[News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS

[Mustang 85]

Replying to SuperSleeper at post:  http://www.apneaboard.com/forums/Thread-...#pid432863

I received that e-mail in late January, and my brother who is not a forum member received it a few days later. I used a DS 1 APAP until I purchased a new ResMed AS10 AutoSet right after the recall and before the prices online went nuts. I registered my machine in the first days the registration site was open. 

I have so far received 3 e-mails from PR regarding the recall since I registered, but so far have heard nothing about a replacement or a repair.  All 3 e-mails have contained about the same message of pablum as the one posted by SuperSleeper.

[Mustang 85]

Replying to Cathy at post:
http://www.apneaboard.com/forums/Thread-News-RECALL-THREAD-IMPORTANT-PHILIPS-DREAMSTATION-SYSTEM-ONE-USERS?pid=432515#pid432515

“But this is bringing up a third thing that I didn't appreciate at all until now. Which is that as the foam breaks down it generates new surfaces, which chemically react, and a steady supply of new VOCs are produced.”


I recognized this problem from the very beginning of the recall, and have been confused why no one else seemed to be concerned about it. If the foam is going to degrade into an oily mass of mess, it certainly is going to emit molecules as well as particles. 

These foams are polymers.  Polymers are formed by the chemical linkage of hundreds or thousands (or more) of tiny molecular subunits into long chains that can have widely different properties from the subunits. (Ethylene glycol is anti-freeze; polyethylene glycol is used in soft drinks.). As these degrade it is always possible for the polymeric bonds to break down and the subunits to be released. And if the subunits are VOCs, then…..

[HairyReasoner]

New poster here.  Question for this group please about potential consequences of using the Philips Dreamstation.  I started using a CPAP, a brand new Dreamstation approximately February 10, 2021.  I stopped using it very early July when I first got notice of the recall.  I never liked using the CPAP, I felt it restricted my breathing at night but forced myself to use it anyway, for at least five hours a night, to ensure I met the medicare requirements for purchase.

I have not used a Cpap since I stopped using the Phillips, which they just replaced by the way, but I am still leery of again using either a Cpap or especially a Phillips Cpap.

I notice, as I did a few months after I first started using the machine, that I now have a significant amount of mucus in my throat.  Not enough for me to cough, not enough to cause shortness of breath, but sometimes it does seem to make my breathing heavier.  I still exercise regularly, oftentimes intensive cardio, but still can't get rid of this mucus.

I guess I will have to be checked out by my physician, but wondering if this may well be a consequence of using this defective product.  Don't know if the foam ever degraded in the machine, but as i understand it, it produced toxic gasses after only day one,

I also note I am not eligible for the class action lawsuits, which require using the machine for 6 months, and I barely made it to five months.  I am hopeful because there is no evidence the machine used for less than six months can cause any damage, but likely its just an arbitrary cutoff.

Thanks for any information.

This product has been revised and offered with no foam inside at all.

Amazon.com: Filter Assembly Compatible with Dreamstation, Empty Plastic Housing/Air Chamber,Without The Foam. : Health & Household

Have purchased it, installed and tested it. Perfect fit and quiet operation. 
Eliminates the hassle of removing the original foam yourself so it;s a 15-20 minute operation at a slow careful pace.

It's probably a bit safer without the foam, since we really don't know what's in the foam--or the plastic housing for that matter.

[TimaaaaaaaahRocks]

I can’t imagine why anybody would buy replacement foam from some random Amazon seller!

As if Philips/Respironics has been a pillar of integrity and accountability when it comes to product design and patient safety? Why is there a market for DS DiY replacement foam? Because Philips/Respironics failed, miserably. 

At least the Amazon store was honest: "Legal Disclaimer - Statements regarding dietary supplements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease or health condition."

[btreger]

MDL 3014 In Re: Phillips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation


Updated 2/08/2022

Order Making Tolling Agreement Available

Tolling Agreement Law and Legal Definition

A tolling agreement is an agreement to waive a right to claim that litigation should be dismissed due to the expiration of a statute of limitations. Its purpose is typically to allow a party additional time to assess and determine the legitimacy and viability of their claims and/or the number of their damages without the necessity of filing an action. During this period, the parties waive any defense by way of any statute of limitations that would otherwise arise during such period.

TOLLING AGREEMENT
 
This Tolling Agreement (“Agreement”) is entered into severally by and between each of 
the persons listed on Exhibit 1 attached hereto (hereinafter, collectively and individually, 
“Potential Claimant(s)”), though their attorneys listed on Exhibit 1 (“Potential Claimants’ 
Counsel”), and Koninklijke Philips N.V., Philips North America LLC, Philips Holding USA Inc., 
Philips RS North America Holding Corporation, and Philips RS North America LLC f/k/a 
Respironics, Inc. (collectively, “Philips”).

Microsoft Word - Document1 (uscourts.gov)

[TimaaaaaaaahRocks]

A tolling agreement is an agreement to waive a right to claim that litigation should be dismissed due to the expiration of a statute of limitations.

There should be no statute of limitations for these damages. Philips/Respironics sold and profited dearly from an illegally labelled device, for years. The whole 6 months of usage to join a class action lawsuit is another pile of garbage. A single sleep session exposed the patient to toxins. 

As the class action suits get closer to the courtroom I expect Philips to pull a J&J and cut loose Respironics into bankruptcy. Wait for all the suits to be dismissed and buy Respironics back for pennies with zero liabilities. Problem solved.

[btreger]

RE: Tolling Agreement

Philips lawyers have agreed on a form of private Tolling Agreement that 
may be used by Potential Claimants in this litigation.

This would allow claimants lawyers additional time to assess and determine the legitimacy and viability of their claims and/or the number of their damages without the necessity of filing an action. During this period, the parties waive any defense by way of any statute of limitations that would otherwise arise during such period.

[btreger]

With no new news to report on right now, I am left with this new article. I wish there were more stories to choose from.

Forbes Names Philips a Top Place to Work in “America’s Best Employers of 2022” Ranking

CAMBRIDGE, Mass.–(BUSINESS WIRE)–Royal Philips (NYSE: PHG, AEX: PHIA), a global leader in health technology, today announced the company has once again been included in Forbes’ “America’s Best Employers of 2022” list. Philips is one of the top 10 Health Care Equipment & Services companies in the nation to make this year’s list, which features 500 large companies from multiple industries.

Forbes Names Philips a Top Place to Work in “America’s Best Employers of 2022” Ranking - DutchNews.nl

[btreger]

MASS DEVICE

ResMed’s revenue growth off Philips will peak in the present fiscal year, analyst says

Philips was knocked out of the respiratory sleep devices market last year when it announced a serious recall involving millions of bi-level positive airway pressure (BPAP), continuous positive airway pressure (CPAP), and mechanical ventilator devices. At the time, the consensus on Wall Street was that the Amsterdam-based company would be out of the market for at least a year and, in a report today, Needham analysts Mike Matson, Joseph Conway, and David Saxon confirmed that the company is effectively out for at least the rest of 2022.

ResMed's revenue growth off Philips will peak in present fiscal year, analyst says - MassDevice

[ST Dog]

The whole 6 months of usage to join a class action lawsuit is another pile of garbage. A single sleep session exposed the patient to toxins. 

Dosage matters and doubt you could prove a month of usage was a high enough dose to cause problems let alone one night.