Philips Faces Another Class Action Lawsuit Over Toxic Foam In CPAP, Bi-Level Pap Machines

Philips CPAP Class Action Lawsuit Overview: 

• Who: A group of eight plaintiffs led by Mark Foster filed a class action lawsuit against Philips North America LLC. 
• Why: Plaintiffs claim Philips failed to disclose to consumers that its breathing devices contained sound abatement foam prone to degrading or off-gassing.
• Where: The class action lawsuit was filed in Pennsylvania federal court.

Philips North America LLC is facing more accusations surrounding its manufacturing of Continuous Positive Airway Pressure (CPAP), Bi-level Positive Airway Pressure (Bi-Level Pap) and Mechanical Ventilator devices containing polyester-based polyurethane sound abatement foam prone to degrading or off-gassing. 

Plaintiff Mark Foster leads a group of eight claimants arguing Philips failed to disclose the risks associated with the devices to consumers before they bought and used them.

Foster and his co-plaintiffs want to represent a nationwide class of consumers who purchased, leased or used a Philips CPAP, Bi-Level Pap or Mechanical Ventilator device, along with subclasses from Alabama, California, Florida, Illinois, Iowa, Louisiana and New York. 

The class action lawsuit joins dozens which have already been filed against Philips in response to the issue. 

Philips Allegedly Received Complaints For Years Before Recalling The Devices

Plaintiffs say Philips publicly disclosed the risks associated with sound abatement foam in its devices in April, before finally issuing a recall for millions of the devices in June. 

In its recall notice, Philips acknowledged the issue with the devices “can result in serious injury which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment,” according to the class action lawsuit. 

Plaintiffs claim Philips had received complaints from consumers about the issue for years prior to the company finally recalling the devices. 

“At a minimum, as a result of user reports, Defendants were aware of the off-gassing and degradation of the PE-PUR Foam used in the Recalled Devices at some point prior to the recall, yet continued to manufacture and sell the Recalled Devices with such awareness,” states the class action lawsuit. 

Further, plaintiffs claim the devices were sold with a warranty promising that they were “free from defects of workmanship and materials,” which he argues turned out to be “false,” “misleading” and “unlawful.” 

Plaintiffs claim Philips committed a number of violations, including multiple state consumer fraud and deceptive trade practices acts, as well as New York General Business Law, among other things. 

Plaintiffs are demanding a jury trial and requesting declaratory relief along with appropriate damages and medical monitoring damages for themselves and all class members. 

Do you use a recalled BiPAP and CPAP machine? You may qualify for a Philips CPAP machine recall lawsuit! 

The plaintiffs are represented by Sandra L. Duggan, Arnold Levin, Laurence S. Berman and Frederick S. Longer of Levin Sedran Berman LLP; Jeffrey A. Barrack and Stephen Basser of Barrack, Rodos & Bacine; and John G. Emerson of Emerson Firm, PLLC. 

The Philips CPAP Class Action Lawsuit is Foster, et al. v. Koninklijke Philips N.V., et al., Case No. 2:21-cv-01820, in the U.S. District Court for the Western District of Pennsylvania.

Read About More Class Action Lawsuits & Class Action Settlements:

• Sleep Apnea Sufferers Sue Philips for Making Ventilator With ‘Carcinogenic’ Defect
• Philips Knew of CPAP Problems Before Recall, Claim Class Action Lawsuits
• Do You Qualify: Philips CPAP Machine Recall Lawsuit Investigation
• Philips Endangered Consumers With Its Sleep and Respiratory Care Devices, Class Action Alleges