Philips was hit with a potential class action by a medical device retailer claiming it and others are owed a refund due to lost money because they were unable to resell Philips’ CPAP and BiPAP breathing machines, which contained PE-PUR foam.
Philadelphia-area device supplier Baird Respiratory Therapy Inc. claimed in its complaint that Philips breached its warranty and misrepresented the risk related to the potentially cancer-causing, polyester-based polyurethane sound dampeners found on CPAP and BiPAP breathing devices used by sleep apnea patients.
Philips recalled its devices in June, after disclosing in its quarterly report over a month earlier that the foam could degrade if cleaned improperly or was exposed to high humidity and temperature.
While Baird did not specify how much money it lost, it said that the aggregate class claims would exceed $5 million.
Baird also alleged that Philips delayed its recall and that it had been receiving complaints on message boards and YouTube of black particles building up in the device airways.
Baird said that despite the fact that Philips announced a repair and replace program for CPAP and BiPAP users, it has done nothing to compensate the medical device suppliers who sold them to patients.
Additionally, Baird accused Philips of fraudulently misrepresenting to sellers that the devices were safe for use.