Background on the Issue
The Mexican government, described as bloated and authoritarian, has been absent where it matters most. It is not just a hostile apparatus towards its citizens but also possesses an incompetent structure, unable to fulfill its most basic responsibility: protecting public health and ensuring accountability. This has been evident in medication distribution and hospital care, but a new case highlights potential governmental responsibility. The recent revelation by Mexicans Against Corruption about the use of toxic Philips ventilators in at least 255 hospitals across the country is a prime example.
Toxic Philips Ventilators: A Detailed Look
These ventilators, model E30, contain an internal foam that degrades and releases harmful, inhalable particles. The effects can impact respiratory systems, liver, kidneys, and potentially pose cancer risks. This issue was identified in the United States in 2021, prompting a responsible administration to take action.
- FDA issued a Class I recall: The most severe type, mandating Philips to locate, remove or repair each defective unit.
- The U.S. government enforced a national mandatory removal program: Imposing strict monitoring and compensation conditions on Philips through a Consent Decree with the Department of Justice.
- Philips has already paid over $1.5 billion in legal agreements and remains under federal inspections.
In stark contrast, Mexico lacks a removal program, public alert from COFEPRIS, or formal demand from the Secretary of Health regarding these ventilators still in use in public hospitals.
Mexican Organizations’ Intervention
On June 11, Mexicans First published an investigation revealing that at least 255 hospitals in the health sector received these toxic ventilators during the pandemic, with the ventilators still in use.
Health Systems Care, Philips’ former distributor, filed a legal complaint in April 2024 with Mexican authorities alleging Philips’ failure to remove the damaged ventilators. Although this is a commercial dispute, it highlights that the Mexican state has not intervened to remove equipment from public hospitals or demand Philips repair or replace affected units for all consumers.
The contrast with the U.S. is embarrassing. There, structural intervention occurred: involvement from the state, courts, health agencies, consumer defense, and private lawsuits. In Mexico, there is no such action from any state institution.
Political and Ethical Failure
This situation is not a technical failure but a political and ethical lapse, reflecting the weakness of Mexican institutions. While Philips adheres to protocols, audits, and multimillion-dollar payments in the U.S., it gives interviews in Mexico claiming it’s not their responsibility.
Call for a Functional State
Mexico requires a functioning state, not one that evades responsibility. Claudia Sheinbaum, though the issue falls under her mentor’s jurisdiction, shares responsibility in ensuring a state that serves its people.
