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. 

If you were a user of one of the Philips air machines in Canada, please fill out our Do You Qualify form.