The Toulon commercial court on Thursday ordered the German certification body TÜV to pay "final compensation" of 6,000 to 47,000 euros to 371 victims, mostly British women, in the PIP defective breast implant case, according to their lawyer.
"The Commercial Court of Toulon has set, in a decision issued today, and for the first time, the final compensations for 371 victims," said Me Olivier Aumaître in a press release.
According to the Parisian lawyer, these compensations "cover both damages and past and future costs" and were granted "after medical assessment based on reports submitted by court-appointed experts."
This first wave of decisions includes the files of patients among whom "there are 341 British, 17 Bulgarian, 12 Irish and 1 Colombian" who have been "operated on as part of cosmetic or reconstructive surgery".
Some 350,000 women worldwide received implants filled with substandard, homemade and cheap gel, instead of the required medical-grade silicone gel, following a fraud by the PIP company based in Var.
Me Aumaître points out that the court had so far "ordered the German group to pay provisional sums to the victims, that is to say an advance on their compensation, pending the assessment of their medical situation."
Following this first final ruling, a series of similar decisions are expected over the next two years. Approximately 35,000 women worldwide have filed claims with French civil courts seeking compensation from TÜV.
In May 2023, the Court of Cassation upheld the certifier's liability, noting that "TÜV Rheinland (...) failed in its obligations of control, prudence and vigilance in the exercise of its professional mission."
The Var-based manufacturer of breast implants PIP was founded by Jean-Claude Mas, whose death in 2019 brought an end to the legal proceedings concerning the company.
Me Aumaître on Thursday referred to "an unprecedented and exemplary decision" and stated that "the PIP case law will be a landmark and should serve as a reference for future class actions."
"TÜV Rheinland acknowledges the judgment rendered today," the group reacted in a statement sent to AFP Thursday evening, in which it "contests any responsibility in this matter since PIP's notified body, TÜV Rheinland LGA Products GmbH (“TRLP”), complied with its obligations by acting diligently, in accordance with applicable regulations."
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