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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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29 thoughts onConsumers Traumatized Over Recalled, Cancer-Causing Philips Breathing Devices, Says Class Action
Wake up with really bad headaches, sinus & congestion. Please add me
Very upset. I developed both heart palpitations and a seizure disorder that is not epilepsy in 2019. My neurologist was scratching his head trying to figure out where the heck it came from because it’s something that usually develops with children. If I find out it’s all from this C-Pap machine I’m going to be so livid. This is a permanent issue I now have!
Please include me. I used the Phillips Cpap dream station from 2016 and stopped using it 2021 after I heard of the recall. I have a dry cough, headaches, sinus congestion and wake up with pressure on my chest.
My cpap machine model was also recalled after 10 years of use. I’ve recently developed stomach issues causing diarhea and have had a colonoscopy but am also getting an upper G.I. check as well. Please add me to the lawsuit.
I am reading thru some comments other left. I mention to my doctor once before that I felt I was coughing more than usual since I started back to using my machine. I hated using it in the 1st place but once I started and my husband said he could finally sleep I got used to using it. Now I am left with nothing to help me or him to sleep. I had come to rely on it and now I just left waiting. I am told by my insurance company that it could be another year. I am hoping to switch my CPAP to another brand but they are on back order as well due to everyone else needing one.
While Fortunately I have not been diagnosed with anything serious (yet), I am concerned as to what could happen in the future. I wake up with headaches and wonder if this could be connected.
Please add me
I have been using the phillips dreamstation auto since february 2021 and have been getting headaches. Do i still use it as it helps me breathe as i snore quite badly and stop breathing while sleeping.
Yes, I always felt something was wrong.
Please add me
Very upset. I developed both heart palpitations and a seizure disorder that is not epilepsy in 2019. My neurologist was scratching his head trying to figure out where the heck it came from because it’s something that usually develops with children. If I find out it’s all from this C-Pap machine I’m going to be so livid. This is a permanent issue I now have!
I have been using Philips cpap for at least 10 years and have developed numerous health issues including dry cough, lack of sleep, headaches, skin lesions and mental fatigue. Please add me to the class action.