[News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - Printable Version +- Apnea Board Forum - CPAP | Sleep Apnea (https://www.apneaboard.com/forums) +-- Forum: Public Area (https://www.apneaboard.com/forums/Forum-Public-Area) +--- Forum: Main Apnea Board Forum (https://www.apneaboard.com/forums/Forum-Main-Apnea-Board-Forum) +--- Thread: [News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS (/Thread-News-RECALL-THREAD-IMPORTANT-PHILIPS-DREAMSTATION-SYSTEM-ONE-USERS) Pages:
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WEEKLY RECALL NEWS REPORTS - WakeUpTime - 12-10-2022 Philips seeks to escape economic loss claims over recalled sleep apnea machines December 7, 2022 | Reuters https://www.reuters.com/legal/litigation/philips-seeks-escape-economic-loss-claims-over-recalled-sleep-apnea-machines-2022-12-07/ Quote:In a motion filed Tuesday in federal court in Pittsburgh, Philips said that the plaintiffs — 112 individuals and 10 commercial entities seeking to represent classes of potentially millions of buyers nationwide — had no standing to sue because they did not claim that their devices had actually harmed them, and the company had offered to repair or replace the recalled devices for free. Sleep Relief: Some Apnea Patients Face Challenges Seeking Replacement Device Under Recall December 9, 2022 | NBC Chicago https://www.nbcchicago.com/consumer/sleep-relief-some-apnea-patients-face-challenges-seeking-replacement-device-under-recall/3015481/ Quote:The announcement left patients like Wright facing a false choice: Use a risky appliance or risk not waking up at all given their apnea disorder. Wright waited a year and then received more bad news. "Now [Philips Respironics] is saying, 'Sorry, it's too old. … You are only eligible for $50.'" Lawsuit Alleges, Philips DreamStation CPAP Caused Adenocarcinoma of the Lung December 5, 2022 https://www.aboutlawsuits.com/philips-dreamstation-cpap-adenocarcinoma-lawsuit/ Quote:A product liability lawsuit alleges toxic sound abatement foam in a Philips DreamStation CPAP caused a Florida man to develop adenocarcinoma of the lungs, after particles and gasses were released directly into the sleep apnea machine’s air pathways. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - A KLERK - 12-12-2022 Again, a large Dutch Newspaper published on the subject. Now in an interview with Chris Seeger, who states: "Evidence against Philips is overwhelming". American lawyer Chris Seeger (62) took on car manufacturer Volkswagen in the diesel scandal, he sued pharmaceutical company Merck over heart attacks after swallowing painkillers and assisted American-football players against their sports association NFL over brain damage. He dragged in billions in settlements for his clients, and after the last case, rules changed to make American football safer. Now it's Philips' turn. Seeger calls the lawsuit against the Dutch electronics company unique for several reasons: the size of the case, the company's stance, and the health care regulator that seems to be on the side of patients this time. I translated the whole article, see attached. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 12-12-2022 (12-12-2022, 04:59 AM)A KLERK Wrote: Again, a large Dutch Newspaper published on the subject. Now in an interview with Chris Seeger, who states: "Evidence against Philips is overwhelming". Thank you for posting this timely article. After reading the Reuters article, "Philips seeks to escape economic loss claims over recalled sleep apnea machines". Not until you posted Mr. Seeger's article there seemed that there was no one standing up to challenge Philips's legal filing. REFERENCED LAWYER MEDIA INTERVIEW - WakeUpTime - 12-12-2022 (12-12-2022, 04:59 AM)A KLERK Wrote: [Chris Seeger, Lawyer for Philips Plantiffs] Some notable excerpts. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - A KLERK - 12-12-2022 I received the following email as staff member of the heavily involved Dutch ApneuVereniging (the "Dutch ApneaBoard"): From: Philips, Pieter de Meer Subject: Response to NRC article: 'Evidence against Philips is overwhelming, says U.S. personal injury lawyer' Dear all, Last night an article appeared in the NRC entitled: "The evidence against Philips is overwhelming, says U.S. personal injury lawyer". Herewith we would like to share with you our reaction to the post. We also inform other media with this reaction. ----------------------------------------------------------------- Philips' response to NRC article 'Evidence against Philips is overwhelming, says U.S. personal injury lawyer' First of all, let's say that we greatly regret going up against users of our devices in these lawsuits. We absolutely do not look forward to that. Nevertheless, we will have to defend ourselves in which we especially want to get unjustified accusations off the table. We understand, of course, that American users' personal injury lawyers seek the greatest possible return for their clients. Unfortunately, that does not always involve only the facts. In today's article in NRC, we see the same thing happening. Here an American personal injury lawyer is given space to put down a one-sided version of the case. Philips and Philips Respironics are cooperating to bring out the actual facts and proper context so judges can make a judgment on this. Q: Philips is accused of fraud and negligence, among other things, in the US. What is Philips' response to this? A: Philips disagrees with these accusations and will defend itself against them in the various lawsuits. Q: Philips is said to have initially agreed with the classification of the safety notification (Class 1) and then suddenly not in court. Is that correct? A: We do not recognize this. It is up to the FDA and other competent authorities to give a safety notification a certain classification and we follow that judgment. Q: Philips would not be cooperative in this case, would not show guilt toward the victims. How does Philips see that? A: We do not recognize ourselves in that picture. Precisely because of the uncertainty among the affected patients, we have worked hard in recent months on the replacement and repair program, as well as the test program to find out to what extent the PE-PUR foam can actually lead to health damage. In addition, Philips Respironics is cooperating fully with the FDA and Department of Justice (DoJ) investigations. Q: According to the lawyer, the FDA is on the side of the consumer and not Philips in this case. Your response to this? A: Obviously, the FDA is standing up for the interests of consumers and patients. That has nothing to do with taking sides, but our collective duty to resolve any problems as adequately as possible. We have no different view on this than the FDA. Q: What does the Department of Justice (DoJ) investigation in America involve? A: In April 2022, Respironics received some requests for information from the DoJ as part of an investigation. Respironics is cooperating fully. At this time, we are not aware of any potential suspicions. Q: How many lawsuits are now in play in the U.S.? A: As of the end of November 2022, the following product liability cases related to safety reporting are in play in the US:
*** Translated with http://www.DeepL.com/Translator (free version) *** FWIW.... RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 12-12-2022 (12-12-2022, 04:00 PM)A KLERK Wrote: I received the following email as staff member of the heavily involved Dutch ApneuVereniging (the "Dutch ApneaBoard"): Thank you again. Pieter de Meer is a Senior Communications Manager for Philip's If Mr. Seeger responds to this, please keep us informed. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - lmkt1 - 12-13-2022 Nope! My husband registered in June 2021. We were told that our DM will be "distributing" the replacement machines but that it wouldn't be until DEC 2022. I followed up with them yesterday and they are not getting as many as they hoped but they will let us know when they receive our replacement. I'm not holding out a lot faith in this. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - oldgreenhead - 12-14-2022 All, I am a regular reader and occasional poster to this website. I have a Philips Dreamstation 1 recalled device. I also am blessed with a Resmed Aircurve 10, purchased after the recall was announced. Both are ASV machines. I have heard NOTHING from Philips in the 18 months since I registered. Yesterday, I tried to check the "status" of my recall on the registration website. I received a red error message telling me that I was not on the registration database. This morning, I reached a real person at the registration telephone number. She asked for my serial number and other info, then informed me that I was indeed registered. She could not tell me the status of my recalled device because "the registration website was down"; "the red error message that I received was the computers way of telling me the website was not working". At least Philips is consistent in their behavior. 1) they care nothing about the status or plight of their customers; 2) their only goal in this now 18 month old process is to minimize their expenses. Oh well. RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - btreger - 12-15-2022 LAWSUITS NEWS & LEGAL INFORMATION CPAP RECALL GONE WRONG NEARING SETTLEMENT WITH PHILIPS AND JUSTICE DEPARTMENT December 14, 2022, 8:45AM. By Jane Mundy A POTENTIAL SETTLEMENT OVER PHILIPS RESPIRONICS CPAP RECALL AND THE DEPARTMENT OF JUSTICE HAS BEEN ANNOUNCED. Santa Clara, CA. More than a year after Philips Respironics announced its CPAP recall, which led to the U.S. Justice Department investigating possible criminal violations, The New York Times reported that Philips and government attorneys are negotiating a settlement, which would include Philips to implement a plan that would prevent another product failure and recall gone wrong. CPAP Recall Gone Wrong Nearing Settlement with Philips and Justice Department (lawyersandsettlements.com) RE: RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS - longtermsufferer - 12-17-2022 I still haven't had mine recalled in the UK. |