CPAP Recap: Philips Recall ‘Most Serious,’ CPAP Class Action Lawsuits Mount

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Philips CPAP Recall Overview:

• Who: Millions of Philips CPAP, BiPAP, and ventilator users potentially exposed to toxic foam from recalled devices. 
• Why: The company issued a massive recall, deemed a Class 1 or most serious type of recall by the US Food and Drug Administration, after toxins were discovered in sound abatement foam found in the devices.  
• Where: Philips issued the recall in the United States and other countries. The company also faces a number of class action lawsuits from consumers across the nation.  

The Philips CPAP recall issued in recent weeks has been designated Class 1, or the most serious type of recall, according to an announcement this week by the Food and Drug Administration (FDA).  

Use of recalled Philips CPAP, BiPAP, and ventilator devices may cause serious injury or death, warned the agency. To date, there have been 61 incidents related to the use of recalled Philips devices, including 25 injuries, says the FDA.  

“The FDA will continue to monitor supply and demand to assess availability of the affected devices and any potential shortages,” said the agency’s announcement.  

At the same time, Philips CPAP class action lawsuits continue to mount against the company. 

Users of the expensive and life sustaining breathing devices say that Philip has given them few options. They can pay hundreds or even thousands of dollars to replace their recalled devices, continue to use the device and potentially inhale toxins, or they can go without, risking severe health consequences or even death.  

“There are a very large number of people who have these sleep machines,” a lawyer representing one of the plaintiffs in a CPAP class action lawsuit told Law360. “Philips is not offering a solution by either replacing or fixing these machines. When Philips doesn’t offer an interim fix, it’s leaving people out in the lurch.” 

Philips CPAP Recall Affects Millions Reliant on Breathing Assistance

In June, Philips recalled millions of its CPAP machines, ventilators, and other breathing devices – many used for sleep apnea – due to potential risks of chemical exposure posed by noise-reducing foam in the devices made from polyester-based polyurethane.  

Between three and four million of the Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices were subject to the recall.  

The company warned consumers to stop using the recalled BiPAP and CPAP machines because the foam was found to degrade into particles that could be inhaled by the user. Toxins in the foam have been linked to “headache, irritation, hypersensitivity, nausea/vomiting, and possible toxic and carcinogenic effects,” warned the recall notice. 

Flurry of Class Actions Question Motives Behind Philips CPAP Recall 

Multiple class action lawsuits have been lodged against Koninklijke Philips, the maker of the recalled CPAP devices, in recent weeks.  

Consumers contend that Philips knowingly exposed them and others to dangerous toxins present in sound muffling foam included in their CPAP and BiPAP machines.   

In addition, the plaintiffs allege that despite the fact that patients use BiPAP and CPAP machines on a daily basis to cope with life-threatening conditions, Philips has announced “no concrete timeline for replacing or repairing” the recalled devices.    

Several class action lawsuits point out that the timing of the CPAP mask recall coincides with the introduction of the next generation of devices by the company – forcing users to buy new Philips CPAP and BiPAP machines.   

Top Class Actions will continue to monitor the Philips CPAP machine recall and related class action lawsuits. Check back for updates!  

Do you use a recalled BiPAP and CPAP machine? We want to hear from you! Tell us about your situation in the comment section below or see if you qualify for a Philips CPAP machine recall lawsuit!  

Read About More Class Action Lawsuits & Class Action Settlements:

• Recall Check: Generac Portable Generators Recalled After Fingers Sliced Off
• RCPAP Recap: Consumers Launch Class Actions After Philips ‘Toxic’ BiPAP and CPAP Machines Recall
• Sleep Apnea Sufferers Sue Philips for Making Ventilator With ‘Carcinogenic’ Defect
• Philips Knew of CPAP Problems Before Recall, Claim Class Action Lawsuits