PITTSBURGH – A Colorado couple allege that a Philips-brand ventilator and its manufacturers were responsible for the death of their five-year-old daughter in November 2021 from respiratory arrest.
Heather R. Moore (as Administrator and Personal Representative of the Estate of Julianna E. Moore, deceased and in her own right) and Billy Moore of Centennial, Colo. filed suit in the Allegheny County Court of Common Pleas on Nov. 21 versus Philips Respironics, Philips Respironics, Inc., Respironics, Inc. and Philips RS North America, LLC, all of Murrysville, plus two John Doe defendants.
“Before November of 2021, the Philips Respironics defendants designed, assembled, manufactured, distributed, sold, supplied and placed into the stream of commerce respiratory medical devices, including the Trilogy Evo H305686053D74 ventilator. Before November of 2021, the Trilogy Evo ventilator was designed and manufactured in Western Pennsylvania. Before November of 2021, the Philips Respironics defendants marketed the Trilogy Evo ventilators as the gold standard of medical products. Before November of 2021, the Philips Respironics defendants put the Trilogy Evo ventilator into the stream of commerce to be used by a child that was dependent upon the ventilator for breathing,” the suit states.
“The Philips Respironics defendants designed, assembled, manufactured, distributed, sold, supplied, and placed into the stream of commerce ventilators, including the Trilogy Evo ventilator that were defective. Under normal and expected use, the Philips Respironics defendants’ ventilators, including the Trilogy Evo ventilator, permit dirt and dust to enter the air path of the device. The dirt and dust in the air path of the device block air vents and cause the ventilators, including the Trilogy Evo ventilator, to stop delivering the correct amount of air to the patient. The failure of the ventilators, including the Trilogy Evo ventilator, to provide the correct amount of air to the patient results in patients, including Julianna, being deprived of oxygen. The Philips Respironics defendants discovered this defect in its ventilators, including the Trilogy Evo ventilator.”
The suit continues that on May 1 of this year, the Philips Respironics defendants recalled 73,000 of its ventilators, including all Trilogy Evo ventilators and specifically, the Trilogy Evo ventilator. As of May of 2023, the Philips Respironics defendants received 542 reports of ventilators failing to provide oxygen to patients due to dirt and dust buildup in the airway, including two cases of injuries and one case of death.
“As of May of 2023, the Food and Drug Administration (FDA) identified the Philips Respironics defendants recall as a ‘Class I recall’ which is the most serious type of recall and involves devices that may cause serious injury or death. Before November of 2021, the Trilogy Evo ventilator was provided to Julianna to allow her to breathe while she slept at night. On Nov. 25, 2021, the Trilogy Evo ventilator failed and stopped working properly, failing to, among other things, provide adequate oxygen, accurately monitor oxygen levels for the child, sound an alarm and/or warn caretakers when oxygen levels were dangerously low and/or failed to work altogether. The Philips Respironics defendants designed, marketed, manufactured, distributed, and sold the Trilogy Evo ventilator which failed to provide enough oxygen to a five-year-old girl, who was dependent on the ventilator to breathe,” the suit says.
“As a direct and proximate result of the carelessness, negligence, strict liability and other liability-producing conduct of the Philips Respironics defendants, five-year-old Julianna was deprived of oxygen, suffocated, suffered and died. The death certificate of Julianna identifies her cause of death as: ‘Respiratory Arrest Due To Failure of Home Ventilator Machine.’ The conduct of the Philips Respironics defendants is outrageous, wanton and reckless. All defendants are jointly and severally liable for the injuries and damages alleged.”
For multiple counts of strict liability, negligence, survival, wrongful death and negligent infliction of emotional distress, the plaintiffs are seeking damages against each defendant in excess of $50,000 or in excess of the limits of arbitration in compensatory damages, punitive damages, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238, interest and allowable cost of suit.
The plaintiffs are represented by Robert J. Mongeluzzi, David L. Kwass and Benjamin J. Baer of Saltz Mongeluzzi Bendesky, in Philadelphia.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-013297
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com