More than 1.2 million consumers are said to have suffered damage from Philips sleep apnea devices, including 34,000 Belgians. An international group of lawyers is launching a class action on a European scale, the first of its kind.
Philips’ sleep apnea device was supposed to give patients a better night’s sleep by reducing snoring, which in turn caused their breathing to stop less. In practice, the device turned out to be a nightmare for Philips itself. The Dutch electronics giant has had to recall millions of sleep apnea devices since 2021.
The devices’ insulating foam could come loose, end up in the air hose or filters, and sometimes cause serious injuries. The case has already cost the company billions in recalls, lost profits and legal fees. Earlier this year, Philips reached a billion-euro settlement in the US, buying off some 60,000 damage claims from people who say they have become ill or fear they will become ill.
“Emotional stress”
A European class action is now added to this. An Italian law firm is taking Philips to the Milan court at the request of the Italian consumer organization Adusbef. The lawsuit applies not only to Italy, but to the entire European Union, and should therefore be a first.
More than 1.2 million patients have used the device, according to prosecutors. An estimated 34,000 of them are Belgian. They are entitled to compensation, either for emotional distress or for complaints such as respiratory problems or cancer. According to lawyer Stefano Bertone, a number of patients have even died.
“Philips has known there was a problem since 2008,” says Bertone. “We want Roy Jakobs (the current chairman of the board of directors, ed.) to court to explain why it took so long to intervene.”
So far, only a dozen European patients have joined the class action, but that could change soon. According to Bertone, it is still possible to join even after the verdict.
Philips has so far denied any guilt. After the settlement in the US, the share price even shot up, indicating that the financial markets were expecting higher amounts.
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