May 12

Court of Appeal in Aix-en-Provence uphold the French Court’s Decision re PIP Implants award to victims

PIP Breast Implant RecallCourt of Appeal in Aix-en-Provence uphold the French Court’s Decision re PIP Implants award to victims – 12th May 2017

Coleman Legal Partners, in conjunction with Aumaitre Law in France have been representing over 11,000 women in relation to the PIP breast implants scandal.

Following a serious of Court hearing in Toulon, France against TÜV Rheinland (the Regulators of the faulty breast implants), this morning the Court of Appeal in Aix-en-Provence upheld the Commercial Court of Toulon’s decision of 20th January 2017 to make an award to each affected client.

The French Courts then ordered TÜV Rheinland to lodge funds into a CARPA/escrow account in Paris for payment to the affected women.

In a comment this morning, Dave Coleman of Coleman Legal Partners welcomed the decision of the Court of Appeal and stated that

“the case will continue to have further damages assessed on behalf of the clients, and full damages with be sought against TÜV Rheinland.”

The Court ordered TÜV Rheinland to make a provisional payment to each plaintiff for certifying that the implants made by the French firm Poly Implant Protese (PIP) met safety standards, where the implants were subsequently found to contain substandard industrial-grade silicone gel that was seven times cheaper than medical-grade silicone.

The case first made international headlines in 2011, after a pattern of abnormally high rupture rates appeared. Other cases still pending involve manslaughter charges over alleged deaths caused by the faulty implants.

The PIP implants came onto the market after being approved by TÜV Rheinland as Regulator. Having received a CE mark, it was then freely placed for use in the EU, including Ireland.

PIP’s founder, Jean-Claude Mas, was convicted of fraud and sentenced to four years in jail in 2013. An appeals court confirmed his conviction last year.  Apart from Mas, four other former PIP executives were convicted and given lesser sentences. PIP’s director-general was sentenced to three years in prison, two of which were suspended.  The company’s head of quality control received two years, one of them suspended, and the head of research and development was sentenced to 18 months, suspended.

There are hundreds of clients affected by the PIP breast implants throughout Ireland, and approximately 300,000 women in 65 countries, most in Latin America, are believed to have received the faulty implants.


 

RELEVANT NEWS:

Irish Times Article

Irish Examiner Article

The Journal Article

Campus.ie Article

http://www.foxnews.com/health/2017/01/20/french-court-says-german-firm-must-compensate-for-faulty-breast-implants.html

http://www.dw.com/en/french-court-finds-tuv-rhineland-liable-in-defective-breast-implant-case/a-37217425

https://medicaldeviceslegal.com/2017/02/20/eu-court-decides-tuv-rheinland-pip-breast-implants-case/

http://www.telegraph.co.uk/news/worldnews/europe/france/11712771/Faulty-breast-implant-victims-forced-to-repay-compensation.html

http://www.independent.co.uk/news/world/europe/court-finds-german-firm-liable-over-pip-implants-8940208.html