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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 used a Phillips cpap machine for roughly 10 years. Every morning day for years I would wake us and sneeze all day. I also had sinus problems and developed allergies to a whole bunch of things that I never had before. I have now changed and my sneezing has completely stop. I don’t seem as affected to the allergies I had.
My husband and I both have Dream machines under the recall. How do we join this class action lawsuit.
Diagnosed with sleep-apnea March 28, 2012 and bought a Philips CPAP machine shortly after. Nobody informed me of this re-call and health hazards associated with it. I just found out this January about this issue and stopped using this CPAP. In August 2020, I had a piece of my colon removed and have had sinus problems for a long time now. I contacted Philips and gave them serial number of my machine and they issued a confirmation code 2022011301253541.
I am interested in being part of the class action lawsuit against Philips for failure to honor their obligations to replace or refund for the Dream Station machine I bought. Shortly after purchasing it, I was informed, not by Philips, that it was faulty. I paid $2300.00 for the unit, got barely any use of it, and believe I should be entitled to a refund or replacement.
I would like to be part of this class action law suit, I heard of this recall only by word of mouth, I was never notified by Phillips. As soon as I heard of the recall I went on line and registered my information with Phillis. (Name address, phone number, email address and make model and serial number of my CPAP)
This has been well over a year ago possibly going on 2 years and to date I have note heard any response. I have been in contact with the vender who sold me the unit, and they just like the others have been left in the dark.
I purchased my Philips CPAP machine in machine 2013 and stopped using it in 2019. During that time I suffered 2 heart attacks, was misdiagnosed with lung cancer because of swollen nodes in my lungs. I was re-diagnosed by a respiratory specialist with Sarcoidosis in 2015. While using the machine I had psoriasis type issues, increased allergy symptoms, and headaches which have all but disappeared after I stopped using the machine. I replaced the machine in 2019, and have had no lung-related issues since then.
I would like to be part of this lawsuit please. How do I sign up? I bought my machine in Apr 2020. I should be refunded after barely 1 yr of use. The last few months of use I was waking up with nasal cuts, sores and chest tightness and I dont even use an ozone cleaner.
How do you apply for the lawsuit? My fiance has possible asthma after using this for 2 years. If he doesn’t use a cpap he stops breathing at least 10 times a night
I was sent to a sleep clinic for sleep apnea testing before a general anesthesia surgery.
I was found to have sleep apnea. I purchased a Philips machine for around $2,200 or so.
For the first 4 weeks of use, I slept so much better I thought I had won the lottery!
About 2 weeks after the hernia surgery, I started having breathing issues. After plenty of various diagnostic exams ruling out the mesh, and many other things (and over a year later), my breathing issues have gone undiagnosed.
Once I discovered the recall, I immediately stopped using the device as was suggested.
I’d really like to have a diagnosis and treatment for my breathing issues. Work for me is difficult now, and I’m not as efficient as I could be.
I was diagnosed with sleep apnea January 2020 and bought a Phillips CPAP dream station as it was required after my brain injury in 2018. I paid $2700 for the machine, mask and hose.
I had little black flecks in the water reservoir and had breathing problems, my asthma was off the charts and I embedded up with 2 pulmonary embolisms (not sure of they are related).
I tried to go without a CPAP machine for 5 days but I couldn’t function so I was forced to buy a new one. Luckily, my CPap place gave me a discount and I purchased a resmed machine at $1300.
I am interested in being a part of this law suit.
Thank you for representing us.