Mexican Media Reports Lawsuits Against Philips Over Toxic Ventilators Linked to COVID-19 Deaths
Medical News: Families Seek Justice Over Defective Ventilators
A wave of legal actions has erupted in Mexico as families of COVID-19 victims accuse Dutch multinational Philips of manufacturing defective ventilators that allegedly released toxic and carcinogenic particles, leading to severe health complications and deaths during the pandemic.
Mexican Media Reports Lawsuits Against Philips Over Toxic Ventilators Linked to COVID-19 Deaths
The lawsuits follow global alerts, particularly from the U.S. Food and Drug Administration (FDA), which in 2021 warned that certain Philips ventilator models contained deteriorating sound abatement foam capable of emitting harmful substances when degraded. Many other Philip respiratory devices were also found to be dangerous and were recalled later.
https://www.atsjournals.org/doi/10.1164/rccm.202107-1666ED
https://www.reuters.com/business/healthcare-pharmaceuticals/fda-classifies-philips-ventilator-recall-most-serious-2021-07-22/
https://www.propublica.org/article/philips-recall-machines-chemicals-of-concern
https://www.masstortreport.com/blog/fda-has-received-561-reports-of-death-linked-to-recalled-philips-pap-devices.html
https://www.fda.gov/medical-devices/respiratory-devices/recalled-philips-ventilators-bipap-machines-and-cpap-machines
https://vanlawfirm.com/blog/why-are-philips-ventilators-and-breathing-machines-being-recalled/
https://www.fda.gov/medical-devices/recalled-philips-ventilators-bipap-machines-and-cpap-machines/foam-testing-summary-recalled-philips-ventilators-bipap-machines-and-cpap-machines
Amid widespread grief and anger, relatives of deceased patients, such as Jesús and Miriam, have joined forces to demand accountability. They are part of a growing class-action lawsuit movement spearheaded by Mexican lawyers seeking justice for those affected. This
Medical News report found that the first formal complaint was filed on October 6, 2025, involving 43 plaintiffs, including 27 who lost immediate family membe
rs.
Toxic Foam and Delayed Recalls
The controversy revolves around Philips devices that used polyester-based polyurethane (PE-PUR) foam to dampen noise and vibration. Over time, the foam reportedly broke down, releasing potentially carcinogenic gases and particles that could be inhaled by patients dependent on ventilators for survival. Although Philips announced voluntary recalls in 2021, critics argue that the company failed to act swiftly or transparently, leaving many hospitals in low- and middle-income countries—including Mexico—using the devices long after risks were known.
In Mexico, approximately 5,500 of these ventilators were in circulation at the height of the pandemic. Around 2,000 were donated by Philips to government hospitals, while 3,500 more entered the healthcare system through local distributors. Lawyers representing victims argue that this widespread distribution, combined with delayed international communication, directly exposed thousands of vulnerable patients to life-threatening toxins.
Victims’ Stories of Pain and Betrayal
For Miriam Vivanco, whose father, Gabriel Vivanco López, died in April 2021 after being intubated in a COVID-19 ward in Puebla, the discovery of the ventilator’s defects reopened old wounds. She recalls being told repeatedly that her father was stable and responding well to treatment. Then came the late-night call that shattered her world. “You expect a hospital to help someone recover, not to unknowingly expose them to something deadly,” she said.
Similarly, Jesús, another plaintiff, lost his mother under nearly identical circumstances. Both families emphasize that they were never informed about the brand or model of the ventilator used, underscoring systemic opacity and lack of patient rights during the health emergency.
Mounting Legal Pressure on Philips
Attorney Alejandro Rojas, representing several plaintiffs, stated that Philips had been aware of the ventilator’s safety issues long before many were deployed in Mexican hospitals. “They knew since 2021 but did nothing to ensure that hospitals or patients were warned. Many of these devices continued to be used in public, private, and even military medical facilities,” Rojas said.
The legal teams, led by Eduardo Fuentes Celestrín and others, are coordinating multiple class-action filings with Mexico’s Attorney General’s Office and federal courts. They report increasing interest, estimating that over 70 individuals are preparing to join new lawsuits, with roughly 80 percent of all cases linked to fatal outcomes.
A Global Corporate Scandal with Local Tragedies
The Philips ventilator crisis has already prompted lawsuits and massive recalls in the United States and Europe, costing the company billions in damages and settlements. However, for families in Mexico and other developing nations, justice has been slower and less certain. The issue also highlights broader inequities in global healthcare, where defective or recalled equipment is often diverted to poorer countries without sufficient oversight or warnings.
The emotional toll remains immeasurable. “It’s not just about money—it’s about knowing that someone is accountable,” said Miriam. “Our loved ones deserved better.” As lawsuits multiply, the outcome could set a landmark precedent for corporate accountability in international medical technology.
The case against Philips underscores the urgent need for stronger global regulatory mechanisms to ensure medical device safety and transparency across borders. For the victims’ families, true closure will come only when those responsible face justice.
It is not sure as to whether other countries around the world including Thailand will investigate if such dangerous Philip devices were used during the COVID-19 crisis and even after and if any legal actions are also going to be initiated. Consumer groups, activists and lawyers should start looking into these issues seriously.
Media Reference:
https://www.sinembargo.mx/4716283/hablan-las-familias-mexicanas-a-las-que-philips-regalo-ventiladores-de-la-muerte/
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