Two class-action lawsuits claim that Phillips, who manufactured the recently recalled sleep apnea machines, was aware of the equipment’s defects for some time before notifying consumers. The lead plaintiffs in the lawsuit filed class actions lawsuits in Massachusetts federal court in an attempt to represent other injured consumers throughout the country. These injured individuals argue that the Philips company was aware of the danger to which it exposed individuals due to the company’s use of sound muffling foam which was included in its CPAP and BiPap machines.
The Basis of the Philips CPAP Recall Lawsuit
Each party reports relying on its Philips breathing machines, which were recently recalled due to the potential dangers associated with chemical exposure by noise-reducing foam utilized in the devices. Besides sleep apnea, CPAP and BiPAP machines are used to treat a range of respiratory conditions. These machines work by blowing air into patients’ airways while they are asleep or in need of air. Without the assistance of these machines, some patients are at risk of facing life-endangering conditions, which include heart attacks and strokes. In the middle of June, however, the Philips company recalled its breathing machine due to the discovery of toxins in the polyester-based polyurethane foam, which was selected for sound-reducing qualities.
The Argument Presented by the Victims
The plaintiffs argue that despite the daily need that the victims had for the Philips machines to treat serious conditions, the company has still not announced a specific timeline for either replacing or repairing the recalled equipment. The currently pending litigation also argues that the Philips company knew about the toxins contained in the foam used in the machines long before the company issued its June recall.
Instead of being only recently noticed, the lawsuits argue that the patients have discovered black particles in their machines for several years. Despite warnings of such dangers, the Philips company did not recommend individuals who used its CPAP and BiPAP machines until late April 2021 or recall the equipment until June 2021. The victims who also initiated the CPAP recall lawsuit argue that the recall of the Philip equipment coincides with the launch of the company’s new line of CPAP and BiPAP equipment. The victims argue that this equipment does not face the same challenges as the previously used foam.
The Future of the Class Actions
The current victims join an earlier class-action lawsuit initiated against Philips that accuses the manufacturer of negligence as well as breach of contract, breach of express warranty, breach of an implied warranty, and breach of various consumer protection regulations. Besides the current nationwide classes of Philips CPAP and BiPAP equipment owners, the class action is attempting to represent a subclass of Oregon residents as well as a subclass of New Jersey residents.
Speak with an Experienced Defective Equipment Attorney About the CPAP Recall Lawsuit
If you or a loved one has been impacted by the recent Philips CPAP recall, you should not hesitate to speak with an experienced product liability attorney. Contact Cohen & Jaffe LLP today to schedule a free case evaluation.
For a free legal consultation, call 516-358-6900