Philips CPAP Machines

Philips CPAP Machines

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Philips CPAP Machine Class Action

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.

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Philips CPAP Machine Class Action: Updates

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.

July 16, 2021: Plaintiff issues Statement of Claim in the Ontario Superior Court of Justice

Philips CPAP Machine Class Action Documents

Frequently Asked Questions

A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.

A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.

In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.

No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.

No. We will work primarily with the class representative.

Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.

Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.

There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.

Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.

The chances of “winning” can never be accurately predicted.

Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.

Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.

Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.

In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).

Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.

A “payout” or an award for damages is never certain.

The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.

If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.

We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.

It is not required that you send any documents to us at this time.

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