Berger Montague Files Class Action Lawsuit Against Philips on Behalf of Consumers Who Purchased Philips’ Recalled CPAP, BiPAP, and other Sleep Apnea Machines and Ventilators
PHILADELPHIA, June 30, 2021 / PRNewswire / – National plaintiffs ‘law firm Berger Montague has filed a class action lawsuit against Dutch medical device maker Philips to protect consumers harmed by Philips’ recalled sleep apnea devices, including CPAP and BiPAP machines, and ventilators, which could increase the number of users’ risk of cancer and pulmonary fibrosis and cause other injuries such as headache, irritation, inflammation, respiratory disease and exposure to materials with toxic and carcinogenic effects. The case is Shelton v. Koninklijke Philips NV, et al., No. 1: 21-cv-11076 (D. Mass.).
On June 14, 2021, Philips announced a recall of many of its Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) devices used to treat sleep apnea and ventilators that treat respiratory failure. The recalled products contain polyurethane foam (PE-PUR) based on polyester for sound insulation. It has now been discovered that the PE-PUR foam can break down and be inhaled or swallowed and can release volatile organic compounds (VOCs), which can lead to harmful effects on organs and even cancer. In a note to doctors, Philips stated that these hazards could lead to “serious injury that could be life-threatening or cause permanent impairment”. In particular, Philips stated that “it has received reports of possible effects of the foam on the patient. Potential risks from particle exposure include headache, irritation, inflammation, breathing problems, and possible toxic and carcinogenic effects. The potential risks of chemical exposure from the gas emissions include headache, irritation, hypersensitivity, nausea / vomiting, and possible toxic and carcinogenic effects. “
Sleep apnea is a sleep disorder in which breathing is temporarily disturbed while you sleep. Breathing may stop or become very shallow. This can be associated with tiredness, daytime sleepiness, interrupted sleep or snoring, among other things. Severe cases can lead to high blood pressure, heart attack or stroke, among other things. CPAP therapy is a common treatment for sleep apnea. In CPAP therapy, a device supplies a flow of air through a mask over the nose or mouth, which increases the air pressure in the throat so that the airways do not collapse when you breathe in. CPAP therapy supports breathing during sleep and can successfully treat sleep apnea.
Philips’ flagship line of CPAP / BiPAP machines is known as the “DreamStation” family line, which includes the original DreamStation that was launched in October 2015, and the DreamStation Go (a travel version). Philips sells DreamStation products through its subsidiary Respironics, which Philips acquired in 2008.
The plaintiff’s complaint alleges that Philips was aware of these significant and material risks from its CPAP devices long before the recall. The complaint alleges that patients using the affected devices have complained to Philips about black particles in their devices for many years, but Philips was late in warning the public of the dangers April 2021 and first called his machines back June 14, 2021. The complaint also alleges that Philips selfishly timed its recall to coincide with the launch of its next generation of CPAP products, which do not suffer from the same problems. Therefore, the only safe option Philips offers its customers – many of whom require and rely on the recalled ventilators – is to purchase the newer model from Philips, which Philips continues to benefit from.
The complaint alleges that Philips does not have a specific schedule for replacing the recalled CPAP and other devices and may not provide replacements for a year or more, despite patients having to use their devices on a daily basis. As a result, the recall leaves patients with no safe, free options and patients will be forced to purchase a next-generation Philips product or a competitor’s product at full price.
“This major class action lawsuit seeks to replace any damage suffered by consumers who bought the recalled CPAP devices and have Philips replace them with safe and effective devices free of charge,” said Shanon Carson, Lawyer for the plaintiffs and managing partner of Berger Monday. “Our customers and the many patients who have contacted us shouldn’t have to deal with finding that they have inhaled harmful volatile organic compounds. This is outrageous and we look forward to fighting a solution with Philips on their behalf . ” who offers compensation for their economic and personal damages. If there is anyone who believes they have been injured by these recalled machines or has inside information to assist with the case, we encourage them to contact us. “
For more information on this case, Shelton v. Koninklijke Philips NV, et al., No. 1: 21-cv-11076 (D. Mass.), Now pending in The United States District Court for the district Massachusetts, is available at www.bergermontague.com/philips-recall, including the exact list of recalled CPAP / BiPAP devices and ventilators. Philips machines recalled include the following models: E30; DreamStation ASV; DreamStation ST, AVAPS; SystemOne ASV4; C series ASV, S / T, AVAPs; OmniLab Advanced Plus; SystemOne (Q series); DreamStation CPAP, 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; and A-series BiPAP A30.
Berger Montague PC is a national law firm based in Philadelphia with further offices in Minneapolis, San Diego, and Washington, DC The firm handles complex civil and class action lawsuits throughout federal and regional courts The United States. Berger Monday has played leading roles in major cases for over 50 years and has more than recovered $ 36 billion for its customers and the classes they represent.
Shanon J. Carson
Berger Montague PC
Phone: (215) 875-4656
E-mail: [email protected]
SOURCE Berger Monday