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‘No error’ over faulty breast implants: court

A French appeals court on Thursday found German safety standards body TUV had "fulfilled its obligations" in certifying breast implants that were found to be faulty and sparked a worldwide scare.

'No error' over faulty breast implants: court
Lawyer Laurent Gaudon (R) and his clients who received the faulty implants at the start of the trial in 2013. Photo: Gerard Julien/AFP

The ruling overturns a decision by a lower French court in 2013 which had found the body liable and ordered the company to pay millions of euros in compensation to distributors and victims.

TUV certified that implants made by French firm Poly Implant Prothese (PIP) conformed to safety rules — even though they were subsequently found to contain substandard, industrial-grade silicone gel.

The body has maintained it was never its job to check the actual implants, and their task was only to inspect the manufacturing process.

The appeals court in the southern city of Toulon found that TUV and its French subsidiary had “fulfilled the obligations incumbent upon them as a certifying body (and) committed no error engaging their criminal responsiblity.”

The scandal first emerged in 2010 after doctors noticed abnormally high rupture rates in PIP implants and gathered steam worldwide in 2011, with some 300,000 women in 65 countries believed to have received the faulty implants.

Six distributors of the implants from Bulgaria, Brazil, Italy, Syria, Mexico and Romania and nearly 1,700 women — most of them from South America but also from France and Britain — sued TUV.

The lower French court ordered the German body to compensate the women €3,000 ($3,300) each while waiting for individual medical or financial assessments to be conducted on each plaintiff and TUV paid out a total of €5.8 million.

“They will technically have to pay back this money but no decision has been taken on a request for reimbursement,” said a source close to the safety body.

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STRIKES

Pharmacists in France to strike at the end of May

Unions representing French pharmacists have called for walkouts at the end of May in protest over drug shortages, wages and the sale of medication on the internet.

Pharmacists in France to strike at the end of May

The primary union, the union for community pharmacists (Union des syndicats de pharmaciens d’officine, or USPO) has called for on-call pharmacists to walk out during the Pentecost long-weekend (May 18th to 20th), and for all pharmacies across France to close on Thursday, May 30th.

On-call pharmacists (pharmacie de garde) are those working on Sundays and bank holidays (like Pentecost), as most other pharmacies close on these dates.

While it is still not clear how many pharmacists will walk out, the call for strikes is nationwide and it may be best to plan to pick up any important medicine ahead of time.

Why the strike?

Drug shortages are a large part of the problem because they reportedly force pharmacists to spend more of their working hours doing drug research to be able to offer alternatives to patients. 

Pierre-Olivier Variot, the head of the union for community pharmacists, told Franceinfo that this has led to an extra 12 hours of research time for the average pharmacy.

“These are 12 hours during which we cannot take care of patients. We’re also dealing with tired patients who are frustrated we do not have their treatment,” he said.

Variot also explained that wages have not kept up with inflation, and as a result some pharmacies have had to close. 

Unions are also calling for the French government to better regulate the sale of medication on the internet, in order to ensure quality and safety standards.

Why the shortage of medicines?

The issue has been longstanding, and the situation was made worse during the Covid-19 pandemic.

The French Medicines Safety Agency (ANSM) reported that, in 2023, it had 4,925 medicines either out of stock or at risk of being out of stock, an increase of 30.9 percent in medicine shortages compared to 2022.

You can find the list of medications in short supply here.

A spokesperson from ANSM told Le Point in February that there are several things causing the problem, with many of them taking place on a global level.

“There are challenges with the manufacture of raw materials and finished products, as well as qualify defects in the drugs, insufficient production capacity, and division within the manufacturing stages,” the ANSM said.

On top of that, many factories dealing with raw materials are located outside of Europe.

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