Silver Golub & Teitell LLP (“SGT”) filed the first class action lawsuit in the United States against Philips-related entities in connection with the Philips Respironics CPAP, BiPAP, and mechanical ventilator recall announced on June 14, 2021. These devices have been recalled by Philips due to the health risks posed by a “sound abatement” polyurethane foam (“PE-PUR Foam”) used to absorb noise in these devices. SGT’s efforts on behalf of users of the recalled Philips devices has been featured in the Stamford Advocate and the New York Times.
Philips North America’s Dutch parent company Royal Philips announced the recall of “specific Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP) and mechanical ventilator devices” manufactured by its United States subsidiary Philips Respironics due to the risk that the PE-PUR 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” on June 14, 2021.
According to Philips, exposure to the PE-PUR 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.
A list of devices subject to the recall (the “Recalled Devices”) can be found here.
To date, SGT has filed six class actions on behalf of users of recalled Philips Sleep Apnea machines and ventilators. The actions are Manna v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11017-DJC (D. Mass); Boudreau v. Philips North America, et al., Case No. 1:21-cv-11095-DJC (D. Mass); Hufnus v. Koninklijke Philips N.V., et al., Case No. 21-cv-11130-DJC (D. Mass); Bartley v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11206-DJC (D. Mass); Adkins v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11361-DJC (D. Mass); and Minder et al v. Koninklijke Philips N.V. et al., Case No. 21-cv-11563-DJC (D. Mass), which are pending in the United States District Court for the District of Massachusetts. Copies of the six complaints filed in this Philips CPAP class action can be found here, here, here, here, here and here.
On October 8, 2021, the United States Judicial Panel on Multidistrict Litigation transferred all actions related to the recall of Philips’ defective devices, including those filed by our firm, to the United States District Court for the Western District of Pennsylvania. The cases have been assigned to the Honorable Joy Flowers Conti for coordinated or consolidated pretrial proceedings.
For information on Silver Golub & Teitell LLP or to set up an interview with one of our partners, please contact:
Director of Marketing & Public Relations
Silver Golub & Teitell LLP