Senator Urges Justice Probe of Respironics

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Sen. Richard Blumenthal (D-CT) is calling on the Justice Department to take action against Philips Respironics after a recent investigation by ProPublica and the Pittsburgh Post-Gazette revealed the company kept secret more than 3,700 complaints about its faulty CPAP breathing devices over the course of 11 years before launching a massive recall in 2021, according to a new report by ProPublica.

“Philips brazenly turned a blind eye to its dangerous defective machines all in the name of profit,” Blumenthal told the news service. Previously, Philips acknowledged that an industrial foam placed inside the devices to reduce noise could break down in heat and humidity and release material into the air paths of the machines, the investigation found.

“Philips knew about the serious risks of its breathing machines for years, but inexcusably, withheld critical information,” said Blumenthal. “The DoJ must take immediate, aggressive action against Philips for its years-long wrongdoing.”

Safety tests on the foam by Philips following the recall were called into question by CDRH 10/5 (see earlier story), saying they were inadequate and did not “fully evaluate the risks posed to users… Although Philips concluded that the exposure to foam particles and volatile organic compounds from these devices is ‘unlikely to result in an appreciable harm to health in patients,’” CDRH said. “FDA believes additional testing is necessary. Philips has agreed to conduct the additional testing. Based on the currently available information, FDA maintains its recommendations regarding the potential health risks associated with the PE-PUR foam breakdown in these recalled devices.”

The Justice Department, which has been investigating the company’s testing practices and safety claims, can impose various penalties against medical device companies in violation of federal safety laws, including civil sanctions and criminal charges, Propublica noted.

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