Philips Endangered Consumers With Its Sleep and Respiratory Care Devices, Class Action Alleges

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Philips sleep and respiratory care devices contain chemicals that put users at risk of carcinogenic effects, inflammation, irritation, and more, a new class action lawsuit alleges.

The Philips class action lawsuit was filed in Massachusetts on June 17 by lead Plaintiff Nick Manna, who alleges Philips endangered its consumers, sold worthless devices, and unreasonably delayed a recall.

According to the class action lawsuit, Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices all contain polyester-based polyurethane sound abatement foam which can degrade and release toxins into users’ airways.

A recall notice for the devices said that they could cause skin, eye, and respiratory tract irritation, an inflammatory response, headaches, asthma, adverse effects to other organs (e.g. kidneys and liver), and toxic carcinogenic effects.

“Philips further noted that it had received specific complaints from Recalled Devices users as suffering from ‘headache[s], upper airway irritation, cough, chest pressure and sinus infection’,” the Philips class action lawsuit states.

Manna, who owns a Philips DreamStation CPAP, was informed by his physician in June that his CPAP device was subject to a recall due to the presence of the sound abatement foam that could cause him to suffer from adverse health effects, including cancer, the class action lawsuit says.

“Plaintiff Manna must now incur substantial expenses to replace the device,” the class action lawsuit says.

In the June 14 recall, Philips noted that sound abatement foam used was at risk for degradation into particles which may enter the device’s pathway and be ingested or inhaled by users of the affected devices.

The CPAP and BiPAP devices are common nonsurgical treatments primarily used to treat sleep apnea, that involve the use of a nasal or facemask device to maintain air pressure in an individual’s airway. Philips’ CPAP and BiPAP respirator devices typically cost several hundred, if not thousands of dollars, and between three and four million of the devices have been recalled due to the toxic sound abatement foam.

“Individuals not using life-supporting ventilators must discontinue their use of the Recalled Devices or face health risks as grave as cancer. If they choose to discontinue use they must either pay for another expensive device in order to receive effective treatment,” the Philips class action states.

Manna wants to represent a nationwide Class of consumers who own one of the recalled devices, and also Connecticut, Massachusetts, and Pennsylvania subclasses. He is suing for negligence, breach of contract, breach of express warranty, breach of implied warranties, and breaches of various state consumer protection laws, and seeks certification of the class, injunctive relief, damages, interest, legal fees, and a jury trial.

Have you ever used a CPAP or BiPAP device? Did you notice any sound abatement foam in your device? Let us know in the comments section or see if you qualify to join this CPAP lawsuit investigation!

Manna is represented by Sean K. McElligott, Richard A. Silver, Steven L. Bloch, Ian W. Sloss, Zachary A. Rynar of Silver Golub & Teitell LLP.

The Philips Sleep Apnea Device Class Action Lawsuit is Manna v. Koninkelijke Philips N.V., et al., Case No. 1:21-cv-11017, in the U.S. District Court of Massachusetts.

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