More than 1,000 sleep apnea patients in NL join Philips fight

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In total, 1,057 people who have used Philips breathing apparatus because they suffer from sleep apnea have registered with a law firm representing possible claimants, the Financieele Dagblad said on Tuesday.

Of them, 70 say they are concerned they may have developed cancer because of the problems, the FD said.

Law firm SAP, which specialises in personal injury cases, has been holding Philips responsible for potential health problems associated with the machinery since 2021. The office began with four claimants but this has now topped 1,000, partly because legal aid insurers have referred cases to the practice, lawyer Mark de Hek told the paper. 

In 2021 Philips issued worldwide recall notices for 15 million devices that included polyester foam used to dampen the noise and which was found to have degraded during cleaning, exposing patients who inhaled the particles to an increased risk of cancer. 

More recent versions use polyether foam, which does not degrade in the same way.

Currently there are no concrete plans to make a claim against Philips in the Netherlands, De Hek told the paper, although he said he had doubts about tests carried out by the company which show there is no danger to health. 

Whatever the outcome of further tests, Philips should have to pay for the emotional damage people have suffered he said. “People could not do without their apnea apparatus but were worried they would breathe in dangerous substances,” he said. “Some people have gone through therapy because of their fears.” 

The Dutch situation is separate from the US, where several damages claims have been made. In one of those, 60,000 patients are suing for damages, which analysts say could cost the company billions of dollars, the FD reported.

Between 80,000 and 100,000 people use Philips breathing machines in the Netherlands. 

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