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

[TimaaaaaaaahRocks]

More Class-action Lawsuits for Philips

Lawyers and Settlements

MEDICAL DEVICE SUPPLIERS HIT PHILIPS RESPIRONICS WITH CLASS ACTION

Glenside, PA. Philips is hit again with a class-action lawsuit, but this time medical device makers join thousands of consumers who filed complaints about the defective sleep apnea machines alleged to cause cancers and respiratory injuries. Baird Respiratory Therapy, Inc., filed in March 2022 a class action lawsuit against Philips in the U.S. District Court for the Eastern District of Pennsylvania, seeking to represent durable medical equipment (DME) suppliers nationwide who purchased Philips’ recalled breathing machines.


Baird claims that Philips breached its express warranty and misrepresented the potential risks (cancer and other injuries) inherent in the polyester-based polyurethane (PE-PUR) foam found in the machines. Because Philips “unreasonably delayed its recall” by waiting to notify Baird and other suppliers of reports indicating that the PE-PUR foam could breakdown and put users in harm’s way and it knowingly allowed its packaging, labels, advertisements, promotional materials, and websites to intentionally mislead Baird and other suppliers about the recalled products, Baird and other suppliers lost money when they were unable to resell the recalled CPAP and BiPAP machines.  The case is Baird Respiratory Therapy, Inc. v. Philips, 2:22-cv-00886.

Medical Device Suppliers Hit Philips Respironics with Class Action (lawyersandsettlements.com)

apneaboard.com got a shout out:

https://www.classaction.org/media/baird-...-et-al.pdf

24. Several facts support the assertion that Philips knew of the issue of the degradation of PE-PUR foam well in advance of issuing the recall. First, Philips’ own language admits that the recall was issued in response to “several complaints” it had received regarding black particles and debris in the airways of the Recalled Devices. Second, posts on message boards and YouTube channels such as the website apneaboard.com and the YouTube channel CPAP Reviews complained about problems now known to be consistent with the degradation of PEPUR foam, including black particles in the airways of the Recalled Devices.  

Kaching!!!!!! this is going to make the money involved in the patient class action suits look like gutter change.

[btreger]

In an earlier post, I left a e-mail address for Dr. Shuren of the FDA

I sent him an e-mail and he did respond;

"FDA requests safety testing of replacement foam in Philips sleep devices recall", 11/15/21. We have been waiting a long time to hear the answer. We would like to know the chemical name of this new foam and its properties.

This was his response:

I am checking to see what I can provide you in response to your question. There will be information about the polyester-based polyurethane foam and testing made available in the next few days.

This all happened in two days.

[jpsantell]

I'd be interested in hearing their response. As of right now I have a defoamed Dreamstation that seems to be working fine, my numbers are good and I'm not sure I'm thrilled by the idea of Philips sending me a replacement with some other foam that may or may not be bad. Really, the new machine won't improve anything for me but may add a different risk from the new foam. I might have to defoam the next machine.

[chasmm]

I also sent an email to Dr. Shuren on April 18th, but haven't yet received a response...

[cathyf]

Baird claims that Philips breached its express warranty and misrepresented the potential risks (cancer and other injuries) inherent in the polyester-based polyurethane (PE-PUR) foam found in the machines. Because Philips “unreasonably delayed its recall” by waiting to notify Baird and other suppliers of reports indicating that the PE-PUR foam could breakdown and put users in harm’s way and it knowingly allowed its packaging, labels, advertisements, promotional materials, and websites to intentionally mislead Baird and other suppliers about the recalled products, Baird and other suppliers lost money when they were unable to resell the recalled CPAP and BiPAP machines.  The case is Baird Respiratory Therapy, Inc. v. Philips, 2:22-cv-00886.

Medical Device Suppliers Hit Philips Respironics with Class Action (lawyersandsettlements.com)

I'm kind of curious as to what I see as the real elephant in the room, which is the malpractice liability to doctors, sleep techs, respiratory therapists, sleep centers, DMEs, etc., who used, prescribed, and/or sold PR products.

I've had 3 sleep studies at my little hospital sleep lab. (This is the only hospital in my county.) I have never had a titration, so I've never used the PR machine that's sitting on the nightstand in the lab. But I certainly have friends who were titrated on that machine.

C'mon, there must be cases where sleep techs saw black debris, and reported it to someone, and then continued to use the machine. Who have now set themselves up to be sued...

My small-town DME (in a different county, because my county isn't big enough for a DME) is one where the office manager is an RT. She's told me for years that she hates Philips, and strongly recommends against them, and the only cases that their office dispensed them was when the doctor insisted. (This office had only dispensed 47 PR machines that were under recall. It's like 20 years, right?)

It looks like PR has built its market share by bribing doctors and sleep labs and DMEs, who all damn well should have known better. Taking bribes to put patients in equipment that injures/kills them? Dayim they are in deep doodoo...

[btreger]

I'm kind of curious as to what I see as the real elephant in the room, which is the malpractice liability to doctors, sleep techs, respiratory therapists, sleep centers, DMEs, etc., who used, prescribed, and/or sold PR products.

I think you just killed the elephant. This was a multi-billion dollar industry. I am saying this was because I do not know the current revenue status. Everyone you mentioned was making a ton of money for a very long period of time. They did not have to be bribed, they all went into this with their eyes wide open, and when things got a little dirty they just closed them. Now they are probably all concerned about being held liable and potentially sued.

[SuperSleeper]

apneaboard.com got a shout out:

https://www.classaction.org/media/baird-...-et-al.pdf

24. Several facts support the assertion that Philips knew of the issue of the degradation of PE-PUR foam well in advance of issuing the recall. First, Philips’ own language admits that the recall was issued in response to “several complaints” it had received regarding black particles and debris in the airways of the Recalled Devices. Second, posts on message boards and YouTube channels such as the website apneaboard.com and the YouTube channel CPAP Reviews complained about problems now known to be consistent with the degradation of PEPUR foam, including black particles in the airways of the Recalled Devices. 

Glad that Apnea Board got a mention. 
But at first I was concerned that the mention was within a class action lawsuit.  

We've had legal challenges before... so I'm very glad this one is not directed at Apnea Board.  

[btreger]

Tech Xplore

Philips takes hit by supply problems, respirator recall

Philips on Monday reported net losses of over 150 million euros in the first quarter of 2022 as the Dutch health technology firm battled a faulty respirator recall and supply chain problems.

Philips set aside a further 165 million euros to recall faulty respiratory equipment that puts users at risk of inhaling toxic foam.

Philips and a number of its subsidiaries however were subpoenaed earlier this month by the US Justice Department "to provide information related to events leading to the Respironics recall" it said.

Philips take hit by supply problems, respirator recall (techxplore.com)

[btreger]

More Info:

DOJ subpoenas Philips over Respironics recall; CEO addresses investigation

“At this time it’s a subpoena for information,” CEO Frans van Houten said on today’s earnings call. “That means they are preparing an investigation and we just have to accept that.”

DOJ subpoenas Philips over Respironics recall; CEO responds | MDO (medicaldesignandoutsourcing.com)

[mug3n]

Seems like things are moving in the right direction in the US.

Meanwhile, in Canada, not a single peep from Phillips about any sort of recall plan. I would be going out of my mind if I didn't already have another machine I could use.