Philips CPAP Class Action
GMP Law has commenced a Class Action against Philips over allegedly defective ventilator machines, particularly Continuous Positive Airway Pressure (CPAP) devices. This legal action is on behalf of individuals who currently use or have used a Philips mechanical ventilator machine.
The class action lawsuit aims to seek compensation for affected users who may have been exposed to health risks due to a defect in certain Philips sleep apnea therapy devices. If successful, affected individuals could potentially receive significant compensation.
Our team is committed to fighting for maximum compensation on behalf of affected individuals.
Current status
The class action is ongoing. Our class action team are gathering evidence and information from affected CPAP users.
We are preparing for the next case management hearing which will be held in the Federal Court on 16 September 2024.
At this hearing we are expecting His Honour Justice Murphy may make orders in relation to:
- Sending Notices to class members providing them with the opportunity to opt-in to an expert biostatistician’s survey report. The biostatiscian will assess any injuries to the class members as a resulf of using affected machines.
- Providing class members the opportunity to opt-out of hte proceedings.
- Obtaining documents from Philips that relate to the replacement devices offered to class members as part of the recall.
Key developments
In 2021, Philips issued recalls in Australia related to defects in their CPAP mechanical ventilators. More recently, in 2023, the US Food and Drug Administration (FDA) issued a Class I recall for certain Philips Respironics DreamStation1 CPAP machines, which is the most serious type of recall.
In November 2023, Federal Court Justice Bernard Murphy approved Gerard Malouf & Partners’ motion to substitute the lead application and manage the Philips CPAP class action. Eva Lindbloom has been appointed as the new lead applicant for the group. Gerard Malouf, Founder and Chairman, emphasises, “Our objective is to save this class action from being abandoned and obtain justice for deserving class members across Australia.”
About the class action
This class action addresses serious allegations against Philips regarding their CPAP and other mechanical ventilator devices. The lawsuit focuses on the health risks poses by a defect in these devices. Key aspects of the class action include:
Product liability: Allegations Philips manufactured and distributed defective medical devices.
Health risks: Claims that users of the devices were exposed to serious health risks.
Failure to warn: Not adequately warning patients about the risks associated with the device.
The issue
The core issue in this class action is the presence of polyester-based polyurethane (PE-PUR) sound abatement foam in affected Philips sleep apnea machines. This foam may:
- Degrade into particles that may enter the device’s air pathway
- Be inhaled or ingested by the user during therapy
- Release certain chemicals due to off-gassing.
These issues potentially expose users to various health risks.
According to the Therapeutic Good Administration (TGA), the potential risks of particulate or chemical exposure include:
- Headaches and dizziness
- Irritation of eyes, nose, respiratory tract, and skin
- Inflammatory responses
- Asthma
- Adverse effects to other organs, such as kidneys and liver
- Hypersensitivity
- Nausea and vomiting
- Toxic and carcinogenic effects.
In severe cases, the FDA warns that these issues could potentially lead to serious health problems such as heart failure, respiratory failure, or death.
Philips Australia and New Zealand announced an urgent recall for:
Defective devices
| Product Code | Product Description |
| 1029759 | BiPAP Synchrony, International.Core Pkg |
| 1038916 | BiPAP Auto SV w/ Smartcard Int. |
| 1042900 | BiPAP autoSV Advanced w/SmartCard, INTL |
| 1043342 | OmniLab Advanced, Core, (International) |
| 1068942 | BiPAP Auto SV w/ Smartcard Int. |
| 1111126 | OmniLab Advanced plus w/Humidifier INTL |
| 1111127 | OmniLab Advanced plus w/HT Humidifier INTL |
| AU1029756 | BiPAP Synchrony Australia |
| AU1060486 | BiPAP AVAPS, C SERIES, AUSTRALIA |
| AU1061419 | BiPAP AVAPS, C Series Core Package with Humidifier |
| AU1061421 | PR BiPAP ST, C SERIES, AUSTRALIA |
| AU1061423 | BiPAP ST, C SERIES, Core Package with Humidifier |
| AU1161S | BiPAP AVAPS 60 series platform |
| AU1161X | BiPAP AVAPS, 60/C Series, AU, 30cmH2O |
| AU251HS | Philips/Respironics New Gen RemStar Plus, w/Humid, w/SD Card, Aust |
| AU251S | Philips/Respironics New Gen RemStar Plus w/SD Card, Aust |
| AU451HS | Philips/Respironics New Gen RemStar Pro w/Humid w/SD Card, Aust |
| AU451S | Philips/Respironics New Gen RemStar Pro w/SD Card Aust |
| AU461HS | REMstar Pro System One 60 Series with Heated Humidifier |
| AU461S | REMstar Pro System One 60 Series |
| AU461TS | REMstar Pro System OHis60 Series with Heated Tube Humidifier |
| AU551HS | Philips/Respironics New Gen RemSFlex w/Humid w/SD Card Aust |
| AU551S | Philips/Respironics New Gen RemStar Auto A-Flex w/SD Card Aust |
| AU561HS | REMstar Auto System One 60 Series with Heated Humidifier |
| AU561S | REMstar Auto System One 60 Series |
| AU561TS | REMstar Auto System One 60 Series with Heated Tube Humidifier |
| AU751HS | Bipap Auto w/Humid w/SD Card Aust, OBS..Discontd.. |
| AU751S | Philips/Respironics New Gen Bipap Auto w/SD Card Aust |
| AU761HS | BiPAP Auto System One 60 Series with Heated Humidifier |
| AU761S | BiPAP Auto System One 60 Series |
| AU761TS | BiPAP Auto System One 60 Series with Heated Tube Humidifier |
| AU951HS | BiPAP Auto SV Advanced System One with Humidifier |
| AU951S | BiPAP Auto SV Advanced System One (OBS. Repl AU961S) |
| AU961HS | BiPAP autoSV Syst One 60 Srs with Heated Humidifier |
| AU961S | BiPAP autoSV System One 60 Series |
| AU961TS | BiPAP autoSV Sys One 60 Srs with HT Humid Obsolete (Repl by DS) |
| AUG400H15 | DreamStation Go CPAP with Humidifier |
| AUG400S15 | DreamStation Go CPAP with Bluetooth®, Australia |
| AUG500H15 | DreamStation Go Auto CPAP with Humidifier, AU |
| AUG500S15 | DreamStation Go Auto CPAP with Bluetooth®, Australia |
| AUX1131T15 | DreamStation BiPAP AVAPS Hum HT |
| AUX1131T15C | DreamStation BiPAP AVAPS Cellular with Humidifier & Heated Tube |
| AUX400S15 | DreamStation CPAP Pro |
| AUX400T15 | DreamStation CPAP Pro Hum HT |
| AUX400T15C | DreamStation CPAP Pro Humid HT Cellular |
| AUX500S15 | DreamStation Auto CPAP |
| AUX500T15 | DreamStation Auto CPAP Hum HT |
| AUX500T15C | DreamStation Auto CPAP Hum HT Cellular |
| AUX700T15 | DreamStation Auto BiPAP Hum HT |
| AUX700T15C | DreamStation Auto BiPAP Hum HT Cellular |
| AUX900T15 | DreamStation AutoSV Hum HT |
| AUX900T15C | DreamStation AutoSV Hum HT Cellular |
| GBX400S15 | GB DreamStation CPAP Pro |
| GBX500S15 | GB DreamStation Auto CPAP |
| INX9999H19 | BiPAP E30 Ventilator w/Humidifier, IN |
What’s next?
Are you eligible for compensation?
You may be eligible to join the class action and claim compensation if:
- You currently use or have used a Philips CPAP or other mechanical ventilator device.
- Your device was manufactured before the recall in 2021.
- You have experienced any health issues that may be related to the use of the device.
To determine your eligibility and join the class action:
- Check your device to see if it’s a Philips brand and note the model number.
- Gather any medical records related to your use of the device and any subsequent health issues.
- Register your interest with GMP Law.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.
If the claim is unsuccessful, you will not be personally liable for any costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
