Appeal on Official Liability for Defective Contraceptive Coil Dismissed

The VSV announced this on Tuesday. Now the litigation financier dP has declared that it will no longer finance the test cases regarding Eurogine. The five proceedings in terms of official liability against the Republic are therefore likely to be concluded, according to the VSV.

Material fatigue had caused the coils to break prematurely, resulting in significant health damage for some women. This has been known since spring 2018 through a product warning from the Spanish authorities, the VSV recalled in a press release. However, the Federal Office for Safety in Health Care (BASG) in Austria did not publish a warning until autumn 2020.

Defective Contraceptive Coil: Warning Responsibility of Gynecologists

Contrary to the legal opinion of the Higher Regional Court (OLG) Vienna, the OGH deemed the appeal of the Consumer Protection Association in one of the test cases inadmissible and dismissed it. According to the VSV press release, the OGH held the view that it was the responsibility of Austrian gynecologists to warn the women, and that Eurogine and the BASG could have relied on this. The OGH considered the approach of the BASG to be justifiable.

"I deeply regret this decision of the OGH - it has been seen that with over 2,000 affected women in Austria, all of whom only contacted us through the media work of the VSV, the warning chain through the gynecologists has been anything but functional," informed VSV chairwoman Daniela Holzinger. "How one can assume here that the approach of the BASG - namely not publicly informing the affected women in full - was justifiable is beyond me." Holzinger sees the affected women as being abandoned by the Republic.

(APA/Red)

This article has been automatically translated, read the original article here.