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Sunday, 27 July 2014

Fatima Schroeder

BREAST IMPLANT FIRM FIGHTS PAYOUT

GERMAN company TUV Rheinland is to appeal a French court’s finding that it is liable for damages suffered by women who have had the Poly Implant Prosthesis (Pip)breast implants that it had certified as safe.

But while it prepares for the appeal, it must still pay out claims to thousands of affected women who have come forward. Tzvi Brivik, of South African law firm Malcolm Lyons & Brivik Inc, representing local claimants, told Weekend Argus that a date for the appeal had not yet been set, but that it was expected to be heard early next year.

Earlier this year a court in Toulon, France, ruled that the implants had a high rupture rate and that women who had had them inserted could lodge claims of at least R44 000 – even if they had not had any problems. Others, who could prove psychological or physical harm from them, could claim additional damages. Since then, several women had come forward from all over the world, Brivik said.

The defendants are Film Afrika Pirates, Cape Town Film Studios and Mathlander Plant Hire. Diakazebi said he was shocked as a result of their negligence – an allegation they denied.

However, Cape Film Studios said Diakazebi only had himself to blame, saying he did not take into account overhead power lines.

Brivik recently met representatives of Pip implant groups in Poland. He said lawyers had agreed a streamlined protocol and standard of information to be exchanged: “This is important for the administration of the claims in view of the vast number expected.” Plastic surgeons and institutions offering cosmetic surgery had also lodged claims.