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A pair of class action lawsuits allege that the maker of recently recalled CPAP machines, Koninklijke Philips and its associates, knew of the hazards of the device long before informing consumers.
Lead plaintiffs Gerry Shelton and Brenda Linette Griffin each filed class action lawsuits Tuesday in Massachusetts federal court seeking to represent consumers nationwide. They say that Philips knowingly exposed them and others to dangerous toxins present in sound muffling foam included in their CPAP and BiPAP machines.
Shelton and Griffin each say that they rely on Philips CPAP machines which were recently recalled due to potential risks of chemical exposure posed by noise-reducing foam in the devices.
CPAP and BiPAP machines are used to treat sleep apnea and other respiratory conditions. They work by blowing air into patients’ airways during sleep or while needed, explain the class action lawsuits. Without these machines, some patients may face severe and life-threatening injuries, including heart attack and stroke; however, on June 14, Philips recalled CPAP and BiPAP machines because of toxins discovered in the polyester-based polyurethane (PE-PUR) foam used for sound abatement.
The plaintiffs allege that despite the fact that patients use CPAP and BiPAP machines on a daily basis to cope with life-threatening conditions, Philips has announced “no concrete timeline for replacing or repairing” the recalled devices.
“Patients use the Recalled Breathing Machines every day but, absent this litigation, Philips had no plan to replace any of the affected devices now or in the future,” claim the plaintiffs in the lawsuit.
Further, the class action lawsuits contend that Philips knew about the toxins contaminating the PE-PUR foam used in the CPAP and BiPAP machines long before the company issued the recall.
“Patients who use the Recalled Breathing Machines have complained about black particles in their machines for several years,” state the lawsuits. “Philips, however, did not warn the public or its customers about these hazards until late April 2021 and did not recall the Recalled Breathing Machines until June 14, 2021.”
The plaintiffs also point out that the recall coincidentally, or not, coincides with the launch of Philip’s new line of CPAP and BiPAP machines.
“Philips timed its recall of the Recalled Breathing Machines to coincide with the launch of its next generation of products, which purportedly do not suffer from the same PE-PUR foam issues,” notes the class action lawsuits which allege Philips is attempting to enrich itself by forcing CPAP users to buy new devices.
Griffin and Shelton join an earlier Philips CPAP class action lawsuit accusing the manufacturer of negligence, breach of contract, breach of express warranty, breach of implied warranties, and breaches of various state consumer protection laws.
In addition to nationwide Classes of Philips CPAP users, Shelton seeks to represent a subclass of Oregon residents and Griffin seeks to represent a subclass of New Jersey residents.
Have you or a loved one been affected by the Philips CPAP recall? We want to hear from you! Tell us about your experience in the comment section below or click here to join this CPAP lawsuit investigation.
Plaintiff Shelton is represented by Jason M. Leviton of Block & Leviton LLP, and Shanon J. Carson, Dena Young, John Kerrigan, E. Michelle Drake, and John G. Albanese of Berger Montague PC.
Plaintiff Griffin is represented by Jason M. Leviton of Block & Leviton LLP, and Adam E. Polk, Tom Watts, and Makenna Cox of Girard Sharp LLP.
The Philips CPAP Class Action Lawsuits are Shelton v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11076 and Griffin v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11077 both in the U.S. District Court for the District of Massachusetts.
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25 thoughts onPhilips Knew of CPAP Problems Before Recall, Claim Class Action Lawsuits
I don’t know if the first one I wrote was delivered. I used their CPAP for about four years and then was told I needed to BiPAP because of a sleep study and I was having problems. BiPAP was replaced almost 2 years after I found out about the recall I’ve never been a smoker and don’t think I’ve been around any dangerous chemicals. I started having breathing problems in pressure in my chest in the last year, and with extensive testing was found out that I have COPD. I would like to be included in the class, action suit against Phillips!
I used their CPAP machine for about three or four years, and then through a sleep study was told I had to go to a BiPAP. I’ve been using that one for about 10 years. Once I found out about the recall, I did go to my provider And was told I had to sign up to get a replacement. It took a couple years before I could get a replacement. Since then, about two years later, I’ve been diagnosed with COPD. I never was a smoker, nor around anything that I could conclude could cause COPD. I would like to get in on a class action suit. I still have the Phillips BIPAP machine that caused the problem. I assume that the CPAP that use prior, was faulty as well. Period I have not returned it yet. Please let me know what I need to do to be included on your class action suit.
I used a Phillips CPAP machine for a few years and then found out about the recall. It took them over a year to replace my machine. I now have head and neck cancer and am wondering if there is a correlation
As a Sleep Apnea patient I used the Phillips CPAP Machine even though it was
not effective.
Please include me. They knew a out this and who knows as I get older if I come down with cancer. Had to fill out forms and call forever to get a replacement but don’t trust them