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

[btreger]

 I would really appreciate knowing where I can find the statement that says that.

FIERCE
Biotech

Philips reaches first settlement in class-action CPAP lawsuit

In a statement sent to Fierce Medtech, lawyers for the class action's plaintiffs said the company will start by paying at least $479 million into a settlement fund, with that number increasing as more recalled devices are returned. The device payment awards will range from about $55 to $1,552, plus another $100 for each device returned to Philips and additional awards to reimburse the costs of replacement devices.

Philips reaches first settlement in class-action CPAP lawsuit (fiercebiotech.com)

This and other information on this subject have been posted on this thread going back 6-8 months

You can also watch watch a video

https://www.youtube.com/watch?v=5XEqeRpjnYw

[KSMatthew]

I am talking about being totally reimbursed for the cost of the CPAP machine that we purchased to replace the Philips CPAP that was recalled. 
 
The following is from the top of page four of the proposed class action settlement, by the heading Device Replacement Award.  It says "you may be eligible for a Device Replacement Award."  If Philips stated in the proposed settlement that the "award" was a total reimbursement for all that you spent, up to $1500 for a replacement CPAP then I sure missed it,  I would really appreciate knowing where I can find the statement that says that.

Yeah, I keep hearing about it but can’t find anything specific that says “this is how much you will get reimbursed for what you spent”. There seem to be a lot of weasel words like “certain individuals”, so I’m still waiting for a real number.

In one of the links above, there’s a reference to a release from Philips.  Here’s what Philips said:

https://www.philips.com/a-w/about/news/a...ation.html

I won’t assume, based on that, that everyone will be reimbursed 100%.

[Old Steve]

Fierce
Biotech

"The device payment awards will range from about $55 to $1552".   Doesn't this refer to payment awards for the recalled machines, not the replacement machines that we paid for out of pocket?

The closest thing I have found as to an actual settlement is on page ten of the Proposed Class Action Settlement. Under How Much are the Device Replacement Awards for Users.  It says that the amount of the Device Replacement Award will depend on the amount paid by the user.  Please note, that they do not say they are reimbursing for the actual amount paid by the user for the replacement CPAP.  For all I know they Philips might be paying 10% of the amount paid by the user.
 
 I may be nitpicking, but I would like to know for sure what I am getting prior to filing a claim and returning the almost new replacement DreamStation2 to Philips.  





  

[btreger]

 I may be nitpicking, but I would like to know for sure what I am getting prior to filing a claim and returning the almost new replacement DreamStation2 to Philips.  





  

If Philips gave you a replacement DS2, then you would get $100 for returning it

[drwoodr]

I just called the number on the Patient Portal inquiring about my DS GO in light of the announcement that it has been discontinued. Last July, I opted to receive a replacement instead of taking the $500, a decision I now regret. They know nothing: "This is just the registration number and I have no other number to give you". I asked if the $500 offer was still on the table, and was told no, it is not. All they do is refer you to the patient portal. (I actually called the number 3 times, and was told the same thing twice and was disconnected once.)

Now I'm wondering if I don't get a replacement and return the old DS GO by the August deadline that I won't even get the $100.

[Old Steve]

Btreger,

My original DS was recalled and returned to Philips.  I purchased a new ResMed10 on line for $974.00.  A few months later Philips sent me a new DS2 as a replacement for the DS they recalled.

I am not talking about returning the original DS for reimbursement, Philips already has it and has had it for quite some time now.  

Btreger, 

Please peruse Page ten, Section ten of the NOTICE OF PROPOSED CLASS ACTION SETTLEMENT that was mailed to us.

Section ten is titled, HOW MUCH ARE THE DEVICE REPLACEMENT AWARDS FOR USERS?


...Section Ten has to do with my and I am sure others situation on the Apnea Forum, we purchased a replacement CPAP or BiPAP before we got the replacement for our recalled machines.  Philips says that they will give us a Device Replacement Award that will depend on the amount paid by the user to purchase, lease, or rent the Replacement Device.  

 The question we have has to do with the amount Philips will pay us, is it the full purchase price we paid for our replacement machines, or is it something else.    Just saying that they will give us a Device Replacement Award that depends on the amount we paid is not clear.  One of the meanings of the word depends is based on.  Anyway, I don't know if this is some sort of legalese or that Philips just isn't being clear.  

If you get a chance look over Section Ten and and let us know what you think.

[btreger]

Btreger,

My original DS was recalled and returned to Philips.  I purchased a new ResMed10 on line for $974.00.  A few months later Philips sent me a new DS2 as a replacement for the DS they recalled.

My last response
Let me be crystal clear on this, I am offering my interpretation of the packet of information sent out. This is based on the posting of numerous articles that have come out on this subject over the past year.
1. If you fill out the forms, you must return the DS2 and receive $100. Don't assume Phillips forgot about it.
2. For the ResMed10, you will need a purchase order for $974. 
Per the rules, if you do everything correctly, Philips owes you $1074

[Old Steve]

Btreger,

Thanks for your help, $1074 is what I figure too. 

[WakeUpTime]

In 2021, after Philips had previously stated in 2020 that its recalled devices were unsafe to use, Philips reversed that statement.  Now, we learn that the FDA had instructed Philips that this Philips updated claim was inaccurate and not independently and thoroughly proven true.  The article further suggests that Philips may have taken those actions to support its dramatically declining stock price.  

I'm also guessing that Philips knew they were unable to provide replacements in a timely manner due to supply-chain issues.  The easiest solution was to find any way to have a significant percentage of current recalled device owners merely continue to use their faulty devices, of course with the support of their unknowing doctor (with no experience in the potentially toxic foam breakdown).  I don't blame those doctors at all though.  I'd use anything for CPAP rather than no CPAP for even one night.  However, the truth of the FDA's pushback should have been disclosed to faulty device users.

"FDA Repeatedly Rejected Safety Claims Made by Philips After the CPAP Recall but Waited to Alert the Public, Emails Show"
As Philips reassured patients that millions of recalled machines were safe, internal emails show federal regulators privately told the company its testing didn’t account for the impact of long-term harm from tainted devices.
https://www.propublica.org/article/fda-r...mails-show
February 9, 2024  |  ProPublica (etc.)

In the winter of 2021, with its stock price plunging, lawsuits mounting and popular breathing machines pulled from the shelves, Philips Respironics made a surprise public announcement.

The company said the sleep apnea devices it had recalled only months earlier had undergone new safety tests and did not appear to pose a health threat to the millions of patients who relied on them to breathe.

It was a remarkable reversal for the global manufacturer, which had drawn headlines after admitting that an industrial foam placed inside the devices could break apart in heat and humidity and send potentially toxic and carcinogenic particles and fumes into the masks worn by users.

The new results, Philips said, found the machines were not expected to “result in long-term health consequences.”

But a series of emails obtained by ProPublica and the Pittsburgh Post-Gazette show the Food and Drug Administration quickly rejected those safety claims, telling Philips that the new tests failed to account for the impact on patients who had used the devices for years. The FDA also said it still considered the machines a significant health threat that could inflict severe injury or even death.

“These tests are preliminary,” the agency told Philips. “Definitive conclusions cannot yet be drawn in support of reduction in hazards.”

[TimaaaaaaaahRocks]

https://www.propublica.org/article/fda-r...mails-show
February 9, 2024  |  ProPublica (etc.)

"The debate (over test results) was captured in internal communications, some of which have been turned over to the Department of Justice. The DOJ has been carrying out a criminal investigation, according to sources familiar with the probe and a document reviewed by the news organizations."



PA Title 18 § 2504.  Involuntary manslaughter.

(a)  General rule.--A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.

(b)  Grading.--Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.