In October of 2015, Philips issued a voluntary recall of more than 1 million machines that are used to treat sleep apnea. The reason? Reports emerged that the devices could spontaneously stop working while patients were in the middle of their therapy, which put them at risk of serious injury or even death if they weren’t able to get help breathing again quickly enough.
The lawsuit
On October 12, 2017, Philips Respironics issued a voluntary recall for a limited number of its popular REMstar Pro CPAP and BiPAP devices. They cited faulty humidification and oxygenation components that can allow water droplets to come into contact with the power supply or electrical outlet in rare circumstances, posing a shock hazard. Shortly after this announcement, on October 24th 2017, San Diego-based Briarwood Law PC filed a Philips CPAP machine recall lawsuit on behalf of one of their clients (the plaintiffs) who suffered harm as a result of using one of the recalled machines. Briarwood is seeking reimbursement for medical expenses and punitive damages related to emotional distress due to these injuries among other damages.
Philips responds
Curious about the Philips CPAP recall? Find out what the company has to say. We take patient safety very seriously and have taken steps to improve this situation, but we also welcome feedback from our customers. Philips will not stop seeking new, innovative ways to ensure that every patient can enjoy a safe, comfortable and effective therapy. In addition, Philips recently instituted an Early Notification Program which was started following the FDA notification of a potential safety issue. The program enables patients and doctors to alert Philips of any adverse events they might be experiencing with their products. Any user who reports an incident is fully evaluated by specialists. In response, we provide customized updates and replacement devices as needed.
Does this response address all concerns?
In early December, Philips announced a voluntary recall for its AutoSet 10 and AutoSet Plus 10 machines. The company issued the recall after it had received complaints from customers that the machines emitted an odor or gave off smoke. Philips initially stated that there was no danger of fire from the malfunctioning equipment. However, following more reports of smoking, Philips recalled all models of its CPAP devices manufactured within a certain date range. This is not the first time Philip has recalled products due to defects; in 2010, the company recalled over 100,000 humidifiers because they were causing fires and burn hazards. To date, there have been five reported incidents related to these defects.
More information
A class action law firm, Bolen & Associates, P.C., filed a lawsuit on behalf of a group of plaintiffs who had purchased Philips Respironics System One 60 Series and System One 50 Series CPAP machines. The suit alleges that the machines have a design defect which causes them to leak air prematurely from the humidifier chamber into the mask. This can cause serious health issues for users and lead to unwanted problems with sleep apnea therapy. Philips Respironics has offered a free repair kit for affected customers, but many feel that this is not enough as they should not be responsible for repairing their own machine when it is under warranty.
