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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
Mon mari Ian utilise un dream station Philips depuis décembre 2015. Il s’est inscrit au programme de rappel. Je n’ai jamais compris pourquoi ils échangeaient les appareils plus récents avant les plus anciens.
Mon mari a été diagnostiqué d’un cancer métastatique: poumons, foie et os le 30 décembre 2022 et il est mort le 10 janvier 2023. Je désire joindre le recours collectif.
I too was caught by this defect in my CPaP machine fault. I would very much like my name added to any pending lawsuit
I have used a every night since January 2014. When I found out about the recall (July 2021), I registered with Philips. I continued to use the CPAP machine (as indicated in the Philips recall information); I have never had any contact from Philips. In January 2022, I heard the reason for the recall from a Google search and that there were possible medical issues including liver and kidney cancer. I purchased a new machine and stopped using the Philips machine. In July 2022, I was diagnosed with Stage 3 Kidney cancer and in August 2022, I had my right kidney removed. I cannot say if my Kidney cancer was caused by the machine. I have never smoked, I may have one glass of wine a week and I have never used drugs and I eat healthy. What I find very upsetting is that it is a possibility that a kidney cancer could be caused by the Philips CPAP. Philips supposedly knew that there were issues around 2015. They made no attempt to contact anyone. Since I registered, in August 2021, Philips still made no attempt to contact any of their CPAP users. Maybe the kidney cancer is related, maybe not … never-the-less Philips should have taken the appropriate steps
It caused c o p d iam taking a needle for my lungs also
Since Ive started using CPap, I have developed severe lung problems which flares up 4 to 5 times a year causing serious outcome. I also had Scan done which shows nodules on both lungs.
My sleep study showed 37 events per hour and I was shocked how the Dreamstation changed my life. But now I am developing asthma and idiopathic neurological problems. Please help me with this.
can i be part of class action?
I almost DIED… I had a severe reaction to the Phillips CPAP Machine.
Pandora’s Box, Medusa’s Head and The Twilight sums up what I went through.
I had called Health link, They sent Paramedics.
Hello, is there any updates or timeline and should I be seeking any other legal avenues due to my health issues that could be directly related to the recall? I have already registered with phillips and class action via canada with a few lawyers but I haven’t seen to much happening, how and when as well as where is best way to get updates and what do I do just wait for yrs as Phillips drags it out. I almost died in 2019 from AML and I have liver disease and bad migraines and sleep issues and they could directly related. I have had my machine and used since 2017/2018 until jun 2019 when I was diagnosed with AML Leukemia and stopped using for obvious reasons and am and will not use ever again. Am I just another # and should I be treated same as someone who didn’t get sick? I need to know if I should be doing more.
Ken Howling
The recall was back in June of 2021, it wasn’t until January of 2022 that my therapy providers had informed me that there was a recall and I should see a doctor if I had concerns.
I started having asthma symptoms last fall and they’ve stayed with me since. I had an asthma attack on Friday August 12th. I’ve been to see a doctor at the hospital who told me I should stop using the machine back around the time I was informed of the recall in January. I am waiting to hear about results of x-rays etc and a further possible diagnosis.
I started using a CPAP machine in August 2016 , everything seemed fine until I got the recall letter last June . I continued using it off and on as I was told the benefits outweigh the risk . Since I didn’t see any black particles around the hose I thought it was all ok .
March 2022 I was diagnosed with non small cell lung carcinoma , never smoked a day in my life !!
Please add my name to the class action lawsuit , thank you .