Philips CPAP And Respiratory Device Class Action

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February 25, 2025

We are pleased to announce that we have partially settled the class action with Philips, subject to court approval. The partial settlement only covers economic losses, meaning that you will only be compensated for your expenses associated with the recall or for obtaining replacement devices. The settlement does not cover personal injuries. That part of the class action continues (discussed below).

The parties only came to this agreement (contract) on February 20. We were not permitted to share any details of the confidential negotiations with class members until the Partial Settlement Agreement was filed with the British Columbia Supreme Court. We did this on February 21 and now can provide class members with this much awaited update.

We will be hosting a series of virtual town hall meetings to provide class members more information on the terms of the partial settlement. Stay tuned for more details on when those town halls will occur, and how to register.

The Partial Settlement

Here is a brief summary of the partial settlement. In total, Philips will pay $20,000,000 to settle economic loss claims. Class members will not get all of this money because it must also pay for the cost of administering the settlement as well as court-approved legal fees and expenses.

Compensation to Individual Class Members

Each class member may be eligible for compensation of up to:

• $125.00 for each Recalled Product that you purchased or owned, plus
• a portion of the amount you spent on a replacing a Recalled Product (“replacement device”).

The amount of compensation you will receive for a replacement device depends on the age of your Recalled Product at the time of the Recall:

• If your Recalled Product was less than 3 years old at the time of the Recall, you will be eligible to receive up to 90% of the Comparable Device Cost.
• If your Recalled Product was more than 3 years old but newer than 5 years old at the time of the Recall, you will be eligible to receive up to 70% of the Comparable Device Cost.
• If your Recalled Product was 5 years or older at the time of the Recall, you will be eligible to receive up to 30% of the Comparable Device Cost.

Comparable Device Cost has been defined by the average costs of the three classes of Recalled Products:

• For the replacement of a Recalled Product that was a CPAP: $1,200
• For the replacement of a Recalled Product that was a BiPAP: $2,500
• For the replacement of a Recalled Product that was a ventilator: $11,835

Depending on the number of class members who make claims, those amounts may be reduced (or increased) proportionately.

This partial settlement is not binding until it is approved by the court. A more detailed notice will be published after the British Columbia and Québec Courts approve the contents of the notice. In the meantime, the settlement agreement can be found here.

The Personal Injury Claims

This settlement does not cover personal injuries, which have not been resolved. We will continue to aggressively advance those claims and will provide further status updates as that part of the claim moves forward.

Next Steps

Dates for the settlement approval hearings will be scheduled with the British Columbia and Quebec Courts and will be provided in the official notice.

The official notice will also explain how to opt out of this settlement, and how to object.

Please note that you do NOT need to register for the Philips replacement program to be eligible for compensation in this proposed class action.

We are receiving a high volume of inquiries regarding this case. We would appreciate that you submit any inquiries through https://cpapclassaction.ca/contact/. Due to the volume of emails and phone calls we are receiving, we cannot return them in a timely manner.

For up-to-date information, news and further details, please visit: https://cpapclassaction.ca/

Thomson Rogers and Rice Harbut Elliott LLP have jointly issued a national class action on behalf of all persons in Canada who used a Philips CPAP machine, BIPAP machine or mechanical ventilator which are currently subject to a recall by the company (please see below for complete list of the affected devices).

On June 14, 2021, Philips Respironics issued a recall notice in the US for approximately 35 models of its Respiratory Devices that were manufactured with a Polyester-Based Polyurethane (PE-PUR) sound abatement foam. Exposure to the PE-PUR foam can have adverse health effects including, but not limited to, increased cancer risk, respiratory damage, asthma, nausea, vomiting, and headache.

As of June 23, 2021, Health Canada recalled all of the subject Respiratory Devices.

It is alleged that Philips Respironics negligently designed and manufactured the Respiratory Devices and failed to warn users of the health risks associated with use of the Respiratory Devices, while assuring users of the safety of its products.

The Representative Plaintiff, John Morel, was diagnosed with sleep apnea and purchased a Philips Dreamstation CPAP machine in 2019. Commenting on learning about the health risks associated with the machine, he states:

“I was horrified to learn that my CPAP machine, which blows air into my lungs, could contain toxic particles. I relied on this device to treat my sleep apnea and I am concerned for my health. I have questions about when Philips became aware of the issue and if this could have been disclosed earlier.”

If you believe you use(d) one of the recalled devices, please complete the Consultation Form below.

PHILIPS CLASS ACTION CONSULTATION FORM

List of recalled devices:

· REMSTAR AUTO WITH SD CARD, A-FLEX, CANADA
· REMSTAR AUTO WITH HUMIDIFIER, WITH SD CARD, A-FLEX, CANADA
· RESTAR PLUS WITH SD CARD, C-FLEX, CANADA
· RESTAR PLUS WITH HUMIDIFIER, WITH SD CARD, C-FLEX, CANADA
· RESTAR PRO WITH SD CARD, C-FLEX +, CANADA
· RESTAR PRO WITH HUMIDIFIER, WITH SD CARD, C-FLEX +, CANADA
· BIPAP AUTO BI-FLEX, WITH HUMIIFIER, WITH SMARTCARD, CANADA
· BIPAP AUTO BI-FLEX, WITH SMARTCARD, CANADA
· BIPAP PRO BI-FLEX, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
· BIPAP PRO BI-FLEX, WITH SMARTCARD, CANADA
· RESTART, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
· RESTAR, WITH SMARTCARD, CANADA
· BIPAP AVAPS, C SERIES VENTILATORY SUPPORT SYSTEM-DOMESTIC
· BIPAP AVAPS, C SERIES VENTILAROTY SUPPORT SYSTEM-CORE PKG, DOMESTIC
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CANADA
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CORE PKG,DOMESTIC
· BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM, CORE PKG, CANADA
· OMNILAB ADVANCED, DOMESTIC
· OMNILAB ADVANCED, DOMESTIC CORE
· BIPAP AUTOSV ADVANCED SYSTEM ONE
· DREAMSTATION CPAP
· DREAMSTATION AUTO BIPAP
· DREAMSTATIN BIPAP PRO
· DREAMSTATION CPAP PRO
· DREAMSTATION AUTO CPAP
· DREAMSTATION BIPAP AUTOSV, CA
· DREAMSTATION BIPAP AUTOSV, W/HUMIDIFIER, CA
· DREAMSTATION BIPAP AUTO SV W/HUMID/HEATED TUBE, CA
· BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CANADA
· BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CORE PKG, CANADA
· DREAMSTATION GO CPAP
· DREAMSTATION GO AUTO CPAP
· DREAMSTATION EXPERT
· DREAMSTATION GO CPAP WITH HUMIDIFIER, CANADA
· DREAMSTATION GO AUTO CPAP WITH HUMIDIFIER, CANADA