out-of-pocket expenses, including expert reports) may be dealt with in one of two ways. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.ĭisbursements (i.e.
#PHILIPS CPAP MACHINE TRIAL#
This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. July 16, 2021: Plaintiff issues Statement of Claim in the Ontario Superior Court of JusticeĬlass action lawsuits are typically brought on a contingency fee basis. Please sign up if you would like to receive future updates.
Unfortunately, lawsuits take time, and it is not likely that any resolution will be achieved in the near future.
#PHILIPS CPAP MACHINE FULL#
However, this is happening relatively slowly: Philips has advised that this process will take roughly 12 months.įor full details, see their press statement here.
Philips has advised that it will repair or replace affected units in Canada and other jurisdictions but has not yet provided a firm timeline to do so.įor customers in the United States, Philips has begun either removing the toxic PE-PUR foam or replacing older models with their DreamStation 2. On September 1, Philips announced its plans to repair or replace the recalled devices.
We are aware of these concerns and will factor them into our approach in the lawsuit. We understand that this is a difficult decision. This decision should be based on what is appropriate in your individual circumstance, including any medical advice received. We understand that each individual must make his or her own decision about whether to replace the unit with another model, wait for Philips to repair or replace the model, or continue using their existing model. If you are using the device for medical reasons, you should first consult your physician and follow their advice. Since we launched this action, we have been contacted by many people who have asked for our advice on what to do. Any person in Canada who used one of the recalled Philips machines is automatically a class member. We anticipate there are over 100,000 Canadians who use or have used a Philips CPAP or BIPAP machine. We are seeking a full refund or replacement unit for all class members in addition, we are seeking damages for pain and suffering caused by adverse health issues, injuries caused by the direct use of these machines as well as damages for the health care costs incurred as a result. September 7, 2021: This CPAP action seeks to represent class members who purchased and used one of the recalled Philips CPAP or BIPAP machines. Philips CPAP Machine Class Action: Updates Sign up here to receive email updates on this case.įor more information on this and our other class actions, like us on Facebookand follow us on Twitter. The case seeks to represent all persons in Canada who purchased or used one of the affected Philips machines. The Court will decide at a later date if the cases will proceed as class actions. The case seeks to allow the class to return their machines for a full refund, and get compensation for the adverse health effects they suffered and the health care and other costs that they, and the government, have incurred as a result. The plaintiff alleges that Philips negligently designed and manufactured the machines, received complaints and did not properly investigate, knew that the devices were unsafe but did not inform customers, misrepresented that they were safe, and breached health law and consumer protection law. The machines contained a foam to make them quieter, but that foam can cause cancer, respiratory damage, throat irritation, damage to various organs, nausea, headaches, and dizziness.
Philips has recalled allegedly dangerous CPAP machines, BiPAP machines, and mechanical ventilators.
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