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A class action lawsuit has been filed on behalf of Canadians who purchased Continuous Positive Airway Pressure (CPAP) and Bi-Level Positive Airway Pressure (BiPAP) machines that were recalled last month by Philips Electronics due to concerns about toxic sound muffling foam used in the devices.
Lead plaintiff, Korinn Gray, filed her complaint in Ontario federal court Friday 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.
The plaintiff says that, since using the device, she has suffered headaches, airway irritation, coughing, nausea, and dizziness; however, Gray claims that she cannot afford to replace her current Philips CPAP machine at a cost of approximately $860 out of pocket.
The class action lawsuit accuses Philips and its affiliates of continuing to sell CPAP and BiPAP machines equipped with toxic PE-PUR Foam used to muffle noises.
Allegedly, users had reported black particles coming from their machines to the company for years; however, Philips failed to warn consumers until April 2021 and did not recall the devices until June.
“Philips timed its recall of the Recalled Breathing Machines to coincide with the launch of its next generation of products, which purportedly do not suffer from the same PE-PUR Foam issues,” states the class action lawsuit. “The purpose of this delay was to encourage users of the Recalled Breathing machines to purchase a new machine from Philips, rather than one from a competing manufacturer.”
Gray is seeking a refund for herself and other Canadians who purchased recalled Philips CPAP or BiPAP devices, as well as payment for any related medical costs. The plaintiff also wants Philips to pay damages and disgorge any ill-gotten profit from the sale of the recalled CPAP and BiPAP machines.
Philips, who has allegedly manufactured and sold approximately four million CPAP and BiPAP devices around the world, is facing mounting legal action in the wake of its recall. Multiple CPAP class action lawsuits have been filed in the United States by consumers.
Did you purchase a recalled Philips CPAP or BiPAP device? We want to hear from you! Tell us about your experience in the comment section below.
The plaintiff is represented by Louis Sokolov of Sotos Class Actions.
The Philips CPAP Class Action Lawsuit is Gray v. Philips Electronics LTD, et al., Case No. CV-21-00665742-00CP in the Ontario Superior Court of Justice.
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125 thoughts onPhilips Knowingly Sold CPAP, BiPAP With Toxic Foam, Claims Class Action Lawsuit
I have been using Dreamsation C-pap unit since Jan 2020 no recall notice from anyone. I have developed multiple side effects from this Foam deteriorating machine .My symptoms started with severe Stomach pain ,Vomiting, Nausea, itching, (Anaphylaxis).I have suffered from Nausea for 9 Months, Headaches and Allergies and i never had Allergies in my life. I suffered an Anaphylactic shock had to be transported by Ambulance to Hospital now i have to carry a EpiPen where ever i go, now I’m suffering from respiratory issues constant cough ,pain in my Back.
Is this suit moving forward? I bought a new machine out of pocket and I still have the Phillips machine. I’d like some compensation. Also, their electric razors suck. Never again.
I have been using this machine since 2018 and filled up the form as requested by the VItalAir. I have not heard anything yet. I called ViTal Air and they said they cannot do anything. My machine is leaking air from the chamber and they asked me to buy a new one or rent. I asked them why should I buy the recalled machine. I am having issues such as frequent chest pains, heavy chest, frequent cough and cold issues, and less energy throughout the day. Impacting my social, work, and family life. Could we start looking at class action law suit? Or if there is already one -how can I include my name on it? I am in Canada. Thank you.
i would like to be a part of this class action suit
I have been waiting patiently for a response regarding my recalled CPAP. To date the only reply that I have received is that my CPAP is one of the ones that has been affected by the recall. The CPAP cost over $2,500.00 and is basically useless. I would like to be part of this class action law suit.
I am a 75 yr. old handicapped woman with sleep apnea & COPD I have been using a sleep machine for many yrs. When I was diagnosed with COPD I was told I had to go from using a Cpap tp a Bipap machine (much more expensive) Then along comes the recall, and I was told to stop using it as iwas having non stop coughing, bad headaches dizzines ,a lot of sore throats ad feeling sick to my stomach. I made many calls to Phillips but you cant get pass their telemarketers. who feed you all kinds of bull.I then started calling my place in Ontario where I purchased both my & my husbands machines, I could get no where until Aug 17 2022 I went off on them….lo & behold, thet told me to come right in & pick up the 2 new machines, But beware they only replace half of it. So now my total machine is half 2016 & half 2022. wonder how this warrenty (if any) will work out. Any one know how to get on the class action lawsuit in Canada?
i would like to be a part of this class action suit