The Legal Examiner Affiliate Network The Legal Examiner The Legal Examiner The Legal Examiner search feed instagram google-plus avvo phone envelope checkmark mail-reply spinner error close
Skip to main content

Since Philips recalled millions of CPAP and Bi-Pap machines back in June 2021, several class-action lawsuits have been filed against the company, with plaintiffs seeking reimbursement costs for the machines. These cases are the first few in what is expected to be a large number of similar class-action claims, along with individual injury claims file by those believing their respiratory illnesses and other health problems to be related to the recalled devices.

Three Class-Action Lawsuits Filed Against Philips

Oregon Truck Driver Robbed of Required Sleep Equipment

On June 29, 2021, an Oregon professional truck driver filed a class-action lawsuit against Philips in the District of Massachusetts, claiming that after the recall, he was unable to use his Bi-PAP machine. He is required to treat his sleep apnea to be able to drive, and since Philips did not offer a replacement device, the recall caused him to lose work.

He also stated that he developed atrial fibrillation because he was no longer able to get sufficient sleep without the use of an appropriate device to help him breathe right. He filed the case on behalf of himself and all other citizens similarly situated in the nation and the state of Oregon.

Virginia Woman Forced to Buy a New CPAP Machine

On July 5, 2021, a Virginia woman filed a similar class-action lawsuit against Philips in the Western District of Pennsylvania. She purchased a Philips DreamStation CPAP machine about three years ago through the Comprehensive Sleep Care Center in Northern Virginia. She used the device every night at the advice of her doctor.

When Philips announced the recall of the DreamStation CPAP machines, the plaintiff consulted with her doctor. She has since had to order a new CPAP machine, which she will have to pay for out of her health insurance deductible. She is seeking reimbursement for the replacement, as well as all other appropriate damages, and wants to represent herself and others similarly situated in the nation and the state of Virginia.

Four Men from the Various States Left Without CPAP Machines

On July 9, 2021, four plaintiffs together filed a new class-action lawsuit against Philips in the District of Massachusetts. Two of the plaintiffs are from New York, one is from Illinois, and one is from Indiana. All of them were using the Philips DreamStation devices to treat health conditions before the recall, and all will now have to replace those machines at considerable cost.

They seek to represent others similarly situated throughout the nation and in the four respective states.

Three Class-Action Lawsuits Filed Against Philips

On June 30, 2021, the U.S. Food and Drug Administration (FDA) issued a safety communication warning doctors and patients of the Philips recall. The administration stated that the polyester-based polyurethane (PE-PUR) sound abatement form used in the devices could break down and potentially enter the device’s air pathway.

Should this occur, black debris from the foam or certain chemicals released into the air pathway could be inhaled or swallowed by patients using the devices. This could result in serious injuries that could be life-threatening, cause permanent impairment, and require medical intervention.

The plaintiffs in all of these cases claim that Philips knew about this foam problem long before implementing the recall. The company has received several complaints about the presence of black debris/particles within the device’s air pathway, as well as reports of headaches, upper airway irritation, cough, chest pressure, and sinus infection that could be related to this issue.

11 Comments

  1. Gravatar for David Berrong
    David Berrong

    I have all of the symptoms listed Since I stopped using the machine I am getting better at least in the short term.

  2. Gravatar for Bob L Sisco Jr
    Bob L Sisco Jr

    Kidney blood count dropped from 40 to 20 in Four months. while using this machine.

  3. Gravatar for Roger Douglass
    Roger Douglass

    I was diagnosed with lung cancer i have been using dreamstation for 6 ywars

  4. Gravatar for Amber Dtapley
    Amber Dtapley

    I am also experiencing several symptoms listed ...have been for over a year. Dr telling me it's my copd- need to use my machine more, maximum @ meds so who knows!? Who would think it must be my machine making this disease worse!? How can it be proven? Phillips knew exactly what they were doing by putting off this recall and knew EXACTLY that this foam had tested for potential carcinogenic effects and gasses way before June 2021. Who's going to hold them accountable for their lack of concern regarding millions of patients healthcare. We trusted them AND the FDA that the equipment they were selling was safe! How do you put a price on the lives millions of people and thier families? And Phillips still trying to pass along the responsibility of this.. AND .How many w/ covid were put on these death machines while they were already having breathing problems.. The idea that there have been no deaths due to this very bad decision to use this foam in a breathing device is ridiculous but how to Prove that in a court of Law?

  5. Gravatar for Tony Maurice
    Tony Maurice

    I believe also is suffering from same effect

  6. Gravatar for John Twiss-Garrity
    John Twiss-Garrity

    Been on Cpap for 6-8 years.

    I stopped Cpap in April because of recall.

    Pulumaooligist (last week) put me back on Philips Dreamstation again. Told me that I needed the Cpap , despite risk. My sleep studies have indicated it.

    Do I have a claim?

    No extra time today, unfortunately. Yes, rest of week.

    John Twiss-Garrity

  7. Gravatar for Charles g Miller
    Charles g Miller

    I was diagnosed with sleep apnea in approximately 2013 and began using the machines soon after. I have the REMstar Auto A-Flex. I used the machines (off and on) for 4 years, always feeling suffocated during use and the provider not able or not willing to fix the issue. Since I have been diagnosed with atrial fibrillation, copd, and other issues. I am now on 24/7 oxygen and not getting better.

  8. Gravatar for Clarence A Griffin II
    Clarence A Griffin II

    I have experienced just about all of the adverse clinical experiences related to the use of my Philips Dream Station CPAP medical device. I started using this device in late 2019 and by August 2020 I was dealing with the majority of the physical problems reported in the medical device recall letter that I received form Philips. I will be discussing all of this with my doctor at Raleigh Neurology and my primary car doctor!

  9. Gravatar for Katrina
    Katrina

    Started with DreamStation in 2016. Diagnosed with stage 3 kidney cancer in 2021. The tumor had been growing for at least 4 years according to my doctor. Kidney removed in March and I’m on chemo. I’m sooooo mad right now.

  10. Gravatar for Gary Voss
    Gary Voss

    I developed a terrible sinus problem and chest congestion over the past few years. It got to the point that I elected to have sinus surgery to clear up my nose, congestion and hopefully my cough. Needless to say that did not work in fact it progressively got worse. In fact I lost all of my sense of taste and smell.

    Recently I made an appointment with my DR. to discuss my BIPAP. This was a virtual visit and she initially said that I didn’t sound very good. After explaining my struggles she asked if I was aware that my Res Med (Phillips) machine had been recalled. She informed me that the that the units had been recalled for some time and she thought I should have received notification sooner. After explaining my troubles she said that I should immediately stop the use of my BIPAP machine as she is concerned it might have a direct impact on my current struggles. I contacted Phillips and confirmed my machine is on the recall but they had no idea how long it would take to get a replacement. I am struggling to sleep at night without the use of my BIPAP machine however I seem to be getting a little of my smell and taste back. As for my congestion in my nose and chest I am still struggling.

    I am wondering how I can sign up for the class action lawsuit and am also wondering if there has been any investigation into adding the so clean machine to the list of attributers to my failing health problems?

    I have seen others are having very similar issues and as someone else has said “No one can answer why

Comments for this article are closed, but you may still contact the author privately.