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 The court in southeastern Toulon ordered TUeV Rheinland to pay
yet-to-be-determined damages to plaintiffs seeking at least 50
million euros ($67.2 million). Experts will now decide the
appropriate damage award — a process expected to take months.
TUeV has denied responsibility and plans to appeal.
The trial was part of a string of cases centered on the now-bankrupt
French implant vendor Poly Implant Prothese (PIP), whose founder and
several former employees are facing a criminal trial in nearby
Marseille over claims the company used cheap silicone to fill tens
of thousands of implants that were prone to ruptures and leaking. A
verdict is expected in that case on Dec. 10.
Because PIP is bankrupt, the 5,000 women who have joined a complaint
against the French company aren't likely to retrieve much
compensation. But TUeV Rheinland, a leader in the industry which was
charged with checking the quality of the implants, has deep pockets.
Plaintiff lawyers argued that the French unit of TUeV Rheinland that
conducted the inspections was competent for inspecting home
appliances like vacuum cleaners and washing machines — not silicone
breast implants.
Laurent Gaudon, a patients' lawyer, called the ruling "a great
victory. The court has been audacious by deciding important
compensation for PIP victims."
Olivier Aumaitre, a lawyer for the distributors, said the ruling
could open the way for tens of thousands of women worldwide to
potentially claim financial damages in France against TUeV Rheinland.
Defense lawyer Cecile Derycke suggested TUeV Rheinland was being
targeted as a scapegoat because it's solvent.
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"This ruling is totally shocking. It goes against the case file, the
argument of the state prosecutor in the hearing — who asked for TUeV
Rheinland to be cleared of any responsibility — and when I read the
ruling, I see no reference to documents or specific information,"
she said by phone. "People are on the hunt for someone who can pay
these patients."
PIP once claimed its factory in France exported to more than 60
countries and was one of the world's leading implant makers. The
implants were not available in the United States, but at least
125,000 women worldwide received them until sales ended in early
2010 — possibly many more. According to government estimates, more
than 42,000 women in Britain received the implants, as well as over
30,000 in France, 25,000 in Brazil, 16,000 in Venezuela and 15,000
in Colombia.
After PIP went out of business, regulators across Europe began
demanding tighter oversight of medical devices.
[Associated
Press; JAMEY KEATEN]
Copyright 2013 The Associated
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