A French Appeal Court has ruled that around 2,700 victims of the PIP breast implant scandal should be entitled to receive compensation. The ruling follows ten years of legal proceedings which were brought by victims who received the illegal implants and could have far-reaching implications for thousands of other victims across the world
The French Court also upheld a previous judgement, ruling that German safety body, TUV Rheinland, had acted negligently by awarding safety certificates for the breast implants made by Poly Implant Prothèse (PIP). TUV Rheinland said it had acted “diligently” and that victims must provide proof that they have received a PIP implant in order to claim compensation.
The Pip Implant World Victims Association (Pipa) has said it will be pursuing damages amounting to tens of thousands of euros for each woman who received the illegal implant. However, it is not yet known when and/or how much compensation would be awarded as this is still be determined. The first ruling in relation to this is expected in September 2021.
PIP breast implant scandal
The substandard implants made by PIP were first manufactured in 2001 and production was then halted in 2010, when the business was liquidated.
After the business was liquidated, the founder of PIP was later given a prison sentence after it emerged that the implants were filled with industrial-grade and agricultural silicone, instead of medical silicone approved for human use.
In 2012, a report into the long-term effects of the illegal implants found they were much more likely to leak or rupture than other breast implants. A further and final report, undertaken by the same group, also stated that the implants had a 15%-30% chance of rupturing after ten years. In comparison, other implants had a 10%-14% rupture rate during this timeframe.
It is believed that almost 400,000 women across the world have received PIP implants, which includes 47,000 women in the UK. After having received the implants, the recipients reported various health issues, some of which have been long-term issues, which included aching joints, severe pain and fatigue. These health problems were a result of the implants leaking, exposing victim’s bodies to industrial-grade silicone gel.
As mentioned above, legal proceedings were first commenced a decade ago against TUV Rheinland. Despite issuing the European safety certificates for the implants, TUV Rheinland disagreed with the French Court’s ruling for holding them “even partly” accountable for the implants. Following the ruling, TUV Rheinland commented:
“The evidence in this case clearly shows that TÜV Rheinland acted diligently, in compliance with applicable regulations,”
The company continue to argue that at no point in time were they aware that the implants were not compliant and suitable for human use.
It is anticipated that the French Court’s decision will have wider implications for almost 20,000 other women who are fighting a similar legal case in France.
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Carolle White is a Senior Associate and Legal Executive in our specialist Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500.
If you have any questions in relation to the subjects discussed in this article, please get in touch with Carolle or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.