CLAIM DETAILS
Rice Parsons Leoni & Elliott LLP, Thomson Rogers and Sotos Class Actions have filed claims for a proposed Canadian class action regarding sleep apnea machines and ventilators. Millions of devices manufactured, marketed, and sold by Philips and/or related companies were recalled Health Canada on June 23, 2021, out of concerns identified by Philips that foam used in the devices may cause serious health issues, including cancer. The Health Canada recall can be found here. Note that the parties have partially settled the class action, but this only relates to economic claims of class members (i.e. cost of replacement devices). We are still in active litigation over the personal injury and mental distress claims. If we win those claims at trial, or settle those claims in the future, you may receive compensation for your personal injuries or mental distress, at that time.
The claim concerns sleep and respiratory care devices manufactured, marketed, and sold by the Defendants, particularly Philips Respironics branded Continuous Positive Airway Pressure (CPAP), Bi-Level Positive Airway Pressure (BIPAP), and Mechanical Ventilators. The devices are manufactured with a Polyester-Based Polyurethane (PE-PUR) sound abatement foam, which degrades over time and under certain conditions into toxic particles which may be inhaled or ingested by the user. The toxic particles may cause cancer, respiratory damage or irritation, inflammation, irritation, nausea/vomiting, hypersensitivity, and/or headache.
Please see the Notice of Civil Claim for more details.
CURRENT STATUS
The claim period has now closed for the Partial Settlement of economic loss claims. KPMG is the Court-appointed administrator in this class action. KPMG is in the process of reviewing claims that were submitted by class members. Payments for approved claims will only be issued once KPMG has determined the total number of approved claims for each payment category and calculated the correct amount payable to each class member. KPMG is processing payments for approved claims (not Class Counsel). Payments for approved claims will be made by e-Transfer to a bank account that matches the contact details provided in the claim. If you specifically requested a cheque, a cheque will be sent to you.
For more information on the Partial Settlement and the claims process, please visit: https://cpapsettlement.kpmg.ca/
The personal injury claims are ongoing, and the certification hearing has been scheduled to proceed in December of 2026. You do not need to do anything at this time if you wish to participate in the proposed personal injury class action.
