TÜV Rheinland (…) breached its obligations of control, prudence and vigilance in the exercise of its professional mission, [y] the professional responsibility of TÜV Rheinland France is proven”.
[Los implantes de pecho con luces no existen: la inocentada que se ha viralizado como noticia]
The highest court in the land has partly revoked the sentence issued by the Court of Appeal of Paris on May 20, 2021, which had set a limitation of liability covering the period from September 1, 2006 to April 6, 2010. In addition, it has revoked in its entirety the judgment handed down by the Court of Appeal of Versailles on January 14, 2021, which had denied any responsibility on the part of the certification bodies.
40,000 affected worldwide
These decisions are important for all ongoing actions and for future 40,000 users of PIP prosthetics from around the world who are hoping to receive compensation for their losses.
Cristina, the first woman in the world to kill a laboratory for contracting cancer from breast implants.
Although the judicial battle has not ended, these resolutions of the highest French jurisdiction significantly pave the way so that victims with defective prostheses are adequately compensated for the damages suffered as a result of fraud and the lack of supervision of the entities in charge of quality control of said products.
The TÜV companies carried out their certification of IMGHC silicone-filled prostheses as of April 2001. Consequently, people with implants manufactured in that year and previous years are not carriers of defective implants.
