MARSEILLE, France (Reuters) - Jean-Claude Mas, the Frenchman who has sparked a global health scare by selling substandard breast implants, was arrested on Thursday and could be charged with manslaughter, the public prosecutor in the city of Marseille said.
In the first arrests since the 2-year-old scandal grabbed headlines worldwide in December, Mas and a second executive at his now defunct company Poly Implant Prothese (PIP) were seized at their homes in southern France shortly after dawn.
If charged with involuntary manslaughter and causing injury, both could face longer prison terms than those they already risk in a parallel fraud case due to come to court around October.
French authorities have been criticized for being slow to react to a case that has sown fear among tens of thousands of women who carry PIP implants. French inspectors ordered them off the market in March 2010, due to concerns over their quality.
But only last month did officials in Paris recommend their surgical removal, drawing attention to the problem for patients worldwide who had been fitted with products from the company, which was at one time the third-biggest global supplier.
Lawyers for women in France who have filed complaints over PIP implants welcomed the arrests and said there must be no escaping justice for the 72-year-old Mas, who has been quoted as deriding those suing him as being motivated only by money.
"This is a comfort for the victims," said Laurent Gaudon, whose clients are suing PIP and surgeons who used its implants for fraud. "It's the feeling that justice is advancing and they have not been forgotten. It's the assurance that the guilty are at last going to be held accountable."
Philippe Courtois, who represents 1,300 people with PIP implants, said Mas should not be freed pending any court case. "A degree of provisionary detention is desirable," he said.
Mas and PIP's former chief executive Claude Couty were still being questioned at home at midday, as police searched their premises. They were due to be moved to police custody in the Mediterranean port city of Marseille later, under the orders of prosecutor Jacques Dallest.
Substandard silicone
PIP enjoyed years of success with international sales, but behind the scenes employees, and Mas himself, have admitted to hiding from certification agencies the fact they were using cheap, industrial silicone, not approved for medical use.
Health authorities in France and elsewhere have stressed that PIP's products carry no proven link to cancer, but surgeons report that they have abnormally high rupture rates. Responses to the problem have varied among different foreign authorities.
Thursday's arrests follow an investigation opened in Marseille, close to PIP's former premises, on December 8 after the death from cancer in 2010 of a woman with PIP implants.
Mas and Couty can be held for up to 48 hours while a judge decides whether to charge them with involuntary manslaughter and causing injury and, if so, whether to continue their detention or to free them on bail conditions.
A trial date could be years away, given the extent of inquiry required, but the graver manslaughter case could make it harder for Mas to avoid appearing in court later this year on other charges of fraud and deception.
That latter case targets half a dozen former PIP executives and could also carry prison terms for them of several years. It has dragged on as investigators have had to quiz up to 2,700 women who have filed complaints over PIP implants.
Mas, who sold some 300,000 implants around the world, has acknowledged that he used unapproved silicone but dismissed fears that it constituted a health risk.
Earlier in January, leaks from a police document showed Mas admitting to lying about the quality of PIP's implants and describing the women filing complaints against him as just seeking money. The comments sparked public anger against him.
PIP closed down in March 2010 after regulators discovered it was using a nonapproved silicone gel, and pulled its implants off the market.
In December 2011, the French government advised women with PIP implants to have them removed, and said it would even pay for the operations in France, sparking alarm around the world.
Governments in several other countries such as Britain and Brazil have asked women to visit their doctors for checks.
France has called for tighter European Union regulations on medical devices in wake of the PIP health scare, saying suppliers should be made to carry the same sort of authorization as suppliers of prescription medicine.
By Jean-François Rosnoblet
Last Updated: 2012-01-26 10:31:03 -0400 (Reuters Health)
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