Philips ventilator scandal: Criminal complaint filed by over 200 plaintiffs, damning report proves them right

Home Philips ventilator scandal: Criminal complaint filed by over 200 plaintiffs, damning report proves them right
Written by Doug Hampton
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The Toulouse lawyer Me Christophe Lèguevaques (CLE) sent a civil summons followed by a criminal complaint bringing together more than 200 people against Philips in the case of the scandal of defective respirators.

“We are trying to speed up the pace”, confided to us Me Christophe Lèguevaques by announcing this Friday, June 16, 2023 that a criminal complaint was going to be filed against Philips in the case of potentially dangerous respirators.

More than 200 plaintiffs as well as the FFAAIR (French Federation of Associations & Friends of Patients, Respiratory Insufficients or Handicaps) and the FNATH (association of accident victims) who participate in this complaint filed with the Public Health Department of the Public Prosecutor’s Office of Paris for endangering the lives of others, aggravated deception and administration of harmful substances.

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“The complaint has 217 complainants, 200 are waiting to join the list and it is still possible to register, specifies the Toulouse lawyer who is carrying this file. The objective is to convince the prosecution to appoint a judge”. It occurs a few days after the start of civil proceedings, on June 13, aimed at compensation for moral damage linked to the lack of information as well as to the damage of anxiety. This procedure is initiated by 1341 applicants also represented by Me Lèguevaques.

“Philips played with people’s lives to save money”

The “Respiratorgate” affair broke out in 2021 when Philips announced the global recall of more than 5 million respirators used at home by people suffering from sleep apnea or respiratory failure. The manufacturer had then recognized that the polyurethane foam intended to soundproof these devices posed a problem and it undertook to replace the devices. According to the ANSM, 370,000 patients are concerned in France. For Christophe Lèguevaques the company was aware of these failures well before 2021. “Philips played and speculated with people’s lives to save money”, he assures us.

A damning expert report

Just before this criminal complaint, Laurence Huc, toxicologist, revealed on June 13 the conclusions of his expert report concerning the analysis of toxicological data relating to respirators of the Philips brand. And according to her, “continuing to expose people who believe they are treating themselves, without their knowledge, to VOCs and foam particles, the toxicological dangers of which are known, puts others in danger.”

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“People treated for sleep apnea suffer from a number of comorbidity factors (…). Thus, keeping them on faulty respirators only increases the likelihood of contracting cancer, another chronic disease, or accelerate its progression”, also commented the toxicologist.

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