RHE joins Sotos LLP and Thomson Rogers in national consortium prosecuting Philips CPAP class action
08/10/2021

RHE joins Sotos LLP and Thomson Rogers in national consortium prosecuting Philips CPAP class action

Thomson Rogers, Rice Harbut Elliott LLP and Sotos LLP are working together on a national class action on behalf of all persons in Canada who used a Philips CPAP machine, BIPAP machine or mechanical ventilator which are currently subject to a recall by the company (please see below for complete list of the affected devices).

On June 14, 2021, Philips Respironics issued a recall notice in the US for approximately 35 models of its Respiratory Devices that were manufactured with a Polyester-Based Polyurethane (PE-PUR) sound abatement foam. Exposure to the PE-PUR foam can have adverse health effects including, but not limited to, increased cancer risk, respiratory damage, asthma, nausea, vomiting, and headache.

As of June 23, 2021, Health Canada recalled all of the subject Respiratory Devices.

It is alleged that Philips Respironics negligently designed and manufactured the Respiratory Devices and failed to warn users of the health risks associated with use of the Respiratory Devices, while assuring users of the safety of its products.

The Representative Plaintiff, John Morel, was diagnosed with sleep apnea and purchased a Philips Dreamstation CPAP machine in 2019. Commenting on learning about the health risks associated with the machine, he states:

I was horrified to learn that my CPAP machine, which blows air into my lungs, could contain toxic particles. I relied on this device to treat my sleep apnea and I am concerned for my health. I have questions about when Philips became aware of the issue and if this could have been disclosed earlier.”

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