Philips Faces Scrutiny Over Handling of Defective Sleep Apnea Machines and Ventilators

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ICARO Media Group
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28/10/2023 22h12

In a recent federal court hearing, new revelations have shed light on the actions of global corporation Philips and its handling of faulty sleep apnea machines and ventilators, putting the health of patients at risk. The hearing, which took place in Pittsburgh, detailed how despite the company's own scientists identifying critical risks associated with these devices, CEO Roy Jakobs allowed distributors to continue selling the machines in their inventory.

The testimony provided during the hearing has raised concerns about the inner workings of Philips, a parent company responsible for the operations of Philips Respironics, the U.S. subsidiary manufacturing these devices. Lawyers representing thousands of plaintiffs claim that decisions regarding patient safety were made at the highest levels of the Dutch corporation.

A joint investigation conducted by the Pittsburgh Post-Gazette and ProPublica last month revealed that Philips had withheld over 3,700 complaints regarding the faulty machines for 11 years before initiating one of the largest recalls in history. This prompted lawyers for the plaintiffs to argue that the parent company should be held liable for damages, while Philips contended that the responsibility lies solely with its subsidiary.

During the two-month period leading up to the recall in June 2021, Philips failed to inform the public about the unacceptable risks posed by the machines. The devices contained foam that was breaking down, emitting chemicals that could cause life-threatening injuries or permanent impairment. The company's decision to allow the sale of these defective machines, despite internal warnings, has drawn sharp criticism from public health experts.

Since the recall, Philips has claimed that further tests have shown no long-term health impact from the foam. However, the FDA issued a statement expressing concerns about the adequacy of the company's tests to fully evaluate the risks to users.

Although establishing links between the machines and illnesses can take years, FDA records show that health care providers and users have reported over 2,000 cases of cancer, along with 600 kidney and liver ailments, and 17,000 cases of respiratory infections related to the Philips devices.

Lawyers for the plaintiffs argued that top executives in Amsterdam were aware of the problems with the machines in the U.S. years before the recall. Former CEO Frans van Houten reportedly met with FDA officials in 2015 to discuss safety issues at the company's plant in Cleveland.

The parent company's efforts to distance itself from the lawsuits and the thousands of injury claims have been met with opposition. Members of Congress have called for investigations and a crackdown on Philips' actions, with the Justice Department urged to take immediate action.

The motion by Philips to dismiss the parent company from the proceedings has significant implications for multinational corporations, as it raises questions about the liability of subsidiaries operating in different countries. Royal Philips, with its global presence, faces the challenge of separating itself from the legal battles.

As the legal proceedings continue, the evidence presented in the case, including the actions of top corporate leaders, may have far-reaching consequences beyond liability. Questions of culpability and rule violations may come under scrutiny.

The Philips recall serves as a cautionary tale for corporations, highlighting the importance of prompt action and integrity in ensuring patient safety. The handling of the defective sleep apnea machines and ventilators is likely to be held up as an example of what not to do.

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