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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 the recalled machine for a long time.
I hope that my health will not be adversely affected.
I bought my first CPAP machine in 2014, used it for a year and then it was replaced with a dream station machine as my first machine kept shutting off during the night for no reason. I was informed by another user of the recall, registered my machine with Philips in June of 2021 and have not received any further information from the company since. I suffer from a dry, hacking cough, headaches that my doctor cannot pinpoint the reason for and I cannot go without using my machine as I stop breathing at least 50-60 times per night. I would like more information on how to join the class action lawsuit.
How do I join I sop breathing 142 times a hour I’m on the max pressure of 20 I get sore stomach irritated eyes and skin dizzy headaches sore throat coughing and Phillips new these machines were not good and still sold them to people I got the dream machine model
I would like to be part of this class action law suit, I heard of this recall only by a family member, I was never notified by Philips. As soon as I heard of the recall I went on line and registered my information with Philips. (My Name address, phone number, email address and make model and serial number of my CPAP)
I have not heard any response from Philips. I would like to be added to the list of claims and concerns regarding my health.
Used this device and got a severe heart attack in May 2021, I believe there’s might be correlation between using this device and getting a heart attack.
Vitaliy, Calgary.
I have been waiting a year now for a replacement. They will not give me a date. I have a claim confirmation code with them but no clue of a replacement date.
I had mine for a couples of years. It was working fine untill i had the recall letter.
Its now sitting on a shelf collecting dust.
My apneia is still very much there.
I wish they would keep us informed about what is going on.
nobody seem to have a clear answer at this point.
I an interested in joining the class action. I had to go to the emergency room where the doctor said I had a COPD attack. I also have a rash over almost my entire body that I am treating now. No confirmed diagnoses on what it is. I register my machine in August 2021. No replacement has been offered or no communication even though I called several times.
I am speaking on behalf of my elderly mother who has been complaining of headaches, throat irritation etc. with this machine. She has gone to the doctors and her sleep respiratory dealer with concerns. Basically, no one believed that the machine had anything to do with her symptoms. These machines were recalled in June, mom was having symptoms prior to this recall. She was not advised of a recall and only found out when she went to the dealer still complaining of headaches what she believed to be from the CPAP. The Sleep respiratory dealer only advised customers of recall by email or on their website. As a senior, mom is not tech savvy and therefore had no idea until that November visit and was put on a list to receive what she thought was a “part”. In fact they are replacing the machine. I only found out today as mom asked me to contact the Dealership if these are still safe to use and as I am researching, I am finding unsettling information.
I would like to receive more information about this as I am not sure how affecting my mother is from the toxicity that she has been breathing in.
I have registered with phillips that I have a recalled machine but they only gave me a registration number. I never heard anymore , having medical problems maybe because of the use of this machine.
Have confirmed my Dreamstation Auto CPAP machine is included in the recall and have registered it with Philips. Have heard nothing back. I am a senior and cannot afford to purchase another machine which are not available anyway. I suffer from severe sleep apnea and also have heart disease. I have had several doctors advise me that to discontinue using the machine is a far greater risk than continuing to use the machine due to my heart condition. This is all very difficult mentally to get this issue resolved – much like I die if I do or I die if I don’t. Please respond by email only.
I’ve used cpap machines over 20 years.
In June 2018 upgraded to dream station machine
In 2020 I had surgery for lung cancer. I never smoked and our home tested negative for radon gas. There is no explanation for my cancer, other than nightly use of cpap machine. Needless to say I have stopped using it!
Live in new Brunswick inquiring about the class action law suit.