We received the news from our French lawyers earlier yesterday morning that the appeal from German regulators TUV Rheinland had been upheld. This has overturned the decisions made in the Commercial Court of Toulon as part of a PIP action that has been going on for a number of years and involves thousands of women worldwide.
We know that the press rather quickly reported on the story but we are advising all Claimants we represent to await our professional legal advice before coming to any conclusions.
We have advised and represented thousands of woman involved in the PIP scandal; a number of which have their claims registered in the French action. After TÜV Rheinland were found liable and were unsuccessful in appealing initial decisions against them, it is sad to learn that the French court of appeal has overturned the earlier decision.
This is a significant blow – especially because so many UK clinics have already escaped having to compensate victims by liquidating their companies and setting up again under different names; all the while failing to have adequate insurance to protect their former patients. Whilst their actions are a significant question of morality, they have not necessarily fallen foul of the law in evading payouts this way.
For a long time now the cosmetic surgery industry has been heavily under-regulated, and as a firm of lawyers with particular expertise in clinical negligence and cosmetic surgery claims, we know all too well how bad it really is.
In a statement from our PIP Team:
“This is a real blow for thousands of women worldwide – a number of whom we represent – who have done nothing more than seek the compensation they deserve for what they have had to go through. Of the tens of thousands of victims here in the UK, it remains likely that only a fraction of them will receive a payout.
Having seen firsthand just how many victims have suffered horrific ruptures and significant problems, it’s a real shame that many of those seeking redress won’t receive a penny. Whilst it would be premature at this stage to say that the French action against TÜV Rheinland is over, this decision made in the court of appeal is certainly a worrying one.
Much more needs to be done to prevent a repeat of the PIP scandal which has seen around 50,000 women in the UK alone being fitted with implants that did not confirm to regulation.”
