Philips Respiratory Device Lawsuits

Class action lawsuits have been filed against the Dutch manufacturing giant Philips to protect consumers harmed by its recalled sleep apnea machines, including CPAP and BiPAP machines, and ventilators, which may increase users’ risk of cancer and cause other injuries.

Nature of Action

This consumer class action arises out of the Defendant’s failure to notify users about the life threatening health risks associated with continued use of its respiratory devices.

On April 26, 2021 PHILIPS disclosed in its First Quarter Report to shareholders under the banner “Regulatory Update” that device user reports had led to a discovery that the type of Polyester-based Polyurethane (“PE-PUR”) foam Philips used to minimize noise in several CPAP and Bi-Level PAP respirators and mechanical ventilators posed health risks to its users. Specifically, Philips disclosed that “the PE-PUR foam may degrade under certain circumstances, influenced by factors including use of unapproved cleaning methods, such as ozone, and certain environmental conditions involving high humidity and temperature.” The manufacturer warned shareholders of “revenue headwinds” as a result.

It wasn’t until seven weeks later, on June 14 2021, that Philips announced a recall of numerous models of CPAP and Bi-Level PAP devices as well as a variety of its mechanical ventilators “to address identified potential health risks related to the PE-PUR sound abatement foam component in these devices.” Specifically, Philips announced that it had determined that the “PE-PUR foam may degrade into particles which may enter the devices air pathways and be ingested or inhaled by the user, and the foam may off-gas certain chemicals.” The complaint alleges that Philips had received complaints about black particles being found in device airway circuits for years prior to announcing the recall.


The Defendants in this lawsuit are –

  • Koninkluke Philips N.V.;
  • Philips North America LLC;
  • Philips RS North America LLC.


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 cancers. 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 complaint alleges that Philips knew about these substantial and material risks from its CPAP machines long before the recall. The complaint also alleges that patients who used the affected devices have complained to Philips about black particles in their machines for many years.

It is noteworthy that Philips chose to first warn shareholders about revenue headwinds arising from “regulatory” issues before issuing a recall notice to the public seven weeks later.

Allergan BioCell Textured Breast Implant Products Liability Litigation

In October 2019, a class action-lawsuit was brought against Allergan, the maker of dangerous breast implants linked to cancer. The lawsuit claims that Allergan does not plan to monitor at-risk individuals for breast implant cancer, even though the FDA issued a recall due to risk. Other similar lawsuits have been filed against the company in recent years.

Allergan Lawsuit Claims Victims Being Asked to Waive Rights

The pending Allergan class-action lawsuit involves the company’s BIOCELL textured breast implants, which are linked to cases of breast implant-associated anaplastic large cell lymphoma (BIA-ALCL).

The Allergan lawsuit also alleges that victims are being misled and asked to sign their rights away by the manufacturer.

The claim argues that Allergan is targeting class-action members with an offer of up to $7,500 to remove the implants. But to secure this money, the victims need to waive their rights to sue the company — even if they develop breast implant cancer.

Allergan is even encouraging doctors to have their patients with breast implants sign the waiver.

An attorney involved in the case is quoted as saying:

“We know that patients often have a special, trusting relationship with their physician, and are much more likely to follow their direction than if Allergan communicated directly with the patient.”

Six Women Have Filed an Allergan Lawsuit in New Jersey

Any patient who develops breast implant cancer from Allergan’s products deserves the right to file a lawsuit and receive compensation. Recent Allergan lawsuits are currently pending in courts across the country.

For example, an Allergan lawsuit was recently filed in New Jersey Superior Court by six women who claim the manufacturer did not warn the public of the health risks.

The women also allege that Allergan downplayed the dangers of its BIOCELL brand after learning that it was linked to breast implant cancer.

Those who have sued have either had their implants removed or are planning to have them removed in the future. The legal complaint states that this removal comes at a “significant expense” which includes pain and disfigurement.

In addition to this lawsuit, Allergen has faced legal claims in Massachusetts and Florida. There is also a pending Allergan class-action lawsuit in Canada.

Lawyers involved in the lawsuits have stated:

“We have talked with so many women who feel victimized and abandoned by Allergan. The manufacturer demonstrated it has no intent to live up to its responsibilities, so we plan the use the court system to force it to do just that.”

As these lawsuits develop, it’s important for victims to know the relationship between manufacturers and breast implant cancer risks. If manufacturers like Allergan cannot keep their patients safe, they deserve to be held accountable.

Alarming Breast Implant Cancer Statistics

Canadian health officials have recently reported that breast implant cancer has doubled since Allergan recalled its products in 2019.

BIA-ALCL linked with breast implants was once considered extremely rare but the FDA has released reports of 573 cases worldwide, including 33 deaths as of 2019. Eighty percent of breast implant cancer cases have been linked to Allergan.

Other breast implant cancer statistics show that Allergan’s BIOCELL products are six times more likely to cause cancer than other products.

If an Allergan class-action lawsuit is certified by the court, victims who are affected will be contacted for inclusion.

IMPORTANT: Please contact us using the form below or call us at 800-551-8649, or via e-mail to Tanya Autry ( or John G. Emerson ( and we will promptly get back to you to discuss your situation.