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A machine that helped people with sleep apnea breathe also had a defect that allowed users to inhale a potentially cancer-causing foam, two new class action lawsuits allege.
On Friday, Philips, a company that makes continuous positive airway pressure (CPAP) machines, was hit with two more class action lawsuits alleging it violated multiple state and federal laws by selling products with a dangerous defect.
Plaintiff Diana Ramirez filed one of the complaints, and Plaintiffs Matthew Hufnus, Christopher Ludgate, Tony Shapiro-Bey and Stephen B. Smith filed the other, both in a Massachusetts federal court.
The CPAP class action lawsuits come just weeks after Philips issued a recall on the machines June 14.
The recall was issued due to a product defect which caused internal “sound abatement foam” within specific Philips’ devices to break off, enter the device’s air pathway and be ingested or inhaled by the user, Ramirez says.
Philips told consumers the foam may off-gas certain chemicals including volatile organic compounds that may be carcinogenic, and could result in “serious injury which can be life-threatening or cause permanent impairment.”
Despite the serious risks, Ramirez alleges Philips slept on the issues, putting consumers in danger.
“Philips knew about the Defect, including the hazardous implications to the health of those who use the Affected Products for several years,” she says.
“Despite its knowledge, Philips failed to warn the public or its customers until late April 2021, and did not recall the Affected Products until June 14, 2021.”
She’s suing under strict liability for failure to warn and defective design, negligence, unjust enrichment, breach of warranty, plus violations of California consumer laws. Ramirez is looking to represent all United States consumers who used the defective product, plus a California Subclass.
She’s seeking damages of more than $5 million, restitution, fees, costs and a jury trial.
Plaintiffs in the other class action complaint filed against Koninklijke Philips N.V., Philips North America LLC, and Philips RS North America are also seeking damages of more than $5 million.
They say Philips’ respirator devices typically cost several hundred, if not thousands of dollars, and that the company has sold millions of them in the United States.
They’re also looking to represent anyone in the United States who bought one of the devices, plus Subclasses from Illinois, Indiana, Maryland, Massachusetts and New York.
They’re suing for breach of warranty, fraudulent misrepresentation, fraud and state consumer laws.
This is not the first class action lawsuit filed against Philips for the defect. Last month, another complaint alleged that Philips endangered its consumers, sold worthless devices, and unreasonably delayed a recall.
Did you use one of the Philips products? Let us know in the comments or click here to join a CPAP class action lawsuit investigation!
Ramirez is represented by Randi Kassan, Mitchell Breit and Blake Hunter Yagman of Milberg Coleman Bryson. The other plaintiffs are represented by Silver Golub & Teitell LLP and Scott+Scott Attorneys at Law LLP.
The Philips Sleep Apnea Class Action Lawsuits are Ramirez et al., v. Philips North America et al., Case No. 1:21-cv-11132-DJC, in the U.S. District Court District of Massachusetts; and Hufnus et al., v. Philips North America et al., Case No. 1:21-cv-11130, in the U.S. District Court District of Massachusetts.
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12 thoughts onSleep Apnea Sufferers Sue Philips for Making Ventilator With ‘Carcinogenic’ Defect
Mi máquina presenta defectos y me siento mal mi salud a empeorado desde su uso