On October 4, 2021, Klein Lawyers filed a class action lawsuit on behalf of Canadians who purchased or leased airway machines made by Phillips Respironics. This includes Continuous Positive Airway Pressure machines (CPAP), Bi-Level Positive Airway Pressure machines (BPAP) and Mechanical Ventilator machines.
The lawsuit alleges that these airway machines suffer from serious defects that result in the inhalation of carcinogenic materials and toxic chemicals for the users. Specifically, the polyester-based polyurethane sound abatement foam degrades during normal use, releasing chemicals and degraded particles into the air pathway of the device. Users inhale the chemicals and particles and suffer adverse health effects including headaches, airway irritation, cough, chest pressure, sinus infection, nausea/vomiting and toxic and carcinogenic effects.
The lawsuit also alleges that despite their knowledge, Philips failed to notify users or their treating physicians, of the problems and associated hazards of the machines until June 2021. Philips delayed the recall to avoid the financial ramifications of having to acknowledge that their airway machines are unsafe to use.
On April 19, 2023, the Court awarded carriage of this proposed class action lawsuit to another group of law firms who also filed a class action. The lawsuit filed by our firm is currently on hold awaiting the outcome of the other group’s certification application. As soon as a decision is issued by the Court we will update our webpage. The other law firms include:
Rice Harbut Elliott LLP
Suite 820 – 980 Howe St.
Vancouver, BC V6Z 0C8
Sotos Class Actions
Suite 1200 –180 Dundas St.
Toronto, ON M5G 1Z8
Thomson Rogers LLP
Suite 3100 – 390 Bay St.
Toronto, ON M5H 1W2
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”