Philips Respironics HIt With Class Action Lawsuit — CPAP DreamStation Machines Recalled

The Dutch electronics and medical equipment company Philips has recently been hit with a class action lawsuit to protect Philips Respironics CPAP DreamStation Machine consumers who have been harmed by the allegedly defective design of said devices. 

According to reports, the CPAP DreamtStation Machines contain sound abatement that may break down and release toxic degraded foam particles directly into the air pathways of individuals using the devices. This may eventually lead to lung and respiratory problems, such as nasal cancer, lung cancer, non-Hodgkin lymphoma (NHL), brain cancer, and other injuries.

As a result, a massive Philips CPAP machine recall was issued last June 14 impacting about 3.5 million DreamStation products, CPAP machines, BiPAP machines, and mechanical ventilators.

Authorities have pointed out that this class action lawsuit is expected to be the first of thousands of lawsuits likely to be filed by owners of Philips CPAP machines sold in recent years with polyester-based polyurethane foam. 

What Is a CPAP Machine?

A CPAP machine, otherwise known as continuous positive airway pressure therapy, helps people with obstructive sleep apnea (OSA) breathe more easily during sleep. It can help increase air pressure in a person’s throat so that their airways don’t collapse when they breathe in.

The Philips Bi-PAP machines (bi-level positive airway pressure), CPAP machines, and mechanical ventilator devices contain sound abatement foam liners made from PE-PUR (polyester-based polyurethane), an element often used in consumer and commercial items like furniture, beddings, carpet underlay, automotive interiors, and packaging.

Unfortunately, PE-PUR can easily degrade in high heat or humid settings. Since Philips CPAP Machines lack the proper filters to prevent harmful degraded particles from entering breathing tubes, they are easily ingestible and can contaminate user airways. 

What injuries can Philips’ recalled CPAPs cause?

According to a Philips press release, the recalled CPAP devices, Bi-Level PAP machines, and mechanical ventilators can potentially result in the following injuries:

• upper airway irritation,

• headache,

• inflammation of the lungs, and/or

• toxic and carcinogenic effects 

Exposure to the PE-PUR degraded foam particles can also cause:

• respiratory issues e.g., asthma,

• eye and/or respiratory tract irritation,

• adverse effects to the liver or kidneys

In addition to particulate exposure, exposure to chemical PE-PUR off-gassing can also cause:

• coughs,

• hypersensitivity, and/or

• nausea and vomiting

Other symptoms such as sore throats, chest pressure, and sinus infections have also been reported by a number of Philips consumers.

Which Philips sleep apnea devices have been recalled?

Philips voluntarily recalled four (4) million of the following CPAP, BiLevel PAP, and mechanical ventilator devices last June 14, 2021:

• A-Series BiPAP A30 

• A-Series BiPAP A40 

• A-Series BiPAP Hybrid A30 

• A-Series BiPAP V30 AutoVentilator 

• C Series ASV, S/T, AVAPS 

• Dorma 400, 500 CPAP 

• DreamStation ASV 

• DreamStation CPAP, Auto CPAP, BiPAP 

• DreamStation Go CPAP, APAP 

• DreamStation ST, AVAPS

• E30 

• Garbin Plus, Aeris, LifeVent Ventilator 

• OmniLab Advanced Plus In-Lab Titration Device 

• REMStar SE AutoCPAP 

• SystemOne ASV4 

• SystemOne Q series 

• Trilogy 100Ventilator 

• Trilogy 200Ventilator 

Which Philips Sleep Apnea Products Are Still Considered Safe? 

The following Philips sleep apnea products are still considered safe for consumers: 

• DreamStation 2

• Omnilab 

• Dorma 100

• Dorma 200

• REMStar SE

• Oxygen concentrators

• Respiratory drug delivery products

• Airway clearance products1

• Trilogy Evo

• Trilogy Evo OBM

• Trilogy EV300

• Trilogy 202

• BiPAP A40 EFL

• BiPAP A40 Pro

• M-Series

What if I Was One of the Victims Injured by the Philips CPAP Machines? 

If you’re one of the victims injured by the recalled Philips CPAP machine — or other sleep apnea devices — consider doing the following: 

• Consult with your primary healthcare provider or physician

• Preserve any and all evidence you can find, e.g., debris in the breathing tubes of your CPAP machine

• Get in touch with a qualified attorney to help you with your claim

Schmidt & Clark, LLP can represent CPAP users from across the United States and help them qualify for the following compensatory damages:

• Medical expenses, including for medical appointments, hospital stays, medications, as well as replacing recalled breathing devices with new units;

• Lost wages as a result of missing work from being too ill;

• Loss of future earnings, in the event, that the recalled CPAP device has caused the defendant to become too sick to continue working in the future; and

• Pain and suffering endured due to defective devices