Philips CPAP And Respiratory Device Class Action
UPDATE SEPTEMBER 15, 2021
This CPAP action seeks to represent class members who purchased and used one of the recalled Philips CPAP or BIPAP machines. We are seeking a full refund or replacement unit for all class members; in addition we are seeking damages for pain and suffering caused by adverse health issues, injuries caused by the direct use of these machines as well as damages for the health care costs incurred as a result. We anticipate there are over 100,000 Canadians who use or have used a Philips CPAP or BIPAP machine. Any person in Canada who used one of the recalled Philips machines is automatically a class member.
Since we launched this action, we have been contacted by many people who have asked for our advice on what to do. If you are using the device for medical reasons, you should first consult your physician and follow their advice.
We cannot provide medical advice. We understand that each individual must make his or her own decision about whether to replace the unit with another model, wait for Philips to repair or replace the model, or continue using their existing model. This decision should be based on what is appropriate in your individual circumstance, including any medical advice received.
We understand that this is a difficult decision. We are aware of these concerns and will factor them into our approach in the lawsuit.
On September 1, Philips announced its plans to repair or replace the recalled devices. Philips has advised that it will repair or replace affected units in Canada and other jurisdictions but has not yet provided a firm timeline to do so.
For customers in the United States, Philips has begun either removing the toxic PE-PUR foam or replacing older models with their DreamStation 2. However, this is happening relatively slowly: Philips has advised that this process will take roughly 12 months.
For full details, see their press statement here.
Unfortunately, lawsuits take time, and it is not likely that any resolution will be achieved in the near future. If you have not already signed up for this class action and would like to receive future updates, please complete the brief questionnaire below.
JUNE 25, 2021
Thomson Rogers, Rice Harbut Elliott LLP, and Sotos LLP are working together on a national class action on behalf of all persons in Canada who used a Philips CPAP machine, BiPAP machine, or mechanical ventilator which are currently subject to a recall by the company (please see below for a complete list of the affected devices).
On June 14, 2021, Philips Respironics issued a recall notice in the US for 17 models of its respiratory devices, and Health Canada recalled an additional 35 models in Canada. All of these models were manufactured with a polyester-based polyurethane sound abatement foam, exposure to which can cause cancer, respiratory damage, asthma, nausea, vomiting, headache, and possibly other harm.
The plaintiffs, John Morel and Korinn Gray, were diagnosed with sleep apnea and purchased Philips CPAP machines. They were each horrified to hear that the devices they relied on to keep them healthy were actually blowing toxic chemicals into their bodies. Hundreds of class members have shared similar stories since the problem came to light.
The plaintiffs allege that Philips negligently designed and manufactured the respiratory devices, that it knew that the products were dangerous, and that it failed to warn users of the health risks associated with use of the respiratory devices, instead assuring users that they were safe.
If you believe you use(d) one of the recalled devices, please complete the Consultation Form below. Also, if you have other members of your family who used the recalled CPAPs, please have them fill in a separate questionnaire.
PHILIPS CLASS ACTION CONSULTATION FORM
List of recalled devices:
· REMSTAR AUTO WITH SD CARD, A-FLEX, CANADA
· REMSTAR AUTO WITH HUMIDIFIER, WITH SD CARD, A-FLEX, CANADA
· RESTAR PLUS WITH SD CARD, C-FLEX, CANADA
· RESTAR PLUS WITH HUMIDIFIER, WITH SD CARD, C-FLEX, CANADA
· RESTAR PRO WITH SD CARD, C-FLEX +, CANADA
· RESTAR PRO WITH HUMIDIFIER, WITH SD CARD, C-FLEX +, CANADA
· BIPAP AUTO BI-FLEX, WITH HUMIIFIER, WITH SMARTCARD, CANADA
· BIPAP AUTO BI-FLEX, WITH SMARTCARD, CANADA
· BIPAP PRO BI-FLEX, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
· BIPAP PRO BI-FLEX, WITH SMARTCARD, CANADA
· RESTART, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
· RESTAR, WITH SMARTCARD, CANADA
· BIPAP AVAPS, C SERIES VENTILATORY SUPPORT SYSTEM-DOMESTIC
· BIPAP AVAPS, C SERIES VENTILAROTY SUPPORT SYSTEM-CORE PKG, DOMESTIC
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CANADA
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CORE PKG,DOMESTIC
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM, CORE PKG, CANADA
· OMNILAB ADVANCED, DOMESTIC
· OMNILAB ADVANCED, DOMESTIC CORE
· BIPAP AUTOSV ADVANCED SYSTEM ONE
· DREAMSTATION CPAP
· DREAMSTATION AUTO BIPAP
· DREAMSTATIN BIPAP PRO
· DREAMSTATION CPAP PRO
· DREAMSTATION AUTO CPAP
· DREAMSTATION BIPAP AUTOSV, CA
· DREAMSTATION BIPAP AUTOSV, W/HUMIDIFIER, CA
· DREAMSTATION BIPAP AUTO SV W/HUMID/HEATED TUBE, CA
· BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CANADA
· BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CORE PKG, CANADA
· DREAMSTATION GO CPAP
· DREAMSTATION GO AUTO CPAP
· DREAMSTATION EXPERT
· DREAMSTATION GO CPAP WITH HUMIDIFIER, CANADA
· DREAMSTATION GO AUTO CPAP WITH HUMIDIFIER, CANADA