German can't claim compensation over faulty breast implants
June 11, 2020
French manufacturer PIP's insurers are only liable for claims within France, the EU's top court has ruled. The decision could have ramifications for thousands of women seeking damages.
Image: picture-alliance/dpa/P. Blanchard
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The European Court of Justice (ECJ) ruled on Thursday against a German woman seeking €40,000 ($42,555) in damages over defective breast implants.
The plaintiff had her implants — made by the now-defunct French prosthetics firms Poly Implant Prothese (PIP) — removed on medical advice.
PIP's insurance company declined her request for financial liability, claiming that its contract only applied to France. She later sued the French insurance company for damages before German courts.
The Frankfurt Higher Regional Court asked the ECJ to clarify whether the insurer's decision is compatible with European Union law. In February, the responsible expert in the ECJ had already affirmed its view that PIP's liability insurance coverage could in fact be restricted to affected people in France.
The ECJ confirmed that stance to be adherent to EU law in Thursday's ruling
Breast implant trial in France
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The scandal
In 2010, it was revealed that PIP had used cheap industrial grade silicone for breast implants for years instead of medical grade silicone — resulting in a major increase in risk of ruptures or leaking and possibly causing cases of breast cancer and even death due to system toxicity. The French government immediately ordered a recall of the implants.
TÜV claimed it had never found any evidence that industrial silicone was being used.
Germany's top court, the Federal Court of Justice, subsequently ruled that testing, inspection and certification organizations like TÜV are not required to go to factories to inspect the quality of medical products themselves and are allowed to rely on data provided by the manufacturer.
Some 400,000 women worldwide are said to have been given the defective implants after cancer or for breast enlargement.
Each year, around ten million cosmetic surgery procedures are performed worldwide, and approximately 300,000 people go under the knife in Germany. Here are their ten most popular choices.
Image: Colourbox/Mittermueller Bildbetrieb
Number 10: Breast reduction
Women with large breasts often suffer as a consequence, and not just because of the extra strain on the neck and spine. Many find large breasts an aesthetic problem too, and have trouble finding clothes to fit. During a reduction, sections of the breast tissue, fat and skin are removed. The nipple is also repositioned higher up.
Image: Colourbox/K.Dmitrii
Number 9: Vaginoplasty
Shaving pubic hair draws extra attention to the genitals, and access to pornography has never been higher. This is causing some women to feel unhappy with their bodies. However, patients of vaginoplasty have reported pain while running and cycling. The most common procedures involve reducing the inner or outer labia, which can become visibly larger through childbirth and age.
Image: Colourbox
Number 8: Nose correction
A nose job can be one of the most effective forms of facial plastic surgery. The nose is a highly characteristic feature and can really impact the impression of a face, especially if it's prominent. The procedure is highly complex and does not always produce the desired results, so think carefully before opting for one.
Image: Colourbox/A.Minde
Number 7: Lip correction
The desire for full, sensual lips is becoming increasingly common. This usually involves injecting hyaluronic acid, although this is a temporary solution. Silicon oil is used for more permanent plumping. Or the lips are injected with micro-implants, which are coated in the body's own tissue. It's always important to have thorough consultations - and steer clear of the trout pout.
Image: Colourbox
Number 6: Breast lift
Firm, well-shaped breasts are considered an expression of beauty and femininity. But over the course of time, it's normal for skin to lose its elasticity and tone, especially after pregnancy. A lift can perk droopy breasts back into shape.
Image: Colourbox
Number 5: Abdominoplasty
Significant weight loss, pregnancy and age-related decline in the skin's elasticity can cause the abdominal skin to droop and the muscles to overstretch. During an abdominoplasty, or "tummy tuck", excess skin and fat is removed. An incision is made to the lower abdomen above the public hair line. The patient should already be at their optimal weight before the operation.
Image: Colourbox
Number 4: Throat, brow and face lift
The classic, full facelift is often performed now using methods which only tighten certain sections of the face. A full facelift can leave the patient looking like they're wearing a mask. Skin on the throat and chin lends itself particularly well to lifts. Threads are usually placed under the skin to pull it taught, and the patient's own fat tissue is used as padding.
Image: Colourbox
Number 3: Liposuction
This is one of the most common plastic surgery treatments worldwide. The procedure is not designed for weight loss, but to remove small, stubborn areas of fat which refuse to disappear through diet and exercise. The excess fat is prepared by injecting a special solution, and then removed via thin suction tubes.
Image: Colourbox/M.Shmeljov
Number 2: Eyelid lift
One of the most commonly practiced operations, the eyelid lift is a highly effective treatment for both men and women. Folds can make a person look tired and haggard. This relatively small procedure removes excess skin with two small incisions in the crease of the eyelid. The result: radiant, wide-awake eyes.
Image: picture-alliance/dpa/U.Anspach
Number 1: Breast augmentation
In Germany too, the most popular cosmetic sugary procedure is the breast augmentation with implants. Having large breasts has long been considered a thing of beauty, and it's driving an increasing number of young women under the knife. But it's always worth weighing up the risks, even though the operation is now largely standardized. Statistics source: DGÄPC
