Judicial investigation opened into defective Philips ventilators: "Let's admit that they lied"

A judicial investigation has been opened into the case of defective Philips ventilators . These devices were used in particular by patients suffering from sleep apnea, but the foam they contained was toxic. The devices were eventually recalled, but some patients were left breathing Phillips for years.

In total, there are 105 complaints filed by individuals, one complaint from the FFAIR association (French Federation of Associations and Associations of Respiratory Insufficiency Patients), another from the FNATH (Association of Accident Victims of Life) and a report from the ANSM under Article 40 of the CPP dated March 2, 2023. In the United States, the group announced at the end of April that it would pay $1.1 billion to settle its disputes in that country concerning these devices.

An investigating judge has been appointed, it was announced on Tuesday. He has been investigating suspicions of aggravated fraud since June 12. The Philips group is said to have marketed respirators containing a toxic and potentially carcinogenic foam.

“I trust the justice system to see this through to the end,” says Christian Trouchot, who has used a Philips device for more than 10 years.

“I’m happy because I think that all those who, like me, have used this device, deserve respect. We’re not here to get rich, the goal is to recognize that a large group lied and made fun of its patients. That in the construction of healthcare equipment, they used construction equipment. It’s completely crazy. Once healthcare is ruined, it’s ruined, what are you going to do with your money?” he asks.

A preliminary investigation was indeed conducted by the gendarmes, but the investigating judge has more powers, emphasizes Maître Lèguevaques. The lawyer is bringing a class action against Philips.

“This is a milestone victory, since we've been trying to convince the courts to conduct an investigation for three years. So, we have an investigating judge, the investigation can begin, and the victims are satisfied.”

He concludes: “Finally, we listen to them, we take into account the elements that we have recovered, particularly in the United States, which demonstrate that Philips knew about the problem with these respirators since at least 2015 and that it misled the public and the authorities about the dangers of its products.” The lawyer hopes for prosecutions and a trial against the manufacturer of the respirators within 2 to 3 years. Contacted by RMC, the Philips France group did not respond.