The proposed class-action lawsuit was filed by Gerry S., a professional truck driver from Boring, Oregon, who was diagnosed with sleep apnea in 2020.
Sleep apnea is a disorder in which breathing starts and stops when a person is sleeping. Without treatment — typically involving the nightly use of a portable breathing machine — sleep apnea can cause severe daytime sleepiness, increasing the risk of traffic accidents and death.
Due to the seriousness of his condition, his doctor prescribed a Philips Bilevel Positive Airway Pressure (“BiPAP”) machine for everyday use.
Unfortunately, when his BiPAP machine was recalled by Philips on June 14, he had to stop using it due to the risk of cancer and other health problems.
Philips didn’t provide a replacement, so he could not work because he could not legally drive with untreated sleep apnea.
Furthermore, he claims that he developed a atrial fibrillation, a serious heart rhythm disorder, because he is unable to get enough sleep.
Last month, Philips recalled over 3.5 million breathing machines that contain toxic PE-PUR sound-abatement foam. Users face higher risks of lung cancer, kidney and liver damage, and other health problems.
The problem is that PE-PUR foam is toxic, and it can disintegrate into tiny particles that get in the air pathway that a user breathes. PE-PUR foam can also “off-gas” toxic chemicals, according to recall notice.
The lawsuit was filed against Philips on June 29, 2021 in the U.S. District Court for the District of Massachusetts — Case Number 1:21-cv-11076.
Source: Oregon trucker seeks class-action status for lawsuit over Philips CPAP recall