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

[btreger]

Lawsuit Information Center

Some interesting information:

January 10, 2024 – Lawyers Seek Fees in CPAP Consumer Class Action

Lawyers representing consumers who purchased Philips ventilators with faulty insulation foam have requested $95 million in fees and expenses from a Pennsylvania federal court. Again, these are not personal injury or wrongful death lawsuits but a CPAP consumer class action lawsuit that settled for $500 million.  How much did plaintiffs get?  Plaintiffs will receive compensation between $55 to $1,552 per recalled device and $100 for each returned device.

So the lawyers get a lot of money while the consumers walk away with less than $2,000.

January 4, 2024 – The “Best” CPAP Lawsuits

CPAP lawyers mostly agree that the CPAP lawsuits with the best settlement value are cases where the victim has been diagnosed with lung cancer, head cancer, or neck cancer.  The science is good in these cases, and it also makes intuitive sense to a jury because the injury is near the chemical exposure.  If the victim was a smoker, that would make the lung cancer claims more challenging.

Next in line, at least in our minds, is asthma, Stage 4 COPD, pneumonitis, pulmonary fibrosis, or sarcoidosis.  After that, our attorneys also think liver cancer and injury cases and kidney cancer and disease cases may also be strong.

https://www.lawsuit-information-center.c...a-mdl.html

[tbhausen]

I know I needed sleep therapy long ago. Glad I didn't get tied up in this mess. The treatment could have been more harmful than the affliction. I certainly feel for those endangered by this scandal. I hope the guilty parties get their clocks cleaned!

[btreger]

PHILIPS TERMINATES PRODUCT LINES

This section goes with WakeUpTime's Post

Questions and answers
 

What is the definition of “end of service”? How will you support the installed base of already sold devices?

Once a product is discontinued for sale, the manufacturer provides a specified number of years of service support wherein all relevant repair parts, accessories, etc. necessary to use or service the device (during PMs and repairs) will be supplied pending parts availability.


Will you continue to service the products/devices already in use? What will this look like?

Philips will continue to support all discontinued products with repair kits, spare parts, and resupply materials depending upon parts availability up until the end of the service date as specified in the discontinuation notice.


I have open orders with Philips on discontinued products; what is the status of those orders?

Orders that are shipped before the defined shipment discontinuation date will be honored. All other orders that are unable to be shipped will be canceled.


My product that is discontinued failed within its warranty period and is unable to be repaired. How will you rectify this situation?

Philips will provide refunds as articulated in the warranty terms and conditions but cannot provide a replacement product.


My product that is discontinued failed during the post-warranty period and is unable to be repaired. How will you rectify this situation?

Philips will not provide a new product for replacement or sale.

[Sleeprider]

Anyone not monitoring this thread has been missing out on some very significant news in the past week.  Several of these news stores (discontinued product lines and this halt on DreamStation sales) might deserve their own threads since their implications are so significant.  Alternatively, it may even be important enough for an ApneaBoard member newsletter update, for the members who haven't been on the board for awhile.

I sent you and btreger a PM asking for you to author a new thread in the main forum that covers this important news.  Most of it can be cut and pasted from this thread. Once you post it, we will put a NEWS banner on it. If you prefer, I could split this thread starting where you announced the list of devices being discontinued, but it may be better to have a a new thread that introduces the impact of all this, then parses the various new stories coming out. These development are clearly significant on their own, and not part of the recall.

[Sheepish]

Outside of the U.S., meanwhile, where sales of CPAP and BiPAP machines have recently restarted in the wake of the 2021 recall, the company will be able to continue selling its respiratory devices, albeit “subject to certain requirements,” it said.

Philips agrees to FDA consent decree halting CPAP sales in US (fiercebiotech.com)

What a coinincky-dink; today in Montreal I was just contacted by a CPAP seller and apnea clinic, with whom I have never had any contact, to tell me to make an appointment for a replacement machine following the recall, and the email contained my correct DreamStation (1) model number and serial number. I wonder if they've just receieved truckloads of unsellable machines from the US and are going to try to fob another DreamStation (1 or 2) off on me, and whether I should accept it.

If the original DreamStation, will it be new or used, foamed or defoamed? If the DreamStation 2, will it also have been rendered non-toxic? 

[TonyJ]

What a coinincky-dink; today in Montreal I was just contacted by a CPAP seller and apnea clinic, with whom I have never had any contact, to tell me to make an appointment for a replacement machine following the recall, and the email contained my correct DreamStation (1) model number and serial number. I wonder if they've just receieved truckloads of unsellable machines from the US and are going to try to fob another DreamStation (1 or 2) off on me, and whether I should accept it.

If the original DreamStation, will it be new or used, foamed or defoamed? If the DreamStation 2, will it also have been rendered non-toxic? 

I wouldn't jump to conclusions. I also live in Canada and received a brand new Dreamstation1 last June to replace a recalled System One. It was manufactured in March 2023. I wouldn't hesitate to take it and use it if you need to either. The rollout of recall replacements in Canada has been much slower then in the US so be happy you are being offered something. If nothing else you can have a nice backup machine.

[Sheepish]

I wouldn't jump to conclusions. I also live in Canada and received a brand new Dreamstation1 last June to replace a recalled System One. It was manufactured in March 2023. I wouldn't hesitate to take it and use it if you need to either. The rollout of recall replacements in Canada has been much slower then in the US so be happy you are being offered something. If nothing else you can have a nice backup machine.

Had yours been "declawed," i.e., had the original toxic foam been dealt with? If so, how? And if so, Canadians need to from what manufacturing date it would be OK to accept one.

[DaveL]

If I remember right the issue was discovered way-back. 2010. I don't use the brick Respironics I still have. I kept it as a spare....maybe need to box it and throw it away.

[Sleeprider]

This thread discussing the Philips Recall and device replacement has been split to discuss coverage of the discontinuation of Philips devices worldwide, and sales of CPAP in the U.S.

The new thread is at this link. Philips Discontinues Numerous Devices and Halts Dreamstation Sales in the U.S. Please try to direct your comments to the appropriate threads for recall or discontinuation.

[TonyJ]

In reply to Sheepish.... To the best of my knowledge the machine I received ,considering the manufactured date, would have whatever remedial foam was used to make them safe. My original System One was given to the DME on receipt of the new machine at their request. I presume they had to account for the issuance of the new machine with it. I have used the replacement and would not hesitate to use it again if I needed to. I am more then happy with it.