According to its own information, more than 2,000 women from Austria have reported to the Consumer Protection Association (VSV) that they have been harmed by defective contraceptive coils from the Spanish manufacturer Eurogine. Several proceedings are already pending in Austrian courts. VSV and a litigation financier are now preparing further massive lawsuits against the Republic and the manufacturer, the association reported on Friday.
Material defects were discovered in a number of spirals that could lead to breakage of the side arms. Already in the spring of 2018, the manufacturer received the first complaints. The result was a recall of certain batches. In 2019, health authorities in many countries, including Germany and France, issued a warning. It was not until the end of September 2020 that the Austrian Federal Office for Safety (BASG) in healthcare advised medical specialists to invite users of the affected products for a check-up.
The financier can assume the risk of litigation costs
The SAAM has already filed more than 100 lawsuits for women who have legal aid or are preparing for it. Lawyers in all states are conducting proceedings against Eurogine at district courts, the association announced on Friday. “Together with dP Der Prozessfinanzierer GmbH, the SAAM now offers all women who do not have legal protection the opportunity to conclude a dispute financing agreement: the financier assumes the risk of legal costs, but receives 35 percent of the proceeds from judgments or settlements,” Peter Kolba, chairman of the VSV, now announced.
Kolba: ‘Recall campaign kept secret for a long time’
“We will also bring this lawsuit against the Republic of Austria, as the Federal Office for Health Safety has been silent for a long time about the recall,” Kolba stressed. “Timely warning would have enabled timely removal of the faulty coils.”
The case was appealed in January. According to the VSV, the Higher Regional Court (OLG) Vienna has overturned the first verdict in an official liability case due to errors in the BASG and ruled that the Medical Devices Act also protects individuals and that they can therefore make claims. The Supreme Court (OGH) must consider the question of possible official liability in connection with defective contraceptive coils from the Spanish manufacturer Eurogine. According to an OGH spokeswoman, “several proceedings are still pending” and no decision has yet been made.
Source: Krone
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