GJN announces launch of first EU wide class action (Philips Respironics CPAP and ventilators toxic foams)
GJN confirms the launch of the first ever EU class action.
On July 4, 2024 in Brussels, details were given to the press in relation to the lawsuit concerning Philips Respironics ventilators and CPAP machines with degrading toxic foams.
GJN created a coalition of >20 lawyers and 15 law firms, 1 consumers association (ADUSBEF from Italy), 10 technical experts plus strategic staff and consultants: a true network of competence and dedication with the goal of protecting victims and advancing their rights, as it is within our Statute.
GJN as a whole, and its members, have a long-standing tradition of representing victims of crossborder mass torts worldwide. They showed they can win and/or resolve extraordinarily complex cases with prolonged investigation, careful planning, patient and persistent case management.
The Philips Head of Quality Products for the entire EU territory was and is based in Milan.
Over 1,2 million European users are involved and have the right to claim for compensation.
Users are more than: 300.000 in France, 170.000 in Germany, 100.000 in the UK, 100.000 in Italy, 70.000 in Spain…
Medical devices, including design and choice of components, are the same for all users, as identical are the conducts related to the knowledge of the issue, the timeline of the recall and its execution – still incomplete at 5.7.2024. Identical for all is, too, the distressing text of the “Field Safety Notice” that Philips distributed from 2021 detailing risks of severe injuries, including potentially lethal ones. And a full degree of homogeneity is also found within the specific health risks that Philips is settling with many claimants in the USA — cancer diseases, respiratory diseases.
Philips now states that based on “further studies” it believes it is “unlikely that exposure can result in appreciable harm”.
However, such backtrack has no merits.
Health authorities around the globe including the FDA and the Italian Ministry of Health have dismissed it.
GJN rejects that it is the manufacturer, who is a defendant in numerous legal proceedings, who sets the level of severity of what is “appreciable” harm to people: an independent Court and its independent experts are the best-situated professionals to establish so.
GJN further stresses that “unilkely to result in appreciable harm” is obviously not the test against which medical devices can be sold and distributed: medical devices must be entirely safe and if adverse reactions are expected, they shall be clearly marked, written and understood by users.
Furthermore, experts hired by GJN members in preparation of the present class action, believe that the tens of VOC’s (Volatile Organic Compounds) and PM (Particulate Matters) emitted by such devices shall be considered dangerous to human health and able to lead also to very severe and lethal injuries.
Finally, Philips is settling tens of thousands of personaly injury cases from the USA class action.
An EU-wide class action for all exposed users is therefore the best solution to allow victims equal and full compensation for exposure to high risk chemicals, injuries and death.
http://www.cpapeurope-classaction.com was created on purpose.
Clarity and finality will only be available when all torts are remedied.
More news soon.