Facts
The dispute concerns a person (X.) who had a right hip prosthesis implanted on April 19, 1996 in a Geneva clinic. This prosthesis, composed of various elements (metal shell, polyethylene core, zirconium head, femoral stem), was produced by a company taken over in 1999 by Y. SA.
At the end of 1999, a radiological examination revealed wear of the polyethylene component of the cup. In 2001, the wear had increased. On April 9, 2002, X. underwent a new operation to replace the cup.
On May 27, 2004, X. filed an action against Y. SA based on the Federal Product Liability Act (FPLA). His conclusions aimed at the payment of an amount of 293,934 francs, corresponding in particular to household damage, impairment of economic future, moral damages and legal fees.
Considerations
The Federal Tribunal dismissed the appeal to the extent that it was admissible.
First, the Federal Tribunal examined whether the FPLA applied in this case, the respondent company arguing that implants and prostheses are not covered by the scope of this law. However, the Federal Tribunal considered that the FPLA applies to hip prostheses, which are products within the meaning of this law, even if they are used in the context of a medical service provision.
On the merits, the Federal Tribunal confirmed that the cantonal court had not violated federal law in finding that a manufacturing defect in the disputed prosthesis had not been established. Indeed, since the prosthesis had not been preserved, it was not possible for the appellant to provide proof of such a defect, and…