Philips Canada Faces New Class Action After Breathing Devices Recalled for Toxic Foam

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Philips Canada Class Action Lawsuit Overview:

• Who: Philips Canada is facing a class action lawsuit over its CPAP and BiPAP devices.
• What: The lawsuit alleges that Philips knowingly sold devices that contain toxic foam
• Where: The class action is nationwide.

Philips is facing a new class action lawsuit in Canada over its use of a toxic foam used in its breathing machines. The lawsuit follows the company’s recall of millions of CPAP and BiPAP breathing devices.

St. John’s lawyer Bob Buckingham filed the lawsuit on behalf of three consumers, who Buckingham said had “individual and unique serious consequences and harms likely arising from the recalled respiratory devices,” reports VOCM. 

Philips Canada CPAP Recall

Philips first announced the recall of the devices in June, when Health Canada warned that millions of its CPAP machines, ventilators, and other breathing devices – many used for sleep apnea – posed risks of chemical exposure posed by noise-reducing foam in the devices made from polyester-based polyurethane.

Between three and four million of the Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices are being recalled worldwide.

The company has not received any reports of death connected to the sound abatement foam or any reports of impact from chemical emissions, but it has received reports of possible patient impact due to foam degradation, it says in the US recall notice.

“The potential risks of particulate exposure include headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects. The potential risks of chemical exposure due to off-gassing include headache, irritation, hypersensitivity, nausea/vomiting, and possible toxic and carcinogenic effects.”

Philips Canada Facing Multiple CPAP Recall Class Actions

Philips Canada now faces at least two class action lawsuits in the wake of the CPAP recall. 

In July, consumers in Canadians who purchased Continuous Positive Airway Pressure (CPAP) and Bi-Level Positive Airway Pressure (BiPAP) machines subject to the recall filed a class action lawsuit against Philips.

Lead plaintiff Korinn Gray filed the complaint in Ontario federal court seeking to represent consumers across Canada who purchased recalled CPAP and BiPAP devices. She accuses Philips and its affiliates of knowingly selling defective CPAP and BiPAP machines, then issuing a recall at the same time as the company introduced its next generation devices.  

Gray says that she was diagnosed with sleep apnea in July 2020. She claims to have spent hundreds of dollars on a Philips DreamStation Expert Auto CPAP and nasal mask. Less than a year later, she says she received a notice from Health Canada informing her that the CPAP she was using had been recalled due to concerns about toxins in the foam used in the device.  

Did the Philips Canada breathing device recall affect you? Tell us your experience in the comments section!

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