The lawsuit, filed by the Beasley Allen law firm, alleges that Philips Respironics continued to market and sell the defectively designed breathing devices despite knowing about the devices’ potential to cause serious and life-threatening injuries and failed to warn consumers of the serious health risks the devices posed.
On April 26, 2021, Philips made an initial disclosure that it had received several consumer complaints about the presence of black debris within the device’s air pathway and reports of headache, upper airway irritation, cough, chest pressure, and sinus infection in users of the devices. Those reports led to the discovery that the PE-PUR “sound abatement” foam Philips used to minimize noise in several CPAP and Bi-level PAP (BiPAP) respirators posed serious health risks to users.
On June 14, 2021, Philips issued a recall for millions of its Bi-level Positive Airway Pressure (Bi-Level PAP) and Continuous Positive Airway Pressure (CPAP) breathing machines, as well as several its ventilator devices manufactured between 2009 and April 26, 2021. The recall was issued because of the potential health risks associated with exposure to the degraded sound abatement foam particles and chemical emissions from the foam material.
The lawsuit is filed in the U.S. District Court for the Middle District of Georgia, Columbus Division, case number 4:21-cv-00111.