Pensioners sue Philips: The fight against the health consequences of a supposedly harmless device

Published on: January 17.2025Categories: LegalReading time: 3 min.
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Christina Schröder writes about legal topics for the Love & Law blog at Recht 24/7.

Instead of retiring, Günther and Eva Hanisch are fighting against one of the largest medical companies in the world. The two pensioners from Dingolfing have given up their usual peace and quiet for a legal dispute with Philips. The reason for this is breathing devices that could have massively impaired their health. What initially looks like a minor inconvenience could turn into a huge legal nightmare for Philips.

Breathing apparatus from Philips: a health hazard while you sleep

Günther, a pensioner who had been struggling with breathing problems for years, was dependent on a Philips breathing device. But what he didn't know was that a special sound-absorbing foam was hidden inside the device, which gradually disintegrated and released harmful particles. Günther could inhale these particles with every breath he took - night after night. Initially, he didn't notice any change, but after years of use, his health deteriorated considerably. The connection between the breathing difficulties and the device initially remained undetected.

Class action against Philips: A long road to justice

Like Günther, around 5 million other people worldwide are affected by this recall. In 2021, the major corporation Philips launched one of the largest recalls in the history of the medical sector. But instead of taking responsibility, Philips is showing little cooperation. The company is demanding proof from those affected that their health problems were actually caused by the device. This is precisely where the problem lies: in Germany, such evidence is difficult to provide as the legal hurdles for patients are extremely high. As a result, Günther and many others affected have moved their lawsuits to Italy, where the legal requirements for compensation claims are much more favorable.

Fight against the recall policy: Why the case is becoming dangerous for Philips

Günther and Eva Hanisch's lawsuit is more than just an attempt to obtain compensation. It is part of a larger class action in which thousands of affected people are taking action against Philips. The case not only highlights the weaknesses in the handling of patients' rights in Germany, but could also have far-reaching consequences for the company. If it turns out that the devices have actually caused serious damage to health, this could lead to a worldwide wave of lawsuits and enormous financial burdens for Philips.

A critical look

One thing is clear: the way patients' rights are handled in Germany urgently needs to be reformed. It is hard to believe that people who have been harmed by a medical device have to overcome such high hurdles to enforce their right to compensation. The practice of those affected having to prove the link between their illness and a device before they can receive compensation is simply outdated. It is high time that companies like Philips took responsibility - and not just in the form of recalls, but also in the form of fair compensation for those affected.

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