Silver Golub & Teitell LLP (SGT) has filed a series of class action lawsuits against Dutch medical equipment company Philips (and its US subsidiaries) in response to Philips’ recall of sleep apnea machines and mechanical ventilators due to the dangers posed by the sound abatement foam used in these devices. Philips states that the foam may increase users’ risk of developing cancer, pulmonary fibrosis and may cause other injuries, such as headaches, irritation, inflammation, respiratory issues and exposure to materials with toxic and carcinogenic effects.
SGT represents recalled Philips’ device users and has alleged that Philips knew of the problems and risks associated with the sound abatement foam long before disclosing the problem; that Philips sold millions of devices after becoming aware of the dangers posed by the foam; and that Philips’ announced recall program provides no relief for users of the recalled devices. Philips’ actions, according to the complaints, constitute breaches of warranty as well as violations of state consumer protection statutes and other laws.
[RELATED: CPAP Recall: Philips Hit With Class Action Lawsuit]
The cases are Manna v. Koninklijke Philips N.V., et al., Case No. 21-cv-11017-DJC (D. Mass), Boudreau v. Philips North America, et al., Case No. 1:21-cv-11095-DJC (D. Mass), and Hufnus v. Koninklijke Philips N.V., et al., Case No. 21-cv-11130-DJC (D. Mass), which are pending in the United States District Court for the District of Massachusetts.
If you use a recall Philips sleep apnea machine or ventilator and have questions, contact SGT attorney Zachary Rynar by email at [email protected] or by telephone at (203) 325-4491 for more information.