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

Since the summer of 2021, the Dutch company Koninklijke Philips N.V. has been forced to withdraw from the global market several devices massively affecting the whole world, and more specifically, defective models of respirators presenting a health risk for patients suffering from respiratory problems, including sleep apnea[1].

The nature and scale of the case led consumers around the world to question the legal options available to them in such a situation. A first initiative was the conclusion of an agreement between Philips and the United States, under which the Dutch company would have agreed to compensate 58,000 people affected by the defective devices, to the tune of 1.1 billion dollars[2], in order to collectively settle all claims for damages from the victims. 

However, unlike in the United States, where the class action originated, what about on a European scale, and more specifically, in European Union law? European law has a legal text that is binding on its member states: Directive 2020/1828 on representative actions to protect the collective interests of consumers, which came into force on June 25, 2023. In its preamble, the Directive aims to "improve consumers' access to justice" (ch. 10), and consequently, to be represented by entities qualified to act against companies (art. 4 ch. 1). It thus enables European consumers to have their rights and interests protected in the event of infringement of European law by companies.

In June 2023, as part of the Global Justice Network (GJN), one of the world's leading groups of international lawyers, our firm proudly and with dignity demonstrated its willingness to continue its commitment by working and persevering in its mission to represent people harmed in Europe by the use of these devices, and in particular those in Switzerland who had used the 28,188 devices sold in that country. Together with the Italian consumer rights organization ADUSBEF, our groups then brought the first Europe-wide class action based on the aforementioned Directive against Philips[3].

Following the example of the United States, the European desire we represent today is to bring this action in order to obtain compensation for the 1.2 million European citizens concerned. The lawyers are claiming 70,000 euros per victim, representing a total of 84 billion euros. They justify this demand by the emotional trauma suffered and are also claiming additional compensation for patients who actually suffered health problems linked to the faulty respirators, as well as for the families of deceased patients[4].

The outcome of such an action will mark a high point in the jurisprudential history of European legal procedure, as it will pave the way for many future Europe-wide class actions, as we are currently experiencing with this first action against the Dutch company, Philips[5].

Despite the emergence of European class actions, which reflect new issues and introduce complex legal challenges due to their international nature, involving victims from different countries, our commitment remains intact. We are proud to continue to represent the Swiss, despite the legal challenges we face in this new era of European class actions. We will continue to be on hand to inform the Swiss about their rights, and to reaffirm our firm's commitment to defending its international clientele in close collaboration with the GJN. 

 
[1] https://www.rtbf.be/article/respirateurs-philips-possiblement-defectueux-les-utilisateurs-attendent-les-actionnaires-reclament-dedommagement-11065254
[2] https://lemondedudroit.fr/decryptages/94291-vers-une-europe-des-nuclear-verdicts-l-affaire-philips-et-les-nouvelles-perspectives-juridiques.html
[3]  https://www.euractiv.fr/section/sante/news/action-collective-a-lechelle-europeenne-contre-philips-pour-des-respirateurs-potentiellement-toxiques/
[4] https://www.euractiv.fr/section/sante/news/action-collective-a-lechelle-europeenne-contre-philips-pour-des-respirateurs-potentiellement-toxiques/
[5] https://lemondedudroit.fr/decryptages/94291-vers-une-europe-des-nuclear-verdicts-l-affaire-philips-et-les-nouvelles-perspectives-juridiques.html#_ftn3