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Mega lawsuit against Philips over apnea devices

He predicts that the company will have to pay billions.

CPAP devices, as the apnea masks are actually called, ensure that at night a continuous stream of oxygen is blown through a mask into the airways of people who suffer from sleep apnea, a condition in which someone sometimes stops breathing briefly in their sleep.

Wear and crumble

Earlier this year, Philips announced that a number of older types of those CPAC machines contain a sound-damping material that can wear and crumble, releasing small particles or gases that end up in the airways. Philips promises to replace four million machines.


Mario Reyes from Philadelphia used a Philips ‘Dreamstation’ for years. But when he called the distributor’s helpline, he got some bad news. “They wanted me to read the serial number. And then they said ‘Mr. Reyes, don’t use the machine anymore’. And so I don’t.”

Reyes is concerned about exposure to hazardous substances. “One day I woke up because I was vomiting, I went to the hospital and they said there was something wrong with my blood values. Now I think: maybe it had something to do with those substances or those particles that I have inhaled?”

‘This is going to be a big thing’

Reyes is represented along with a thousand others by Dena Young of the Philadelphia law firm of Berger Montague. “We believe that Philips has been negligent in providing a machine that can expose people to danger and even to carcinogens. This is going to be a big case. It involves thousands of patients. We are still in the early stages, investigating the extent of the problem.”


Both the lawyers and Philips look at whether particles of the insulating material have indeed entered the lungs of users through the mask, whether people have become ill as a result, and whether the material is indeed carcinogenic.

Philips spokesperson Steve Klink emphasizes that it is extremely annoying for users, but says there is no evidence of health damage. “We think that the particles of the foam that come off are too big to get into the lungs. That comes out with coughing and phlegm. But it could be that low concentrations of chemicals are released and we can’t rule out that they are ‘mutagenic’ , which means they can modify DNA and may be carcinogenic. This is really ‘worst case’ and we have no evidence that it is. But because we can’t rule it out, we broke the news.”


Philips has embarked on the largest recall in its history. In some devices, the insulation screen can be replaced, but many users get a new, better device. The lawyer says people should not hand in their old machine. “It’s about evidence.”

Fear of dangerous machine

She also calls it unacceptable that Philips takes up to twelve months to supply people with a replacement device. “We’re talking about people who can’t live without the machine. And they have to keep breathing while they’re afraid that the machine is dangerous? That’s really not possible.”

Awaiting a solution or until there is more information about harmful consequences. US authorities say patients should consult with their doctor and consider discontinuing use.


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