Philips argued in court that its U.S. subsidiary should be responsible for damages caused by its CPAP machines and ventilators. Patients’ attorneys say safety decisions were made at the Dutch company’s highest levels.

After tests showed that breathing machines made by Philips Respironics could spew dangerous particles and fumes into the lungs of patients, the company in April 2021 decided to stop shipping the devices from its factories near Pittsburgh.

Philips notified the Food and Drug Administration and said it was considering a recall.

But for the distributors of the devices, the company had another message: Keep selling them.