the group ordered by the Italian courts to replace its defective machines before the end of the month

In Italy, the Philips group has been ordered by the courts to replace all of its defective respirators used by patients with sleep apnea before the end of April, according to information from franceinfo this Friday. A “historic” decision according to patient associations, which had taken collective action against the manufacturer.

>> Philips respirator case: the drug agency takes legal action

Penalty of 20,000 euros per day

Two years after announcing that its machines were potentially carcinogenic (in June 2021), only less than half of the offending respirators have been replaced in Italy, around 45,000 devices out of 100,000 users. The Milan court therefore condemns Philips to replace all of its devices before April 30. To ensure that Philips complies, the court sets a penalty payment of 20,000 euros per day from May 1.

This decision comes as Italian patient and consumer associations filed a lawsuit against the Dutch multinational at the end of September 2022. According to the judges, “multiple proofs” give reason to the complainants, evoking devices “detrimental to all users, exposed to the release of particles and toxic chemicals that are harmful to the body“. According to the court, the danger is “real” and cannot be questioned. The devices are well “likely to cause the death of the user or a significant temporary or permanent aggravation of his state of health“.

>> Philips respirator case: associations demand sanctions against the company for not having fulfilled its obligations

Lawyers for the associations, for their part, recall that Philips was aware of a problem with the polyurethane foam of its devices since at least 2015, as evidenced by exchanges of emails with the foam manufacturer. In France, too, thousands of devices have still not been replaced. The Medicines Agency seized the Paris prosecutor’s office a few days ago in this case.