Consumers Traumatized Over Recalled, Cancer-Causing Philips Breathing Devices, Says Class Action

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Philips CPAP Class Action Lawsuit Overview: 

• Who: Robert Scheibel filed a class action lawsuit against Philips North America LLC. 
• Why: Scheibel alleges Philips violated the Kansas Consumer Protection Act by selling CPAP and Bi-Level PAP machines it had to recall after finding they could cause cancer.
• Where: The class action lawsuit was filed in Kansas federal court.

Consumers fear for their health following a voluntary recall of Philips North America’s positive airway pressure (CPAP) and bi-level positive airway pressure (Bi-Level PAP) devices, a new class action lawsuit alleges.

Philips recalled millions of its continuous positive airway pressure (CPAP) machines in June, after discovering defective foam insulation posed a significant health risk to consumers. 

The CPAP machines, along with Philips’ Bi-Level PAP devices, were recalled after the company discovered that polyester-based polyurethane sound abatement foam (PE-PUR foam) used in the machines could degrade or off-gas under certain conditions.

The recall left physicians and consumers confused and added on to a supply shortage for breathing devices which was already being exacerbated by the COVID-19 pandemic.

Plaintiff Robert Scheibel has now filed a class action lawsuit against Philips, alleging that, since being notified of the recall, he has been experiencing anxiety about the serious health risks he may now be facing. 

Scheibel wants to represent a Class of current and former Kansas citizens who purchased or used a Philips CPAP,  Bi-Level PAP, or mechanical ventilator device manufactured before April 26, 2021 and recalled by the company on June 14, 2021. 

The plaintiff claims he purchased Philips Respironics DreamStation device that he would end up using on a nightly basis from December 2017 to August 2021. 

Phillips Recalled CPAP Machines over PE-PUR Foam Concerns in June

Phillips issued the recall after it determined that PE-PUR foam built into the devices could off-gas certain chemicals during operation, or degrade into particles that could get into the machine’s pathway and be inhaled or ingested by users, according to the class action lawsuit. 

Inhaling or otherwise being exposed to the faulty PE-PUR foam could lead to serious injury, cause permanent impairment, or even be life threatening, Philips revealed in its recall notice, according to Scheibel. 

Prior to the recall, Philips had received complaints about the presence of black debris located in the devices airpath circuit, as well as reports of headaches, cough, chest pressure, upper airway irritation, and sinus infections from users, according to the class action lawsuit. 

Philips, in its recall, expanded on the health dangers associated with PE-PUR foam exposure, including that it was carcinogenic and could damage a users’ organs, Scheibel said.

Scheilbel alleges Philips is guilty of breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, negligent misrepresentation, and unfair and deceptive business practices that violate the Kansas Consumer Protection Act. 

The plaintiff is demanding a jury trial and requesting relief in the form of all appropriate damages, including medical monitoring, for himself and all Class Members. 

Have you used a Philips CPAP or Bi-Level PAP breathing device and been diagnosed with cancer or had other health problems arise? Let us know in the comments! 

The plaintiff is represented by Ruth Anne French-Hodson, and Rex A. Sharp, KS of Sharp Law, LLP, Patrick W. Pendley and Andrea L. Barient of Pendley, Baudin & Coffin, L.L.P, and John M. Deakle, Russell L. Johnson, and Rome V. Johnson of Deakle-Johnson Law Firm P.L.L.C.

The Philips CPAP Class Action Lawsuit is Scheibel v. Koninklijke Philips N.V., et al., Case No. 2:21-cv-02405, in the U.S. District Court for the District of Kansas.

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