Lawsuit Claims Philips Trilogy Machine Caught Fire, Causing Severe Facial Burns

Philips Trilogy ventilators have been included in a series of recalls issued for millions of defective CPAP devices in recent years.

A federal judge cleared the way last week for a lawsuit to proceed against the makers of the Philips Trilogy ventilator, which alleges the device’s defective design caused it to catch fire, resulting in severe burn injuries.

The complaint (PDF) was originally filed in the U.S. District Court for the Eastern District of North Carolina in early November of last year by Shenna Coles, on behalf of the estate of Sheila Washington. The lawsuit, which named Koninklijke Philips N.V. and its North American subsidiaries as defendants, presented claims of failure to warn, design defect, breach of warranty and negligence.

Washington, who has since died due to an unrelated illness, was using the Trilogy device for the treatment of her sleep apnea in November 2021, when she suddenly awoke to discover the mask on her face was on fire, the lawsuit indicates. The blaze then spread to the rest of her home, burning it down.

“Plaintiff suffered second degree burns on her face and lost her home as a result of the Trilogy Machine catching fire,” the lawsuit states. “Plaintiff’s burns, resulting treatment, and need for future medical care and treatment would not have occurred but for the defective nature of the subject device and Philip’s wrongful conduct.”

Philips filed a motion to dismiss the complaint, challenging Coles’ standing as the executor of Washington’s estate, after Coles missed signing a key document because she had moved out of state. Because of this, the manufacturer argued that Coles could not pursue damages on Washington’s behalf.

However, U.S. District Judge Terrence W. Boyle, of the Eastern District of North Carolina, issued an order (PDF) on May 23, denying the motion, noting that Coles had lawfully regained her legal representation.

“The Plaintiff has indeed cured such defects here. She has petitioned to reopen the estate, and obtained new letters of administration. She has ratified the proceeding of this lawsuit by continuing to file papers and to participate in its prosecution,” Judge Boyle wrote. “And, finally, there is no meaningful prejudice to the Defendants — Coles has been the named representative from the beginning, the parties are currently participating in mediation, and no discovery has yet commenced. The existence of this suit, and the participation of Plaintiff Coles in it, cannot come as a surprise.”

Philips CPAP and Breathing Machine Recalls

As part of the evidence to its defective design, the complaint notes that the Philips Trilogy was part of a series of Philips CPAP and breathing machine recalls issued in 2021 after it was discovered that toxic sound abatement foam inside millions of devices may break down and release toxic particles into the air pathways.

Thousands of Philips CPAP lawsuits were filed by former users left with severe lung damage, respiratory injuries and other injuries.

In September 2023, Philips announced it will pay at least $445 million in a CPAP recall class action settlement to individuals who bought, rented or leased one of the impacted devices, and another $34 million to health insurance companies and others who paid to reimburse users to replace the machines.

To resolve personal injury and wrongful death lawsuits, the company also announced a $1.1 billion Philips CPAP recall settlement agreement in April 2023, effectively ending litigation over problems linked to the defective sound abatement foam at issue in the 2021 recall.

In addition, the company has agreed to pay $25 million to resolve a class action lawsuit over the need for patients who once used the recalled devices to receive medical monitoring.