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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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89 thoughts onPhilips Canada Faces New Class Action After Breathing Devices Recalled for Toxic Foam
I have used the Philips machine since about 2018 and had not heard of this issue until today. While no proof of cause/effect, over the intervening time I have had declining respiratory health, including unresolved health professional assessments, including chest X-rays. As it is a continuing issue, I am due respiration-related testing this month.
I have been using the CPAP machine for more than ten years. I was never contacted about the recall by the supplier. I found out through a comment on Facebook.
I have registered with Phillips and joined a class action lawsuit two years ago but have not heard anything from either.
I also bought a Dreamstation One Machine from a Sleep Apnea Clinic in Vancouver in 2018 and received the recall notification in July 2021 from Philips. I immediately registered my unit for recall. A follow up email was received from both Philips and the Sleep Clinic. I did not receive another email until June 2022 indicating that Philips was deferring all communication and updates to the Sleep Clinic. I did not receive any updates until mid June 2023 and then a email at the beginning of August 2023, indicating that Philips was at a 90% replacement fulfillment and that they needed me to email the Sleep Clinic to verify if I needed a replacement and if I did, I was to provide my address to forward a new device to. I send the Sleep Clinic a follow up email Mid September 2023 and another email mid October 2023 asking for confirmation and a timeline when the last 10% of replacement requests would be done. No response. I then email daily between November 1 – 15 and also left comments on the Sleep Clinic website requesting that some one respond. On November 15, 2023, I contacted the Sleep Clinic by phone for an update and was told that the clinic had just received units that were being prepared to be shipped out. I requested a confirmation that I was included in this list, which I was and I requested that I could come into the clinic to pick up. I was referred to a Manager who arranged for a Friday appointment. I was told that I would have to surrender my current unit. The Friday morning of the appointment, I received an voice mail from a Technician of the Sleep Clinic cancelling my appointment due to illness and lack of staff in the office. I called back the office and indicated that I did not need a technician and that I just wanted to pick up the unit and that I would watch the on line tutorial that was provided as the steps to set up the new machine. I also informed the clinic that due to class actions in Canada and the US and potential criminal charges proceedings that are before the US the Senate, I would not be surrendering my current unit as it may be needed as evidence. I received another voice message from the Manager indicating that I would not be given the replacement unit unless I surrendered my current unit and that I was to follow up with Philips Canada directly for a replacement unit. I ignored this voicemail and physically went to the Sleep Clinic and demanded that they release the unit to me. After a hour, they relinquished the unit package. Upon my arrival at home, I opened the package expecting to be provided with a new unit, but I received what is probably a refurbished old unit which has not been marked or indicated as a refurbished unit. I will not be using this unit as there are some FDA concerns around the safety of the new Silicone Abatement Foam that the FDA has asked for further tests reports to be conducted and submitted by Philips and other companies using the foam. I have written and sent a email to the BC Minister of Health and my local MLA for what the Province of BC is doing about this recall. I am also sending an email to the Federal Minister of Heath and my local MP. This is not acceptable. I have also emailed all Canadian Media websites and have yet to hear from anyone.
I only recently discovered this recall. I have been y=using a phillips dreamstation cpap machine for ten years and have developed Asthma and now being tested for bladder cancer
I read of the recall back when it first came out and went to the Phillips site to check if my unit with serial # was part of the recall and found out it was. Registered on-line my unit and have since heard nothing else from them for the past 2 years.
I am in same boat. I reached out to them and have heard nothing they keep giving me the run around.
57 year old female, no history of respiratory disease in family, recently diagnosed with asthma. Have been using Cpap since 2020 and NOW I have respiratory illness????
Where does the class action stand at this point?
I added to class action right away, I do not receive updates.
I had been using my cpap machine religiously from 2015 right up to the day in July 2021 that i received the recall letter. At that time i was in the middle of a stem cell transplant after my Non Hodgkins Lymphoma was no longer in remission. I was originally diagnosed in September 2019 and after 8 rounds of RCHOP and radiation i was only in remission for about 6 months. More recently, summer of 2022, I underwent CAR T cell therapy as my cancer returned again. I suffered with neurotoxicity and had a seizure and had to be placed in a medically induced coma. When I came back, i was paralyzed and I had to relearn how to talk, feed myself, write and walk. From August to December I was hospitalized and not able to walk. Now, 5 months later I am finally able to walk mostly unassisted but still am plagued with different side effects. All because I faithfully used a machine with carcinogenic foam. Phillips you have basically ruined my life and I’ll probably be dead before this ever gets resolved in court.
i have used the cpap dreamstation for 21 months
i have severe tinnitus in my right ear began with pressure and ear pain at first
i get dizzy and headaches with vertigo daily i have stop using the machine
Philips CPAP class action suit, please add my name
I had been using but heard about recall so I would like my name on this.