The judge in chambers of the Nanterre judicial court ordered the company Philips France Commercial to communicate a document relating to its respiratory devices, claimed by patient representatives, according to an order consulted on Friday by AFP.
The French Federation of Associations and Friends of Insufficient or Respiratory Disabled Patients (FFAAIR) has a "
legitimate reason to obtain the communication of documents likely to determine whether the use of the disputed masks induces a health risk
", considers the judge in chambers in this decision rendered on Thursday.
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The association had proceeded in November to a summary summons - which makes it possible to obtain a rapid decision from the judge ordering concrete measures - with the aim of obtaining the transmission of around twenty documents on the composition of a foam present in the product and studies showing that it is carcinogenic is not established.
The interim relief judge ordered the company to provide a single document.
But he rejected the request for the transmission of documents “
without apparent link with the proof of the dangerousness of the masks
” as well as those whose existence is not “
established with certainty
”.
Recall of several defective models of respirators
“
It is a breach in the wall of business secrecy
”, rejoiced in a press release the council of the FFAAIR, Me Christophe Léguévaques.
Since June 2021, Philips has been forced to initiate a massive recall campaign for several defective models of respirators, used in particular by patients suffering from sleep apnea.
Read also Respirator recall: Philips publishes “reassuring” tests
These devices, used by 350,000 patients in France and 1.5 million in Europe, contain sound-absorbing foam.
It is she who is in question: the group noticed that particles came out of certain devices and could be inhaled or ingested by the patient.
These particles can cause irritation and headaches.
The group had also mentioned in 2021 a “
potential
” risk of long-term cancers.
Through these requests for documents, the idea was to know if the leaders of Philips had acted "
as soon as they (had) been aware
" of the risks and "
what measures (had) been adopted to replace the faulty respirators
", had explained Me Léguévaques in November.
The group's defense then assured that "as
soon as the risk (had) appeared serious, the group (had) seized the supervisory authorities
".
At the criminal level, the French justice system has since June taken up several complaints for aggravated deception and endangering the lives of others, filed by patients.
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