A class action lawsuit has been filed in Massachusetts against Dutch medical equipment company Philips to protect consumers harmed by Philips recalled sleep apnea machines, including CPAP and BiPAP machines, and ventilators, which may increase users’ risk of cancer and cause other injuries.
Last month, Philips announced a recall of many of its CPAP and BiPAP machines, which are used to treat sleep apnea, and ventilators, which treat respiratory failure. The recalled products contain polyester-based polyurethane (PE-PUR) foam for sound abatement. It has now been revealed that the PE-PUR foam may break down and be inhaled or ingested and may emit volatile organic compounds (VOCs) resulting in adverse effects to organs, and cancer.
In an announcement to doctors, Philips explained that these hazards could result in “serious injury which can be life-threatening or cause permanent impairment.” Specifically, Philips stated that it “has received reports of possible patient impact due to foam degradation. The potential risks of particulate exposure include headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects. The potential risks of chemical exposure due to off-gassing include headache, irritation, hypersensitivity, nausea/vomiting, and possible toxic and carcinogenic effects.”
[RELATED: Are CPAP Filters a Viable Interim Solution for the Philips Recall?]
The complaint alleges that Philips knew about these substantial and material risks from its CPAP machines long before the recall. The complaint also alleges that patients who used the affected devices have complained to Philips about black particles in their machines for many years, but Philips did not warn the public about the hazards until late April and did not recall its machines until June 14.
“This important class action lawsuit seeks to recover all damages suffered by consumers who purchased the recalled CPAP devices, and have Philips replace them free of charge with safe and effective devices,” Shanon Carson, plaintiffs’ attorney and managing shareholder of Berger Montague, said in a statement. “Our clients and the many patients who have contacted us should not have to deal with finding out that they have been breathing volatile organic compounds harmful to their health. It is outrageous and we look forward to fighting on their behalf to obtain a resolution with Philips that provides damages for their economic and personal injuries.”
Which machine. I have the Panasonic Dreamstation
It’s the philips dream station and if you go to philips website, you can type in your machines serial number to find out if your machine is effected
My CPAP is on the recall list. I called Phillips to confirm. They said “they would replace the unit when they get replacement machines available and don’t know when that will be.” The problem is that with my current medications I cannot discontinue use of the machine.
I understand that the “So Clean” cleaning device that Phillips recommended as well as my CPAP supplier, may be adding to or be cause for the problem.
I have had CT scans done for nodules on my lungs that have indicated cause for concern. Two are spiculated masses.
No one can answer why I’ve been having so many breathing problems. Now it’s starting to make sense!
iI JUST GOT A UPDATE FROM FROM 2 MONTHS AGO WAITING FDA TO APPROVE ON NEW FOAM MEANING PHILLIPS DOES NOES NOT KNOW IF MACHINES WILL BE REPLACED OR WHICH WILL BE REPAIRED!!!!!!!!!
WELL MINE I AM GIVEN A BRAND NEW MACHINE IN SEPTEMER WELL HERE IS THE PROBLEM THEY ARE ARE BLAMING MEDIARE SAYING THEY ARE DENYING ME IT BECAUSE ISHOULD NOT GET #1 THEY DO NOT PAY ANYTHING FOR MY MACHINE MY HEALTH INSURANCE PAYS A PRT AND I PAY THE OTHER WELL NOW I CALL MEDICARE AND IT IS LIKE A ZOO..
THEY ARE SAYING MY INSURANCE WILL MAKE DECISANCE IN 30 DAYS THE IF IGET A NEW ONE FORGET I WILL SPEND 750 AND BUY NEW ONE MYSELF THIS IS TO MUCH STRESS FOR ME I AM 67 YRS OLD AND HAVE 8 PAIN PILLS AND GET BACK SHOT MONTHLY INSURANCE JUST WANT U TO CAVE .. THEY ARE JUST USING PEOPLE SO THEY DON’T HAVE TO PAY
I saw my previous cpap I used several years on the recall list. I developed chest congestion I now have a ResMed, I take 3 breathing treatments every day and I have additional inhalers. They have never decided why I have such a persistent problem
No doctor has been able to find the reason for my persistent chest congestion machine PO46333 13. F7E3
I have a dream station I went to website it allowed me to put my serial number in all the web site said that someone would be contacting me in the near future
I have a Philips Dream Station, I have numerous issues that may have come from utilizing this Machine I looked on various sites regarding legal advise and it seems that the law offices are ONLY handling cancer issues. Therefore does that mean all other medical issues will not be addressed if this machine was the cause of the problem? I have medical documentation that can back up my claim, and what are we supposed to do for a breathing device in the meantime because everything seems to be on back order. I am just finding out about the recall and this whole situation is a complete mess it seems like there is minimal concern for the users.
I have the Trilogy 200..Phillips Resperonics.
i want to know how i can join in this class action lawsuit cause my dreamstation cpap was affected too and it has cause my asthma to get worsen and caused violent coughing fits and its unknown if it’s affected anything else. and its irritating that i can’t even get a good sleep which is affecting my daily life now
I would also like to join this class action lawsuit. I have a DreamStation cpap and have had sinus infections, severe coughing that no one seems to be able to treat and was just told I have asthma. I have nodules in my right lung and will be seeing my pulmonologist in August so he can refer me for PET scan.
I was diagnosed with AML 3 days ago. I have a Phillips Cpap machine. I went to my Cpap provider and they told me they’re out of Cpap machines. Should I file a suit???
My C-Pap machine is affected by the recall. I was diagnosed with lung cancer in March of 2018. This resulted in the removal of one lobe and now montoring and C-scans for five years. I am now having throat issues which include irritation, raw and sore with difficulty swallowing. I have terrible coughing attacks. Doctors acknowledge these conditions exist but have not offered any resolution o r reason why. I am interested in a class action or individual lawuit and would like any information available at this time on the legal issues. I intend to persue this and will be seeking any information or direction related to this issue.
The reason for VOC and particular matter is the foam inside of your machine that is polyesters at the right temp that you’re humidifier gets to the temp will off gas the foam material inside your air flow box.that’s what off gasses from the foam Is TOLUENE.you ask the doctor for a urin test that will test for TOLUENE.it’s harmful to organs and tissues.
I called Philips and my CPAP unit is one of them affected. Since, the DME will not replace my CPAP machine with another appropriate one. I, definitely, want to be a part of the class action suit. I am angry and frustrated that the local DME will not change my CPAP to a less damaging one to my lungs.
2012 is When I Started Using CPAP Machines, I’m Suffering From a lot of Systems… Just Never Put it with the CPap … I’ve Done Had Many CT Scams Etc…. So Yes What Do I Need To Do To get With Class Action Suit ….
My CPAP was recalled so I am not using it anymore. What can I do to join the class action suit against Philips? They won’t even answer my calls or inquiries.My E-Mail is [email protected] .com
Contact Me Please Thanks
I will like to join this lawsuit. Been using dreamstation machine for about a year and half.
I been experiencing Respiratory issues since i got my machine back in April 2019.. I been coughing and its hard to get any phlegm up always feels like something is there.. It seems like it is never getting any better..I got another appt. with Drs on July 22nd and i am going to mention it to her again about the DreamStation recall ..I told her way back in the fall on 2019 that i thought it was from using the cpap but she said no your not cleaning it good but i was… I might have answers now and can get this lung (always so raspy )issues on track.. Praying nothing serious it affected.
I have been using the sleepmapper one for 5 years
Contact me please would like to be apart of lawsuit
I have been using this dream CPAP machine for almost 3 years. I would wake up coughing and sometimes chest hurting. I’ve also had some shortness of breath and I would use my daughters nebulizer or inhaler occasionally. I don’t have asthma at all. I didn’t think my CPAP machine would be the cause but now this explains why these type of symptoms were appearing. I also developed a small cyst on my thyroid. Now Ive had to stop using the CPAP machine and that is a huge inconvenience and problem. They don’t have any alternatives and this is bizarre to have people not able to have the proper equipment while sleeping. I need to be a part of this lawsuit.
I would like to join class action suit as well. I have a dream station
I too have been coughing since I received mine less than a year ago. I felt like my lungs were filling up with fluid and I couldn’t breathe. I even ended up in the Urgent Care where I again complained that I thought it was the machine. I then had my pulmonary doctor tell the company that issued my machine to turn off the moisture, which they did. They also put my pressure on auto thinking it was too high of pressure. I stopped using it finally. I still wheeze and cough at night sometimes uncontrollably. My family doctor was the one that told me today about the recall. I have registered my machine on the Philips site. I plan on being in on the class action lawsuit as well. I need Information on how to do that. Thank you in advance for your help.
Philips wants us to discontinue use immediately, but they do not offer replacement options.
I’m more afraid of suffering a heart attack from NOT using the machine than the risks of using it .. which is also wreaking havoc on my mind while trying to sleep.
So with sleep meds and a CPAP machine, i should be well rested but its almost worse than ever since this recall came about.
I too would love to join this Class Action lawsuit .. and i will tell you right now, i will NEVER use another Philips machine .. ever. They have their hands in too many things. I’ll stick to those that only handle sleep machines.
Just my pennies
i new this machine had a problem when i use machine didn’t breath good now i have sinus infection in my nose is not good thats why i stop using this machine when using it i think i was going to die i allways told my doctor about this problem he told me everything was ok
Please let me know how to join the lawsuit. I too have a defective unit and my Medical care can’t order another brand until mine is Obsolete. No instructions for where to return it or replace unit.
Need info pls and thanks – lung issues
I’ve been using the Dreamstation clap machine for years and I will not use it anymore. How do I get it replaced with a new.safe clap machine? I have severe sleep apnoea and I am very concerned about any damage to my health!
Just diagnosed with liver cancer. Surgery in 2 weeks. I have resmed machine. And been using a soclean. Been seeing dark particles in my water bath daily. Went to my medical supply store , told them and they told me to stop using machine immediately and wanted me to buy a new machine. Called my doctors office and they told me resmed sent out letters stating not to use So clean. And if I did I would be responsible for purchasing a new machine. Went back to the medical supply and they told me there was No letters sent out. Since on the machine it says owned by Perkins Medical Supply Co. I thought maybe the letter was sent to them since I did not receive No letter. Medicare paid for the machine and will not replace one for 5 years. If they knew about this problem I should of been notified. Now I have liver cancer and surgery in 2 weeks. Help
Please reply. Would like to be part of lawsuit. I was never notified and heard about problem incidentally. Sleep Institute will not answer ny calls, I uses machine on and off 2 years and stopped immediately. They wouldn’t tell me what “serious medical problems” were caused
Please include me in class action law suit. I have discontinued use since i received the recall notification. Prior to notification i was suffering from severe sinus infections that have since gone away after I stopped using it. I am waking up in the morning with a headache and a sore throat due to lack of oxygen but i am not going to use a CPAP that i have have been informed could cause cancer and other types of illness. After multiple conversations with a Phillips rep and filing a complaint, nothing is being done and I keep getting told the same thing ” sorry there is nothing we can do at this time. Phillips is very non-committed to patients are solving the issues at hand. I am also experiencing being tired during the workday since i have stopped using it,
Please contact me about the recall of the Phillips dream station. My device is affected and would like information about how to get in on the lawsuit.
I am very intrested in who to contact regarding class action lawsuit. I have severe apnea and company will not replace even with a doctors order. My daily living has been affected. I am exhausted and can not function due to not sleeping properly.
I used the philips dream station and had health problems which I’m currently addressing
Shortness of breath cardiac pain headaches also severe chest inflammation that felt as if my chest was tearing or ripping sensation
I feel that the manufacturer had long past knowledge of the potential health hazards and chose to do nothing.
I would like to join the class action suit
Their site said my serial number was not one affected. I could not save the page. I had to copy it a paragraph at a time. The one above the serial number box, then the serial number and finally the paragraph saying my serial number was not affected. I pasted each in turn to a document that I saved to have proof they told me this. I suggest that all do so. The fact that they do not send confirmation of the negative results and that they make it so hard to copy and paste makes me very nervous.
due to being a computer klutz, I went back and re-entered my serial number on a fresh page from Phillips. This time it said that my machine was affected. So, now, I have no idea what to do. I did register with Phillips.
I entered my SN two times on two different windows for the Phillips site. One said “not affected” the other said it was. I doublechecked the SN both times. I did register with Phillips.
My cpap machine is part of the recall. Experiencing severe respiratory symptoms. Would like to take part of the class action suit.
I was never notified of this recall which is just horrible..seeing cancer runs in my family..my mom died from lung cancer, one sister had breast cancer and my other sister had thyroid cancer…not happy i was not even notified!! I only found out due to calling my suppliers for my cpap machine to make sure my doctor had the data from them i sent them..they told me. This was july 13,2021. Then registered my machine and it was recalled but dont know when it would be replaced that they would get a hold of me. Meanwhile discontinue use
So now i worried am i going to die one night because i stop breathing during my sleep…this is nit right to rectify this sooner then later.. Please get a hold of me thank you
I’ve been using the Dreamstation for 3 years now and I had noticed small particles in the water prior to the recall months before and wonder if that was foam now?! I just dumped the water like I always did, rinsed it out and used it at nite. I have obstructive sleep apnea, snore terribly which I hate to admit and need to use the CPAP machine. I already suffer with high blood pressure, don’t need anything else and need this machine. Without the machine it can be more harmful to my overall health because I am unable to get sufficient sleep, am tired all the time, have constant sore throats, coughing lately (not sick) and definitely am not breathing properly either. I feel out of breath all the time, have ongoing headaches because of not using the CPAP, nose irriation and my blood test has some sketchy things in it that need to be evalulated and am wondering if it is because of this. Is there going to be further information, monetary compensation or help? I need the replacement ASAP, it is detrimental to my health and others.
I want to join the class action. Please advise
PLEASE CONTACT ME IN REGARDS TO CLASS ACTION SUIT , MY MACHINE BURNED THAT FOAM A YEAR AGO AND HAS BEEN LEAVING FILTERS BLACK EVER SINCE , MY DOCTOR HAD NO IDEA AND THOUGHT IT WAS SOMETHING IN MY ROOM
From this page, it appears you have already filed a class-action lawsuit. Does that mean no one else can join?
I would like to join the Recall Law Suit please email me who I need to file With [email protected]
My husband registered his recalled his Phillips CPAP machine. When he called his supplier last week, he was told that whether or not he uses it is up to him! That’s pretty astounding since people have been notified that it can cause cancer, etc. Of course many people have never been notified.
Has anyone found out anything about the lawsuit? I would also like to register.
I would like to find out more about this class action suit because I use the Phillips DreamStation. I would like to register to be in this class action suit
How do I join the class action suit, my machine was affected and I was wondering why I was experiencing a cough with chest tightness. Please contact me.
Please do contact me I would like to join in the lawsuit. I need my CPAP and they cannot change?
Thanks for the article, however due to incomplete information I see readers are trying to find out more contact information. I have two machines and did upload them on the Phillips site for recall, My lungs have been affected and awaiting any response as yet. With the current weather in Canada, it’s not getting better. I hope we all have resolved soon and cannot afford another cardiac arrest.
I sympathize with the other readers and hoping you can give us some more information.
I have a Phillips dream station that is affected by the recall, what do I have to do to get in on this class action suit? I called Phillips to register my machine to make sure that they knew I had when I was affected by the recall and ask them what I needed to do and they said discontinue use of the CPAP, I can do that but that will affect my every day life and they would not recommend buying a new machine and said they had no comment on that , So I’m not sure what to do at this point.
I have the Phillips dream station and have been using it for 6 years. I have developed a cough amd grunting throughout the day and it makes me irritable. I’m upset because o have not received any calls or emails since filling out the questionnaire. I continue to get redirected to the website. My other problem is that they knew how much damage this would cause and at this time no one can tell you when? or how? this problem would be taken care of. I have nodules on adrenaline glands and kidneys and I know for a fact this can’t be good. Frustrating to know that you can’t use the machine which this is the only way to get rest and no one is telling you anything. I will be joining the class action because it seems this is really going to be drawn out for a long period of time affecting so many. Help!
I just received notification on my CPAP machine recall on Saturday 8/7/2021. I would also like to know how to be placed on the “class action list.”
My husband and I each have one and would like to join the class action suit. We paid so much for these machines, there are no updates on what the fix is and we cannot go without.
Stay classy respironics, stay classy.
Why doesn’t this article provide site to sign up for the class action lawsuit? Be helpful please.
Or is you have registers with Pholillips and your machine has been recalled do we do nothing and we are included automatically in the class action lawsuits? These are questions that need to be answered.
Please give me the appropriate information I need to receive compensation from the class action lawsuit. Philips responics has been negligent and all using this device were harmed and need MORE. Please let me know where to go and what to do next. This is terrible 😞.
My husband has had sever issues the last year, how do we join the lawsuit?
I developed a terrible sinus problem and chest congestion over the past few years. It got to the point that I elected to have sinus surgery to clear up my nose, congestion and hopefully my cough. Needless to say that did not work in fact it progressively got worse. In fact I lost all of my sense of taste and smell.
Recently I made an appointment with my DR. to discuss my BIPAP. This was a virtual visit and she initially said that I didn’t sound very good. After explaining my struggles she asked if I was aware that my Res Med (Phillips) machine had been recalled. I explained to her that at the same time I received notification of our appointment I also received a recall notification from Phillips.
I explained that I thought she had sent it to me but she said she had not and that the units had been recalled for some time and she thought I should have received notification sooner. After explaining my troubles she said that I should immediately stop the use of my BIPAP machine as she is concerned it might have a direct impact on my current struggles. She said that I also needed to contact Phillips and confirm my machine is on the recall and get in line for a replacement unit. My CPAP is on the recall list. I called Phillips to confirm and they said “they would replace the unit when they get replacement machines available and don’t know when that will be.” When she heard that I was also using the So Clean she said that it also could be compounding my issues. So now I am struggling to sleep at night without the use of my BIPAP machine however I seem to be getting a little of my smell and taste back. As for my congestion in my nose and chest I am still struggling.
I am wondering how I can sign up for the class action lawsuit and am also wondering if there has been any investigation into adding the so clean machine to the list of attributers to my failing health problems?
I have seen others are having very similar issues and as someone else has said “No one can answer why I’ve been having so many breathing problems. Now it’s starting to make sense!”
My father died from breathing and lung problems after using philips cpap
My cpap is on the list for possible carcinogens. How do I get involved with this lawsuit?
I have been using the dreamstation for 2 -3 years. I heard about the recall from a friend, but my serial number didn’t qualify. I think they have broadened the scope now. However, I did realize that the humidifier has its own serial number. Once I typed in the one on the actual machine it told me to register. Many times I didn’t feel like I could breathe through my nose enough to keep my nose covered. I have had allergies, but they have been especially bad the last couple years. Filled out the registration and wait.
**Does anyone have the virtuclean?? my doctors office said to discontinue it immediately. I paid $300 out of pocket because I thought I would be better off with the sanitizer. Anyone know of a recall on that? I have several supplies also that would not likely fit a new machine. Lots of money wasted.
I was advised that my Phillips dream station machine, that it is one that was recalled. Then I received a email from [email protected] that their company is strictly following known polices from the payers as they existed before the recall which is to provide replacement machines for patients with machines that are at least 5 years old. and they are unable to move forward with providing a replacement for my device as it is less than 5 years old. . I was also advised that with the worldwide machine shortage in place they do not have the inventory to supply replacements machines for all the affected patients. They are also not offering devices as cash-sales due to their limited inventory. Ultimately they have to wait for Phillips to fulfill their obligation to replace the recalled machines
How do I get involved with this lawsuit