CPAP User Claims Philips Should Have Known Defect Posed Danger To Patients

Philips CPAP Class Action Lawsuit Overview: 

• Who: Robert Pittman filed a class action lawsuit against Philips North America LLC.
• Why: Pittman claims Philips should have known well before recalling its CPAP, BiPAP and ventilator machines that they contained sound abatement foam prone to degrading and off-gassing dangerous chemicals.
• Where: The class action lawsuit was filed in Montana federal court.

Philips North America is facing another class action lawsuit over the polyester-based polyurethane sound abatement foam used in its Continuous Positive Airway Pressure (CPAP), Bilevel Positive Airway Pressure (BiPAP) and ventilator machines. 

Plaintiff Robert Pittman is the latest consumer to claim Philips’ should have known the sound abatement foam was prone to degrade and break down or “off-gas” carcinogenic chemicals. The company issued a recall for its CPAP and BiPAP machines in June 2021 due to the issue.

Prior to recalling the devices, Philips received complaints from consumers who noticed black debris and particles in the devices’ air pathway and reports of patients suffering from ailments such as cough, chest pressure, headaches, sinus infections and headaches, according to the class action lawsuit. 

“Nevertheless, Philips delayed warning the public and vulnerable patients about the danger the Recalled Devices pose,” the class action lawsuit states. 

Pittman claims Philips has no plan in place to replace or repair the devices in a timely manner despite the fact that most patients have to use them every day. 

Patients Forced To Choose Between Using Philips Devices, Developing Sleep Apnea Symptoms 

“In the meantime, patients are left to wrestle with impossible choices. If a patient continues to use their Recalled Device, they mitigate against sleep apnea symptoms but risk further effects of PE-PUR degradation and carcinogenic off-gassing,” the class action lawsuit states. 

Pittman claims that, if a patient decides to stop using the device, they are left to risk developing sleep apnea symptoms which include stroke, heart attack and death. 

Further, Pittman claims the timing of Philips’ recall was done intentionally so as to coincide with the release of its new line of products which he claims do not suffer from the sound abatement foam issue. 

“Thus, whenever Philips fulfills its promise to replace the Recalled Devices, it will enjoy further profits when patients pay for the replacements,” the class action lawsuit states. 

Pittman claims Philips is guilty of fraudulent misrepresentation, fraud by omission and unjust enrichment, among other things, and in violation of Montana’s Consumer Protection Act. 

Pittman wants to represent a Montana class of consumers who purchased a recalled Philips device for personal use. 

Plaintiff is demanding a jury trial and requesting declaratory relief along with an award of appropriate and medical monitoring damages for himself and all class members. 

In November, consumers who filed complaints against Philips opposed the company recalling its devices, arguing it was destroying evidence. 

If you used one of the recalled Philips ventilator or CPAP machines and have been diagnosed with cancer or a lung injury, you may be eligible to join a free lawsuit investigation to seek compensation for your medical expenses, lost wages and other damages.

The plaintiff is represented by John L. Amsden and Sydney E. Best of Beck Amsden & Stalpes, PLLC, and Patrick W. Pendley of Pendley, Baudin & Coffin, L.L.P. 

The Philips CPAP Class Action Lawsuit is Pittman v. Koninklijke Philips N.V., et al., Case No. 2:22-cv-00012, in the U.S. District Court for the District of Montana.

Read About More Class Action Lawsuits & Class Action Settlements:

• Dozens of Philips CPAP Lawsuits Suing for ‘Toxic’ Sleep Apnea Devices Consolidated, Sent to Federal Court
• SoClean Lawsuit Allege Toxins in CPAP Cleaning Devices, Class Actions Mount
• Class Action Lawsuits Continue To Mount Against Philips Over Breathing Device Recalls
• Philips CPAP Equipment and SoClean CPAP Sanitizer Accused of Exposing Customers to Dangerous Toxins in New Class Action