Philips CPAP Machine Class Action - Sotos Class Actions
OVERVIEW

Philips CPAP Machines

Philips has recalled allegedly dangerous CPAP machines, BiPAP machines, and mechanical ventilators. The machines contained a foam to make them quieter, but that foam can cause cancer, respiratory damage, throat irritation, damage to various organs, nausea, headaches, and dizziness.

The plaintiff alleges that Philips negligently designed and manufactured the machines, received complaints and did not properly investigate, knew that the devices were unsafe but did not inform customers, misrepresented that they were safe, and breached health law and consumer protection law. The case seeks to allow the class to return their machines for a full refund, and get compensation for the adverse health effects they suffered and the health care and other costs that they, and the government, have incurred as a result.

The Court will decide at a later date if the cases will proceed as class actions.

The case seeks to represent all persons in Canada who purchased or used one of the affected Philips machines.

Please visit www.cpapclassaction.ca for more information.

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Updates
  • March 31, 2022: We held a town hall to discuss the status of the case. A video recording of that town hall is available at this link (Town Hall Recording).
     
    We have also discovered that it is important to keep the memory card and the tubing from your machine. Video instructions on how to do remove the memory card are available at this link (Tutorial on Removing Memory Card).
  • February 7, 2022: We filed an Amended Notice of Civil Claim in the Supreme Court of British Columbia, incorporating new information from the FDA report and Philips’ lack of a remediation plan. That document is available at this link (Amended Notice of Civil Claim).
  • November 9, 2021: The United States Food and Drug Administration (“FDA”) released a report concluding that Philips had received hundreds of thousands of complaints about this problem since 2008, but did not take steps to fix the problem or warn consumers. That report is available at this link (FDA Report).
  • October 4, 2021: Klein Lawyers LLP filed a separate action, delaying our action and forcing us to argue a “carriage” motion, where the court will determine which lawyers will control the case. The carriage motion will be heard on June 16-17, 2022.
  • September 8, 2021: Given the high volume of registrations by class members, class counsel have set up a dedicated website for class members to register: https://cpapclassaction.ca/.
  • September 7, 2021: This CPAP action seeks to represent class members who purchased and used one of the recalled Philips CPAP or BIPAP machines. We are seeking a full refund or replacement unit for all class members; in addition, we are seeking damages for pain and suffering caused by adverse health issues, injuries caused by the direct use of these machines as well as damages for the health care costs incurred as a result. We anticipate there are over 100,000 Canadians who use or have used a Philips CPAP or BIPAP machine. Any person in Canada who used one of the recalled Philips machines is automatically a class member.
     
    Since we launched this action, we have been contacted by many people who have asked for our advice on what to do. If you are using the device for medical reasons, you should first consult your physician and follow their advice.
     
    We cannot provide medical advice. We understand that each individual must make his or her own decision about whether to replace the unit with another model, wait for Philips to repair or replace the model, or continue using their existing model. This decision should be based on what is appropriate in your individual circumstance, including any medical advice received.
     
    We understand that this is a difficult decision. We are aware of these concerns and will factor them into our approach in the lawsuit.
     
    On September 1, Philips announced its plans to repair or replace the recalled devices. Philips has advised that it will repair or replace affected units in Canada and other jurisdictions but has not yet provided a firm timeline to do so.For customers in the United States, Philips has begun either removing the toxic PE-PUR foam or replacing older models with their DreamStation 2. However, this is happening relatively slowly: Philips has advised that this process will take roughly 12 months.For full details, see their press statement here.
     
    Unfortunately, lawsuits take time, and it is not likely that any resolution will be achieved in the near future. Please sign up if you would like to receive future updates.
  • August 12, 2021: Sotos has come to an agreement with Rice Harbut Elliott and Thomson Rogers to proceed together in British Columbia, rather than in Ontario.
  • July 16, 2021: Plaintiff issued Statement of Claim in the Ontario Superior Court of Justice.
Contacts

Louis Sokolov

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Mohsen Seddigh

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Adil Abdulla

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Karen Whibley

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