JIM - PIP: the certifier pay there?

Toulon, Friday, November 15, 2013 - The German company Technischer Überwachungs-Verein (TUV) was responsible for the certification of PIP implants, without which they could not have been marketed.
Six distributors of defective implants demanded a total of € 28 million in compensation while women established in 1672 (mainly in South America but also French and English) demanded 16,000 euros per person to the firm, claiming breaches in controls that have harmed them.
The company was eventually found liable by the Commercial Court of Toulon in a decision of 14 November. In the grounds of the judgment it is emphasized that TÜV " in its capacity as "notified body" has failed to fulfill its obligations control, caution and vigilance in carrying out its mission . "
The court has ordered the German giant (industry leader) and its French subsidiary to " repair material and immaterial damages caused to distributors and personal injury and / or psychological damage to breast implants PIP brand . "
The decision imposes yet to provision of EUR 3 000 per victim, pending individual expertise to each (retailers and established women).
TÜV has announced its intention to appeal.
No serious in controls

In this procedure, it should not be confused with the criminal trial held in the spring (where TÜV is not continued and was even a civil party!) And whose judgment we will know on December 10, the complainants believe that fraud could not happen without repeated inspections by the agency failures "in order to sell its products, PIP should obtain the CE label and why the company should be audited every years as a notified body TÜV, to certify that the prostheses were in line with European standards and ensure that they jeopardize the health or safety of patients (...) TÜV has not realized its controls with serious we were entitled to expect from a leading company in this market, "argued Me
Laurent Gaudon, counsel for the plaintiffs.

For me Cécile Derycke, which represents the interests of the company's mission was to control the TÜV design brief at first then the quality system, that is to say, the manufacturing process and not the implants themselves . " We were a victim of fraud PIP. We are facing a large scale scam "she concludes.
It is finally Me Laurent Gaudon, the court ruled in favor of noting that " if any unannounced inspection was carried out by TÜV (in the factory) (...) fraud could be easily detected, thus avoiding the magnitude of the disaster . "
Take the money in more pockets full

It is finally good news for victims as Jean-Claude Mas and his deputies are awaiting the judgment of the Tribunal de Grande Instance de Marseille are insolvent. Furthermore, no guarantee fund will replace them. TÜV which achieves a turnover of € 2 billion of which was their only chance to get a ringing compensation and stumbling!