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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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90 thoughts onPhilips Canada Faces New Class Action After Breathing Devices Recalled for Toxic Foam
How I can be add to the lawsuit. My husband died from lung cancer and he used the Philips Respironics. I wonder if this machine caused him to develop the lung cancer.
Have been sleeping in a chair for over a year. Sent information to Phillips as my CPAP machine is one of the ones affected. Please add my name to the lawsuit. I will not be buying my next CPAP machine from Phillips.
I’d like to be added to the lawsuit! I just found out about this recall from my provider a year after the recall! No wonder why I have felt so sick all the time! Omg…
Please add me to the lawsuit list
I got the Philips Dreamstation since March 2020, and noticed the recall on July 2022. More than two years of use, suffering from eye irritation and shortness of breath.
Now, ended up paying $1,400 CAD from own pocket buying amp cpap machine.
My mom was part of the recall, she received her notice on a Thursday or Friday and stopped using the machine right away. By that Monday and Tuesday, she was not feeling well, whe hadn’t slept so she went back on it to try and feel better. My mother had a stroke 1 week after she was told to stop using this. I found my mom in her car on the side of the road and we were able to get her to the hospital and get the blood clot from her brain. But not before there was permanent damage. I can never have the same conversation with my mom again as she now has Aphasia and brain injury. It is now 1 year later and we still don’t have a new machine for my mom. Her abilities to fight for this are now diminished due to this stroke that I fully believe had to do with the stopping of this machine. I have to fight for her now. What happened here changed our lives forever, I lost my mom that day 1 year ago and Phillips should have to pay for that somehow, someway.
I bought mine for just under $2000 from a small family run Sleep Clinic, and enjoyed the massive improvement in sleep. Cant afford medical insurance. Was Rx via doctor to clinic.
Refreshed like I never had in my life, audio recordings taken before and after (my own) went from VIOLENT snoring with at least a half dozen apnea episodes per night to none. No more snoring sore throat/headache in morning too.
I was ok with the trade off, of a good 5 mins of sneezing after getting up off the machine in the morning. Seemed odd.
Until I stumbled across the fact it was recalled. And see theres foam microparticles. IM NOT ok with unwittingly getting cancerous or dangerous lung filling junk.
The family clinic didnt survive the covidiot lockdowns and small biz shutdowns, otherwise Im sure they wouldve notified me. Sign on door; “landlord confiscating stock and contents of tenant”.
So Im screwed in Canada, since it appears they are the only go-between with the criminally negligent Philips.
NO CONTACT info or addresses for Philips, to find out when they will get to fixing this, no email update despite registering and getting a case number. Its been over half a year of crap exhausting sleep, and 2 grand wasted apparently, because I see in small type that it looks like they will only be replacing them in USA only.
If the alternative IS ONLY a lawsuit, there should be one for those of us cut off from avenues. I KNOW the nasal mask is well over the amount in pay we would get in a CA suit… but it beats never getting to use it, never getting it fixed. At this time, I dont trust the company to be honest or forthwith.
And in the end despite getting MAYBE 1/20th the amount paid out of pocket for the best sleep in my life, I will have to endure crap sleep until resolution of some sort.
My name is Pan Yingtao and I am 68 years old. I purchased a Philips CPAP ventilator at INDEPENDENT RESPIRATION SERVICES in April 2012 and have been using it. I was diagnosed with nasopharyngeal cancer in October 2014 and was treated at BC Cancer Center. During this period, I experienced unbearable pain and suffering, leaving behind a series of incurable sequelae. Just heard from a friend that the Philips ventilator you are using has a serious problem that could cause cancer and is being recalled. The Philips ventilator model I used was one of them: SystemOne (Q series)
I purchased this CPAP machine and it is on the recall list. It has been 2 years and haven’t heard from anyone, drs, the place I got it from or even Philips as I registered the product. A I haven’t used it since I was told it was in recall, about 2 years. Now I have depleted my oxygen level from Capacity of 37% to 22 % and have been diagnosed with the starting of lung cancer. They are keeping an eye on it. I totalling believe that when I was on the machine that it caused my cancer. I would like some kind of a reply from you company as soon as possible, as it is getting quite serious.
IVE ALREADT SENT A LETTER REGAURDING MY RECALLE D PHILLIPS CPAP WITH HUMIDITY MACHINE SEVERAL TIMES I WAS CHECKING AS TO WHAT WAS HAPPENING WITH THE CASE .
How do I fight this !! My daughter in law told me about the recall . I phoned Phillips and they said they would send a new one !!It has been over 2 months and nothing !!! They told me to keep using this machine !! Since I have been on this machine my asthma is a lot worse , I have had cancer in my right kidney and had to have it removed and my health keeps going downhill !! I cannot breath well when I lay down to sleep so I am stuck with using this machine !!! Could you please give me the name of the lawyer that is dealing with this Thank you Debbie Anderson
I purchased the Dream Station in January 2019 for severe sleep apnea.
After hearing about the recall, I contacted my doctor who advised me to discontinue use of the Philips machine and get another machine immediately. I cannot be without a CPAP machine due to my severe sleep apnea. Of course, my insurance did not cover the cost of a new machine as it was less than 5 years and they only pay a partial amount every 5 years. I paid $1925 for a new machine (not a Philips of course).
Will you be okay if you stop using it? My co worker has this problem.