Verdict: Women are subject to another dispute over PIP breast implants

Verdict: Women are subject to another dispute over PIP breast implants

OLG Karlsruhe dismisses lawsuit against surgeon and insurance
Karlsruhe (jur). In the dispute over the breast implants of the French manufacturer Poly Implant Prothèse (PIP) filled with cheap industrial silicone, women have now also been defeated before the Higher Regional Court in Karlsruhe. According to the judgment of the previous day published on Thursday, April 21, 2016, neither the doctors nor the insurers of PIP have to be liable (Az .: 7 U 241/14).

PIP had sold its implants ten thousand times worldwide. The manufacturing process had been certified by TÜV Rheinland, so that the products could bear the European "CE" seal.

According to an estimate by the Federal Institute for Drugs and Medical Devices (BfArM), around 6,000 women in Germany had PIP implants inserted. The French authorities stopped sales in April 2010 after reports of burst and leaking silicone pads.

According to the BfArM, a total of 46 percent of all implants used in Germany had proven to be defective by the end of 2013. Since it cannot be predicted whether and when there will be problems with the implants, the authority has recommended that affected women have PIP implants removed since the beginning of 2012.

In order to pay the costs, numerous women have filed various claims for damages. On November 25, 2014, the regional court in Karlsruhe denied liability of all eligible counterparties with a nationwide judgment (Az .: 2 O 25/12, JurAgentur report from the following day).

The OLG has now confirmed this with regard to the cosmetic surgeon and the PIP liability insurer. The OLG had previously severed the lawsuit against TÜV Rheinland; the result is still pending.

The treating cosmetic surgeon informed the applicant that silicone implants have a limited shelf life, usually ten to 15 years. At that time, the special problems with the PIP implants were not yet known, which is why the doctor could not be blamed in this regard, the Karlsruhe judges found.

The district court had to deal with the lawsuit against the liability insurer under French law. The liability restrictions provided for there are also not objectionable under EU law. The regional court was therefore right to dismiss the lawsuit, the OLG said. (mwo / fle)

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