Defective oxygen devices can damage lungs: lawsuit against manufacturer

2023-11-24 03:04:00

With sleep apnea, there is a breathing disorder and the body is not supplied with enough oxygen; loud snoring is a symptom. A ventilator can help.

However, the manufacturer Philips is said to have brought defective products onto the market. Foam used for insulation becomes brittle and crumbles during use and there is a risk that the small parts can be inhaled and swallowed. At least that’s what it says in the claim for damages that the Consumer Protection Association (VSV) brought to the Vienna Commercial Court on behalf of a patient. The first round of negotiations took place yesterday.

The plaintiff used the device for years and became seriously ill. “Tissue examinations revealed inflammatory changes, exactly those that have been known for many years when exposed to foam particles,” argues VSV lawyer Peter Kolba.

Explosive: “Despite knowing about the product defect since 2015, Philips only informed all users of these devices in Austria in the summer of 2021 by registered letter and warned that the inhaled crumbs could potentially be carcinogenic,” says Kolba. The association demands that Philips make the safety data sheets for the foam used public, as targeted medical treatment is only possible if the materials used are known. However, the company has not yet complied with this request.

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In addition, Philips refused to pay the damages citing an alleged statute of limitations, says Kolba and criticizes this “abuse of legal remedies”. The plaintiff not only demands damages, but also seeks a declaration that the manufacturer should be liable for all further consequential damages in the future. An expert pulmonologist was heard in the trial yesterday and the proceedings were then postponed indefinitely.