Philips Not Replacing Or Repairing Recalled CPAP Machines, Class Action Lawsuit Claims

Philips CPAP Repairs and replacements may take over a year to complete, leaving owners with no option but to pay full price for a newer version

After telling millions of individuals with recalled Philips CPAP machines to immediately stop using their products for treatment of sleep apnea, class action lawsuits allege the manufacturer is failing to provide recall repairs or cover the cost of replacing the defective machines.

In June, Koninklijke Philips issued a recall that impacted more than 3.5 million CPAP, BiPAP and ventilator machines sold since 2009, most of which were part of the DreamStation family of products used by individuals suffering from sleep apnea.

According to Philips, the recalled CPAP machines contain a defective polyester-based polyurethane (PE-PUR) sound abatement foam, which has been found to break down and release toxic chemicals and debris directly into the lungs and air pathways during use, exposing users to serious health risks.

Consumers who rely on the machines for sleep apnea and other non-life sustaining therapy have been urged to immediately stop using the machines and contact their doctors to discuss treatment alternatives. However, the manufacturer has yet to announce a CPAP machine recall repair and replacement program, leaving consumers to potentially pay hundreds of dollars to replace the devices.

According to a class action complaint (PDF) filed last week John Anthony in the U.S. District Court for the Western District of Pennsylvania, Philips has known about these dangers for years, but did nothing to warn patients or doctors until recently.

“[D]espite the recall, Philips is still not actually repairing or replacing affected devices, which many patients rely upon on a daily basis to treat serious medical conditions,” according to the lawsuit that seeks damages for all U.S. consumers. “Since Philips is now telling patients it is not safe to use these devices, but many patients rely on them to treat serious health conditions, Philips leaves many patients with no safe option but to pay full price for a newer version.”

Anthony indicates he began using a DreamStation this Spring, for the treatment of his sleep apnea. However, now Anthony says he is too afraid to use the device, due to the potential risk that respiratory problems or cancer may be caused by the Philips CPAP machine.

“Philips has indicated it may take over a year before it can start repairing or replacing [recalled CPAP machines],” according to the complaint. “Instead, Philips is using this as an opportunity to encourage consumers to buy its second-generation products (at full price). Unfortunately for patients who need to use these devices every day to stave off serious health problems, waiting over a year for Philips to offer some sort of repair is not a realistic option.”

The case joins a growing number of Philips CPAP machine lawsuits filed since the recall was issued, seeking both damages for replacement costs and medical expenses associated with monitoring for injuries that may develop in the future, as well as additional damages for individuals who have already required medical treatment for cancer, respiratory injuries or other complications that appear to be linked to exposure to the defective sound abatement foam.

Given similar allegations raised in complaints filed throughout the federal court system, a panel of federal judges has been asked to establish a Philips CPAP MDL, centralizing and consolidating the sleep apnea machine litigation before one judge.