Philips CPAP, BiPAP Sleep Apnea Machines and Ventilators Recall Class Action

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SHORT FORM NOTICE TO CLASS MEMBERS

DID YOU PURCHASE AND/OR USE ONE OF THE FOLLOWING PHILIPS RESPIRONICS CPAP, BIPAP, OR VENTILATOR DEVICES (THE “PRODUCTS”)?

Click on this hyperlink and scroll down to “Affected Products” to see the list of Products: https://cpapclassaction.ca/

PLEASE READ THIS NOTICE CAREFULLY AS YOUR
LEGAL RIGHTS MAY BE AFFECTED

A proposed partial settlement (“Partial Settlement”) of the Economic Loss Claims in the Canada-wide class actions called Morel v. Koninklijke Philips N.V. et al Action No. S216008 and Roy v. Respironics Inc. et al., No. 500-06-001154-216 (together, the “National Class Action”) has been reached.
Persons to be included in the National Class Action include any individual, corporation, hospital, or partnership in Canada who purchased and/or used one of the Products, including family members and estates who purchased a Product on behalf of a class member, and who claim to have incurred an Economic Loss (the “Settlement Class”).

This is called a Partial Settlement because it only relates to Economic Loss Claims. It does not cover any personal injury claims alleged to have been suffered by Settlement Class Members as a result of using the Products.

The Partial Settlement is a compromise and is not an admission of liability or wrongdoing or fault by any of the Defendants. The Partial Settlement does not become final unless and until it is approved by the BC and Quebec Courts.

The Defendants have agreed to pay $20,000,000 CDN to achieve a final and nationwide resolution of all Economic Loss Claims that could have been raised in the National Class Action, including for notice, legal, and administration costs, in exchange for the release of all Economic Loss Claims in the National Class Action.

The representative plaintiff has entered into a contingency fee agreement with Rice Harbut Elliott LLP, Sotos LLP and Thomson Rogers LLP (“Class Counsel”) providing for a maximum fee of 30% of compensatory payments to Settlement Class Members (plus taxes), which will require Court approval.

If you are a Settlement Class Member, you are automatically included in the Settlement Class and will be bound by the Partial Settlement Agreement if it is approved by BC and Quebec Courts, unless you opt out. If you do not want to be part of the National Class Action you must complete and sign an Opt Out Form, which is located on the Administrator’s website at: https://cpapsettlement.kpmg.ca, no later than 5:00 p.m. (Vancouver time) on September 15, 2025.

If you are a Québec resident, you must submit your Opt-Out form to the Clerk of the Superior Court of Québec no later than September 15, 2025, at the following address:

Clerk of the Superior Court of Québec
Montreal Courthouse
1 Notre-Dame St. East,
Montreal, Quebec H2Y 1B6

The envelope must be postmarked on or before September 15, 2025.

In addition, you may also send your Opt-Out Form to the Administrator using the methods described below.

If you reside in any other province or territory, you must send a copy of your Opt-Out form via pre-paid mail, courier, fax or email to the Administrator:

• Email: [email protected]

• Fax: 514-840-2291

• Mail:

KPMG, CPAP Settlement Claims Administrator
600, boul. De Maisonneuve Ouest, Suite 1500
Montreal, Québec
H3A 0A3

If submitted by mail, the envelope must be postmarked on or before September 15, 2025. Submissions by email or fax must be received no later than 5:00 p.m. (Vancouver time) on September 15, 2025.

For members of the Settlement Class who wish to object to the approval of the Partial Settlement, you must deliver a letter or written objection by pre-paid mail or email to the Administrator no later than 5:00 pm (Vancouver time) on August 31, 2025. Details on what needs to be included in your objection letter can be found on the Administrator’s website at: https://cpapsettlement.kpmg.ca.

More information on the Partial Settlement Agreement (including the opt-out form, and Partial Settlement Agreement) is located on Class Counsel’s respective websites located at: https://cpapclassaction.ca/contact/.

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CONSUMER LAW GROUP has launched a class action lawsuit against Philips in relation to the recall of its sleep apnea machines, including CPAP and BiPAP, and ventilators, which may increase users’ risk of cancer and pulmonary fibrosis, and cause other injuries such as headaches, irritation, inflammation, respiratory issues, and exposure to materials with toxic and carcinogenic effects.

On June 14, 2021, Philips announced a recall of many of its Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) machines, which are used to treat sleep apnea, and ventilators, which treat respiratory failure. The recalled products contain polyester-based polyurethane (PE-PUR) foam for sound abatement. It has now been revealed that the PE-PUR foam may break down and be inhaled or ingested and may emit volatile organic compounds (VOCs) resulting in adverse effects to organs, and even cancer. In an announcement to doctors, Philips explained that these hazards could result in “serious injury which can be life-threatening or cause permanent impairment.”

The recalled products include:

BIPAP AUTOSV WITH SMARTCARD INT
BIPAP AUTOSV WITH SMARTCARD INT, CORE PKG
BIPAP SYNCHRONY VENTILATORY SUPPORT SYSTEM WITH SMARTCARD
BIPAP SYNCHRONY VENTILATORY SUPPORT SYSTEM WITH SMARTCARD-CORE PACK
TRILOGY 100 VENTILATOR, CANADA
TRILOGY 100 VENTILATOR-INTERNATIONAL
BIPAP AVAPS CORE PACKAGE, NORTH AMERICA
BIPAP AUTOSV ADVANCED/ENCORE SMARTCARD
BIPAP AUTOSV ADVANCED/ENCORE SMARTCARD/HEATED HUMIDIFIER
TRILOGY 200, CANADA
BIPAP A30 SYSTEM-VENTILATOR
BIPAP A30 SYSTEM-VENTILATOR & SYSTEM ONE A-SERIES HEATED HUMIDIFIER
BIPAP A40, CANADA
BIPAP A40, CANADA, CORE PACKAGE

Philips has no concrete timeline for replacing the recalled devices even though patients need to use their devices every day. As a result, the recall leaves patients without safe, free options, and patients are going to be forced to buy or rent Philips’ next-generation product or a competitor’s product.

If you or a member of your family have purchased and/or used Philips CPAP, BiPAP Sleep Apnea Machines and Ventilators Recall and you wish more information on potential compensation or to be kept advised of the status of the Philips CPAP, BiPAP Sleep Apnea Machines and Ventilators Recall Canadian Class Action litigation or any resulting compensation from the lawsuit in Canada, Quebec or Ontario, please provide your contact information to our law firm using the below form.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.