Several proceedings are already pending in Austrian courts. VSV and a litigation financier are now preparing further mass lawsuits against the Republic and the manufacturer, the association reported in a broadcast on Friday.
Material defects that could lead to the fracture of the side arms were discovered in a number of the spirals. The manufacturer received the first complaints as early as spring 2018. The result was a recall of certain lots. In 2019, the health authorities in many countries, including Germany and France, issued a warning. It was only at the end of September 2020 that the Austrian Federal Office for Safety (BASG) in the healthcare system recommended that medical specialists invite users of the affected products to a check-up.
The SAAM has already filed more than 100 lawsuits for women who are covered by legal protection insurance or are preparing to do so. In all federal states, lawyers are busy conducting proceedings against Eurogine in 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 coverage to conclude a litigation financing contract: the financier assumes the risk of legal costs, but receives 35 percent of the proceeds from judgments or settlements,” announced Peter Kolba, chairman of the VSV, now on.
“We will also bring this lawsuit against the Republic of Austria, since the Federal Office for Safety in Health Care has kept quiet about the recall campaign for a long time,” emphasized Kolba. “Timely warning would have enabled timely removal of the failed coils.”
Already in January there was an appeal judgment in the case. According to the VSV, the Higher Regional Court (OLG) Vienna overturned the first judgment in official liability proceedings due to errors in the BASG and found that the Medical Devices Act also protects individuals and that they can therefore assert claims. The Supreme Court (OGH) has to deal with 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 a decision has not yet been made.
