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Philips CPAP, BiPAP Devices Foam Poses Health Risks Class Action

CPAP, BiPAP, and mechanical ventilator devices are used to treat sleep apnea. Unfortunately, the complaint for this class action alleges that certain devices from Koninklijke Philips NV, Philips North America, LLC, and Philips RS North America, LLC were made with an objectionable polyester-based polyurethane sound abatement foam (PE-PUR foam) that can degrade into particles that can be ingested or inhaled.

The Nationwide Class for this action is all persons in the US who, from the beginning of the applicable limitations period through June 14, 2021, bought or leased one of the recalled devices, for household or business use, and not for resale. Subclasses have been defined for California, Florida, Massachusetts, Minnesota, New York, Pennsylvania, and Virginia.

Sleep apnea is a condition in which soft tissue in a person’s airway collapses and temporarily obstructs breathing. Treatments include the use of a Continuous Positive Airway Pressure (CPAP) device, a Bi-Level Positive Airway Pressure (BiPAP) device, or mechanical ventilation devices.

“On April 26, 2021,” the complaint alleges, “as part of its Quarterly Report for Q1 2021, Philips disclosed for the first time … that device user reports had led to a discovery that the type of PE-PUR ‘sound abatement’ foam Philips used to minimize noise in several CPAP and BiPAP respirators posed health risks to its users.”

On June 14, Philips recalled some its CPAP, BiPAP, and mechanical devices. The complaint quotes Philips as saying that the “PE-PUR foam may degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user, and the foam may off-gas certain chemicals.”

Philips says the users of these recalled devices are at risk for “[i]rritation (skin, eye, and respiratory tract), inflammatory response, headache, asthma, adverse effects to other organs (e.g.[,] kidneys and liver) and toxic carcinogenic affects.”

While Philips has not said when it first received reports of the problems, the complaint says, “given the fact that all Philips Respironics devices manufactured from 2009 to the present have been recalled, it is unlikely that [Philips] only recently learned of these issues.”

It alleges that Philips was therefore aware of the problems with the devices yet continued to make and sell them, “and unreasonably put users … at risk of development [of] adverse health effects, including cancer.”

Philips has begun a “repair and replacement” program to replace the PE-PUR foam on the devices with a different material. The complaint points out that the company is not planning to give users new devices and alleges that the replacement of the foam on each device “is a time-consuming process that will leave Recalled Device users without use of their devices for untold periods of time.”

The complaint charges that the program has not repaired or replaced a single device yet, and that users who send their devices in are given no information as to when they will get them back.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Philips CPAP, BiPAP Devices Foam Poses Health Risks Complaint

July 1, 2021

CPAP, BiPAP, and mechanical ventilator devices are used to treat sleep apnea. Unfortunately, the complaint for this class action alleges that certain devices from Koninklijke Philips NV, Philips North America, LLC, and Philips RS North America, LLC were made with an objectionable polyester-based polyurethane sound abatement foam (PE-PUR foam) that can degrade into particles that can be ingested or inhaled.

Philips CPAP, BiPAP Devices Foam Poses Health Risks Complaint

Case Event History

Philips CPAP, BiPAP Devices Foam Poses Health Risks Complaint

July 1, 2021

CPAP, BiPAP, and mechanical ventilator devices are used to treat sleep apnea. Unfortunately, the complaint for this class action alleges that certain devices from Koninklijke Philips NV, Philips North America, LLC, and Philips RS North America, LLC were made with an objectionable polyester-based polyurethane sound abatement foam (PE-PUR foam) that can degrade into particles that can be ingested or inhaled.

Philips CPAP, BiPAP Devices Foam Poses Health Risks Complaint
Tags: CPAP BiPAP or Ventilator Device, Defective Product