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

[mug3n]

...although Slater and Gordon have been reported as telling a prospective client that they have looked into the case and decided that, under Australian Law, the prospect of winning is not good enough for them to run the case as a Settlement Funded action.

Wonder how that'll affect other class actions around the world.

I have a town hall meeting next week with the firms that are putting together the CA in Canada, might put that question to them.

[Moriarty]

Wonder how that'll affect other class actions around the world.

Every country has different laws.  IANAL but I have read that Australian damages and compensation law generally seems to need evidence of actual and specific damages or loss. Trying to sue for potential or possible loss or damage in advance is almost impossible.   

OTOH - Australian consumer law provides a refund for items not fit for purpose.  it not 'damages' but for many folk here it has allowed them to move on with another brand.

[Dafod]

OTOH - Australian consumer law provides a refund for items not fit for purpose.  it not 'damages' but for many folk here it has allowed them to move on with another brand.

Unless you bought your equipment in the US for 1/3 of the price and carry it back home to Australia 

[HairyReasoner]

My brand new DS1 unit was in-service for less than 1 year when the recall was announced.  I registered the DS1 on 6/16/21 and today - 3/23/22 - a replacement DS1 blower unit  with  a User Manual and instructions, 1 extra-fine pollen filter, return label and packaging tape strip were delivered to my porch.   Not included: a modem, humidifier, power supply, power cord, and tubing.  The shipment was double-boxed with instructions to return the original blower.

I get that these components were not affected by the recall so was not surprised that only the blower was provided.  On the bottom of the refurbished unit is a  prominent label: "Recertified Device".

Originally, a brand new device with an expected life of 5 years was provided to me from my DME, yet this recall replacement is refurbished, not new. For the refurb, I have no idea what the remaining usable life of the motor actually is. The limited warranty for the refurbished unit is stated to be two years, so will it start whining in 2 years plus 1 day?  And, with their demonstrated capability in managing this recall, who knows how long it would take Philips to provide a serviced or replacement unit under their "warranty"...weeks, months, years?

One of the included docs titled "Basic Setup & Return Instructions" had the following statement "...Failure to return your original device to Philips could result in your being billed for payment of that device, as you now have two devices, but only paid for one." - yeah right.  The FDA has determined that the first device manufactured by Philips was defective and unsafe to use so I possess one, not two usable devices.

After receiving the refurbished blower, I was intending to return the original so another victim could get a refurbished unit, but now I have even less trust in Philips who cheapened this process further with their invoicing threat. The "fine print" on this doc advises that "...your affected device may be destroyed  or refurbished" - Philip's own words in the footnotes. Sounds like "destroy the evidence" to me.

I expect that a real lawyer could put a monetary figure on the extended apprehension I felt by not knowing when I was to receive a replacement unit to resume my CPAP treatment.  Eventually, out of desperation and for lack of meaningful status reporting from Philips (until recently forced to do so by the FDA), I eventually purchased an out-of-pocket replacement machine so my health would not be at further risk. I suspect that the figure would be much more than the salvage cost or invoiced amount for the unreturned original machine.

So that summarizes my experience with the Philips recall.

-Aero Man

I'm in a similar spot.  My machine was only used for about 6 or 7 months prior to the recall.  I have the added wrinkle that I also paid extra to purchase the 5 year extended warrantly, and I'm sure the replacement machines have, at most, a 2 year warranty.   I don't know how that will transfer to the replacement machine, but if they won't do that I will consider they are not making me whole, and I am thinking I'll tell them I'm not sending back the old machine until they do make me whole in that regard. If they won't transfer the warranty, I'm justified in keeping the old one for spare parts in case the replacement machine develops a problem with a circuit board or something that should be covered under warranty, but isn't because they wouldn't transfer the warranty. 

The way I look at it the value of the machine I'm not sending back can't be worth much, if any, more than the $90 cost of the 5 year warranty.  After all, it's a used machine (albeit only for 6 or 7 months) with no humidifier, modem, power cord, hose, etc, and dangerous foam that needs to be replaced.  How much can they bill me for that?

My backup machine is also under the recall, so I also may wait to send back until I have received the replacement for that.  Otherwise, in keeping with the words on their note you cited, I will have paid for two machines, but only have one.

[Moriarty]

Philips in Australia at least warrant the replacement DS1 for the balance of the original machines warranty - or 2 years whichever is the longest.


As for being worried that Philips want the machine to destroy the evidence - the far more likely reason for wanting the machines back is to make sure that potentially contaminated or dangerous machines don’t find their way back into service in an untraceable way…. They may have been slow to accept responsibility the first time - they would not want to held liable for the same defective machine a second time with a different owner.

[cathyf]

Yeah, unfortunately I can easily see how people would garage sale and craigslist the recalled machines.

[mug3n]

Every country has different laws.  IANAL but I have read that Australian damages and compensation law generally seems to need evidence of actual and specific damages or loss. Trying to sue for potential or possible loss or damage in advance is almost impossible.   

OTOH - Australian consumer law provides a refund for items not fit for purpose.  it not 'damages' but for many folk here it has allowed them to move on with another brand.

Gotcha.  So it seems existing consumer laws in Australia is more or less "comprehensive" enough, at least for people that haven't developed respiratory issues or cancers allegedly due to the foam problem.  Should be interesting to see how all this plays out.

[Mosquitobait]

Just wanted to report that my brother received his DS1 Bipap replacement today. It was another DS1 Bipap. I put in his details on June 22 for both the DS1 and System 1 bipaps. There was no advance message/email that it was on its way. No word on the replacement for his System 1 Bipap. USA.

At the time of the recall in June 2021, his bipap was just over a year old.

[DaveCar]

DS2 Philips replacement arrived in Ontario Canada finally. Found that these new DS2s are "auto" as well, so thats a plus.
The water tank setup kinda sucks though.

[Moriarty]

...DS2...
...The water tank setup kinda sucks though.

I am so glad that Australia doesn't have the DS2 approved yet.