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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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April 30, 2024 | Product Recalls
125 thoughts onPhilips Knowingly Sold CPAP, BiPAP With Toxic Foam, Claims Class Action Lawsuit
Good Day
I bought a Philips Dream Station several years ago and have noticed a black sludge in the water reservoir. I was diagnosed with bi lateral renal carcinoma in 2019 and had a partial left kidney removal in July 2019 and a total right kidney removal in Sept. 2019. I also suffer from other medical complications that may have been caused by the use of this machine which I have stopped using. Please include me in any class action suite you have I initiated against Philips.
Respectfully
Randy Smith
792 McKay Ave.
North Bay ON Canada P1B7W3
I have been using the Phipps’s Dream Station for around 7 years. i have been having a lot of breathing issues and anxiety attracts or so i thought. I’m getting checked out now. Nobody reached out to inform me. When i inquired and looked into it. The machine i have they recommend immediate discontinue usage. I asked the distributer why they didn’t get ahold of me when the recall went out in April. It is now July,29 i just found out a couple of days ago. WOW!! that service for you.
I began experiencing what I thought were allergies about 2 years ago. I now have chronic nasal drip and suffer from migraines/sinus headaches.
I also started coughing up phlegm and thought I must be gluten intolerant. I have given up gluten and still suffer the same amount of congestion. II just got my letter last week, advising me not to use it. Now what? I no longer have extended health care and cannot afford to buy a new machine. I
i bought a dreamstation in March this year and was given a 20% credit when i traded in my old machine
i have several concerns — one is my headaches sore chest sleepiness etc since i got the machine
Secondly — why the credit ??? did they alrteady know abouting the impending recall ?
I have missed 19 months work so far due to my usage of Dream Station. I had been using it for at least seven years, On my second one. MY daughter see a post on FB about the recall. NO One contacted me, not even the provider. I called their office after hearing about this and all I got was by way of answering machine that I had to go on line and register . Not good enough. I have had constant coughing headaches, dizziness, , sore nose and waking at night with feeling s of heavy chest pressure. I was sent to cardiologist and have had two stress tests, I also had to have a dye test. I have been given two lots of heart pills to slow my heart beat and my BP has gone high. The cardiologist couldn’t find any explanation where my symptoms came from, I now realize this is because of my Dream Station usage.
I didn’t become aware of this issue until last month. I purchased a dreamstation go last year – it was very expensive, and my insurance only covers a replacement every 5 years. In the past year, I developed a persistent cough – I thought that I developed allergies, and did not suspect that the CPAP device might be causing issues. Also, I found myself short of breath while using the device – and would often wake up with headaches – something that I approached the CPAP reseller about, and they recommended increasing the pressure of the machine, but this did not help. I’m now using a used Resmed machine. Since switching, my cough and headaches has subsided – but I’m concerned about long-term negative effects. Phillips has not provided any direction on replacement, nor have they provided sufficient details about the issues that have resulted in this recall.
Used this company for more than 12 years.2 machines many medical problems
I can’t believe this. This Dreamachine is supposed to help me with sleep apnea not permanently put me to sleep. Sore throat n head aches over here as well and have not felt refreshed in a long time. Am also shocked that my doctor or vendor did not reach out and i found out through a colleague of my relative. Why is Phillips trying to keep this quiet. They messed up big time and given the nature of these machines , I why are they trying to mess up again and try to keep things quiet? This is already 2 strikes
I have been using a Dreamstation for 2 years and only found out about the recall from Facebook. I too experience dry and sore throat but always assumed it was something else.
I have purchased two cpap machines from Phillips that are both on a recall notice. I have had some breathing and throat issues coupled with headaches and never thought it could be my cpap machine.