On July 13, 2021, Shub Law filed a class action lawsuit against Koninklijke Philips N.V., Philips North America LLC, and Philips RS North America LLC following a recall of the Continuous Positive Airway Pressure (“CPAP”) and Bilevel Positive Airway Pressure (BiPAP”) machines. The case was filed in the District of Massachusetts, on behalf of a nationwide class. This case and similar cases against Philips have since been consolidated into a Multidistrict Litigation (“MDL”), stylized as IN RE: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, MDL No. 3014.
PHILIPS RECALLED ITS BREATHING MACHINES DUE TO SERIOUS HEALTH HAZARDS
On June 14, 2021, Philips announced a recall of many of its CPAP/BiPAP machines and ventilators, including the following models:
E30; DreamStation ASV; DreamStation ST, AVAPS; SystemOne ASV4; C Series ASV, S/T, AVAPs; OmniLab Advanced Plus; SystemOne (Q Series); DreamStation CPAP, Auto CPAP, BiPAP; DreamStation Go CPAP, APAP; Dorma 400, 500 CPAP; REMStar SE Auto CPAP; Trilogy 100 and 200; Garbin Plus, Aeris, LifeVent; A-Series BiPAP Hybrid A30; A-Series BiPAP V30 Auto; A-Series BiPAP A40; and A-Series BiPAP A30.
The Recalled CPAP/BiPAP machines contain polyester-based polyurethane (“PE-PUR”) foam for sound abatement. Philips announced that this foam may break down and be inhaled or ingested. Further, the PE-PUR foam may emit volatile organic compounds (“VOCs”) that may be inhaled, ingested, adversely affect organs, and are carcinogenic. The manufacturer announced these hazards could result in “serious injury which can be life-threatening or cause permanent impairment.”
WHERE IS OUR CASE CURRENTLY?
On October 8, 2021, the Judicial Panel on Multidistrict Litigation (JPML) announced their decision to consolidate the case in a Pittsburgh federal court in the Western District of Pennsylvania. This decision came after the Panel heard arguments for hosting the case in eight different district courts. When choosing the Western District of Pennsylvania, the JPML cited proximity to where the products are manufactured.
If you purchased a Philips CPAP/BiPAP product listed above and you are concerned about the polyester-based polyurethane foam in the product, please contact us for a free consultation at email@example.com or give us a call at 856-772-7200.