CPAP Machine Class Action

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

Court Documents
October 4, 2021
Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“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...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“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...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“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”

Merlo v. R, 2017 FC 533 at para. 34

“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.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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