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Silver Golub & Teitell Files Class Action Lawsuit Against Philips on Behalf of Users of Philips’ Sleep Apnea Devices and Ventilators
July 20, 2021
STAMFORD, CT (July 20, 2021) – Silver Golub & Teitell LLP (“SGT”) has filed a series of class action lawsuits, including the first in the United States, against Dutch medical equipment company Philips (and its U.S. 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.
On June 14, 2021, Philips announced a voluntary recall of “specific Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP) and mechanical ventilator devices” manufactured from 2009 through April 26, 2021 by its United States subsidiary Philips Respironics due to the risk that the sound abatement foam used to reduce noise in these devices may “off-gas certain chemicals” and “degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user.” The recall includes Philips’ flagship DreamStation devices.
According to Philips, exposure to the sound abatement foam found in these devices could cause individuals to experience headaches, irritation, inflammation, respiratory issues, hypersensitivity, nausea, vomiting and possible toxic and carcinogenic effects, i.e., cancer. Philips advised users of the Recalled Devices to immediately stop using the devices and seek alternative treatments.
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, can be found here.
Contact Silver Golub & Teitell LLP
If you use a recall Philips sleep apnea machine or ventilator and have questions, contact SGT attorney Zachary Rynar by email at firstname.lastname@example.org or by telephone at (203) 325-4491 for more information.
About Silver Golub & Teitell LLP
Silver Golub & Teitell LLP (“SGT”) is the leading class action and complex civil litigation law firm in Connecticut. SGT’s philosophy is simple: provide clients with the best representation possible. SGT has earned some of the largest verdicts and settlements in Connecticut history and its cases have had a significant national and impact. www.sgtlaw.com
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