2023-06-16 09:35:42
More than 200 people filed a complaint Thursday in Paris, including three for manslaughter, in the file of the Philips group’s defective sleep apnea breathing apparatus, lawyer Christophe Lèguevaques announced on Friday June 16 at Agence France- Press, confirming information from the investigation unit of Radio France.
In the lawsuit, 217 people allege offenses such as deception, endangering the lives of others, deceptive business practices, and administration of harmful substances, he said. Three complainants also seek the offense of manslaughter, according to him. French public radio thus evokes the case of Serge Toulotte, who died of generalized cancer at the Calais hospital on April 6, 2022. His widow links his death to the use of the respirator.
According to the lawyer, these complaints from individuals will be the first to be submitted to the investigation opened in June 2022 by the public health department of the Paris prosecutor’s office. In April, the National Agency for the Safety of Medicines and Health Products (ANSM) announced that it had taken legal action after observing shortcomings in the replacement of devices by Philips, which had nevertheless committed to it. With this complaint, “we provide additional information to the prosecution so that it wants to entrust the investigation to an investigating judge”underlined the lawyer.
Used by 350,000 patients in France
In 2021, Philips announced a massive recall of its sleep apnea breathing devices. Used by 350,000 patients in France and 1.5 million in Europe, they contain sound-absorbing foam, which is in question, since the group noticed that particles came out of certain devices and could be inhaled or ingested by the patient.
The group had mentioned a risk of long-term cancer. But, in December 2022, Philips assured that, according to extensive tests, the devices complied with the safety regulations. In January, justice ordered Philips France, at the request of patient representatives, to make public a document relating to its respiratory devices.
In mid-May, according to tests presented as covering most registered respirators, the Dutch company assured that it was ” unlikely “ that they harm patients. Me Lèguevaques accompanies his complaint with a private report requested from Laurence Huc, toxicologist and director of research at the National Research Institute for Agriculture, Food and the Environment (Inrae). According to the lawyer, this report comes “completely contradict the reassuring words of Philips”.
In the red in 2022, the group had announced the elimination of 10,000 jobs in total worldwide following this recall, and announced in April that it had set aside an additional 575 million euros to face legal proceedings in the United States.
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