Purchasers of Recalled Breathing Machines, Including Certain DreamStation CPAP Devices, File Class Action Lawsuit Complaint Against Philips Over Potential Health Risks of Polyester-Based Polyurethane PE-PUR Foam.
On June 29, 2021, a class action lawsuit complaint was reportedly filed against Koninklijke Philips N.V., Philips North America LLC, and Philips RS North America LLC (collectively “Philips”) in the United States District Court for the District of Massachusetts (styled Gerry Shelton v. Koninklijke Philips N.V., Philips North America LLC, and Philips RS North America LLC, Class Action Case No. 1:21-cv-11076) alleging, among other things, that Defendants manufacture and sell devices to help people breath, such as Continuous Positive Airway Pressure (“CPAP”) and Bi-level Positive Airway Pressure (“BiPAP”) machines and mechanical ventilators, that contain polyester-based polyurethane (“PE-PUR”) foam for sound abatement that may degrade into particles that can enter the device’s air pathway and be ingested or inhaled by the user, and that may off-gas certain chemicals or emit volatile organic compounds (“VOCs”) including Dimethyl Diazine and Phenol, 2,6-bis (1,1-dimethylethyl)-4-(1-methylpropyl)-.
According to the Philips CPAP, BiPAP & Ventilator machine class action lawsuit complaint, the potential safety hazard of the polyester-based polyurethane PE-PUR foam degradation could possibly result in “serious injury which can be life-threatening or cause permanent impairment or require medical intervention to preclude permanent impairment.”
Who Is Included In The Proposed Philips CPAP, BiPAP & Ventilator Class Action Lawsuit?
The Philips CPAP lawsuit is reportedly brought on behalf of the following putative class members:
All persons in the United States who have purchased a Recalled Breathing Machine for personal use.
The Philips CPAP class action lawsuit case is also reportedly brought on behalf of an Oregon class consisting of “All persons in Oregon who have purchased a Recalled Breathing Machine for personal use.
According to the Philips C-PAP lawsuit complaint, the Recalled Breathing Machines include the following:
- E30
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
- C Series ASV, S/T, AVAPs
- OmniLab Advanced Plus
- SystemOne (Q Series)
- DreamStationCPAP, Auto CPAP, BiPAP
- DreamStation Go CPAP, APAP
- Dorma 400, 500 CPAP
- REMStar SE Auto CPAP
- Trilogy 100 and 200
- Garbin Plus, Aeris, LifeVent
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
What Claims Are Alleged In The Philips CPAP, BiPAP & Ventilator Class Action Lawsuit?
The Philips CPAP, BiPAP and Ventilator Machine class action lawsuit complaint reportedly brings nine causes of action, including (1) a claim for alleged Strict Liability-Failure to Warn; (2) a claim for Design Defect Strict Liability; (3) a claim for Negligent Failure to Warn; (4) a claim for Negligent Design Defect; (5) a claim for Negligent Recall; (6) a claim for Breach of Express Warranty; (7) a claim for Breach of the Implied Warranty of Merchantability; (8) a claim for alleged violation of the Oregon Unlawful Trade Practices Law; and (9) a claim for Unjust Enrichment.
What Remedy Is The Proposed Class Seeking In The Philips CPAP, BiPAP & Ventilator Machine Class Action Lawsuit?
The plaintiff and the proposed class members in the Philips CPAP, BiPAP & Ventilator Machine class action lawsuit reportedly have requested that the Court, among other things, (A) determine that the claims alleged may be maintained as a class action under Rule 23(a), (b)(2), and/or (b)(3) of the Federal Rules of Civil Procedureon behalf of the Nationwide Class and Oregon Class and designate Plaintiff as the class representative, and Plaintiff’s counsel as Class Counsel; (B) award equitable and injunctive relief, including requiring Defendants to institute a medical monitoring program for Plaintiff and Class members, restitution, and disgorgement of profits; (C) award actual, general, special, incidental, punitive, and consequential damages; (D) award pre-judgment and post-judgment interest; and (E) award reasonable attorneys’ fees and costs.
I used a cpap ventilator and it didn;t work properly.
I have this machine and all the accessories that goes with it. I’ve had problems using it from the beginning.
I have this machine and all the accessories that goes with it. I’ve had problems using it from the beginning. It never worked right it wakes me up because I be choking gasping for breath.
I used a cpap-bipap-ventilator and it did not work properly.
this machine has made me sick. cannot get anyone to help
I havae a CPAP machine & it never worked properly. I have RA & it’s really hard to open teh water chamber & close it properly as well.
I have a CPAP machine & it never worked properly. I have RA & it’s really hard to open the water chamber & close it properly as well.
My husband was using the C-PAP machine and developed throat cancer he used the C-PAP and passed away July 23,2009, I wish I knew about this sooner. Hoping some thing good comes out of this.
My husband used the C-PAP machine and developed throat cancer. He passed away while using the C-PAP july 23, 2009. I wish I knew about this sooner and hope something good comes out of this. J Dorney
I have a Phillips CPAP and they sent me a recall letter a long time ago and they have never sent me a new CPAP Machine. Mid-state supply is the provider. they still send the overpriced peripherals.
I have this & attachments & I never thought it worked right from day 1.