By Urs Feller. Partner at Prager Dreifuss Rechtsanwälte AG Zürich (Re published with permission)

Introduction
The global trend of strengthening collective redress mechanisms has reached Switzerland as well. Recently, the debate intensified considerably after the European Court of Human rights ruled in a landmark judgment that Switzerland's inadequate measures against climate change violate the human rights of a group of older Swiss women. In addition, last year's emergency takeover of Credit Suisse by UBS, following which investors claimed considerable losses, has reignited the topic.

As the Swiss Civil Procedure Code (CPC) lacks a true representative mechanism of collective redress, the core of the ongoing political debate is about whether – and if yes, to what extent – such litigation mechanisms should be adopted to ensure effective access to justice for persons affected by mass damages.

November 14, 2024 – Geneva, Switzerland

The Global Justice Network (GJN) has issued a response to recent remarks made by Dr. Roy Jacobs, CEO of Philips, regarding the “Respironics” European class action currently before the courts of Milan. This case, led by GJN in collaboration with Adusbef and European patient representatives, seeks accountability for the effects of Philips' recalled medical respiratory devices on hundreds of thousands of patients across Europe.

In a recent interview with the Dutch publication NU.nl, Dr. Jacobs addressed the class action by stating, “If there are consequences, they will be of a very different magnitude than in the North American case,” and added that “It is too early to talk about it at this stage. We don’t know yet if there is anything significant in the case”.

GJN wishes to address these comments considering the significant potential implications for affected individuals across Europe.

Magnitude of the Case

The European class action has already seen interest from thousands of individuals seeking legal recourse due to the potential health risks associated with Philips' recalled devices. The lawsuit could represent over one million users of these medical devices, though the true number of individuals exposed may be significantly higher. This includes not only users of these devices at home but also those who have relied on ventilators in critical care settings, particularly during the COVID-19 pandemic. Given the scope of this impact, GJN emphasizes that this matter warrants serious consideration.

Acknowledging Public Health Concerns

In response to Dr. Jacobs’ assertion that it is premature to address the concerns raised, GJN underscores the importance of clarity and transparency from corporate leadership on matters that impact public health. The organization asserts that public trust and confidence require clear communication and responsible action from multinational corporations, especially in health-critical industries.

GJN’s position is that patients and the public deserve assurance that their health has been protected at all stages of device manufacturing and distribution. GJN is committed to addressing the potential health impacts linked to the use of the recalled devices, such as respiratory diseases, carcinogenic and neurotoxic effects, and endocrine disruption—all conditions highlighted in reports from expert toxicologists consulting on this case.

Health Risks Identified by Toxicology Experts

Consultations with leading toxicologists have identified dozens of harmful chemicals in the sound-dampening foams used in Philips’ devices, some of which may pose serious health risks. These toxic compounds, released in the form of particulates (PMs) or volatile organic compounds (VOCs), have been associated with respiratory issues, certain cancers, and other health problems. Philips is, in recent settlements in the United States, in the wake of compensating users suffering from health conditions similar to those reported by European users.

Operational and Procedural Concerns

Global Justice Network questions Philips' timeline for recalling affected devices and its communication practices with distributors and patients. Noting the prolonged duration of the recall, GJN asserts that more timely communication and action would have potentially prevented ongoing risks to users. GJN points to the importance of prioritizing patient safety over procedural delays, especially when health risks are known.

Seeking Accountability and Clarity

The GJN urges Philips to demonstrate a clear commitment to patient safety and address the concerns raised by the class action suit. The organization also calls upon the Milan court to consider the urgency and breadth of this issue in its proceedings. In the meantime, GJN will continue advocating for the protection and compensation of all individuals affected by Philips’ recalled devices across Europe.

For further information, please contact our swiss partner firm Eurolegal Swiss Law firm representing claimants from Switzerland or directly the Global Justice Network  which also has its registered seat in Zug, Switterland