[News] RECALL THREAD-- IMPORTANT PHILIPS DREAMSTATION & SYSTEM ONE USERS

[hegel]

I'm super glad to have Medicare. My provider is kaiser and through Medicare Advantage Plus I have great insurance at rock bottom prices. My Autosense cost me $250.00. MY two recent surgeries cost about the same. No complaints from me. Often people who haven't taken the time to figure out the system up front just get angry when it doesn'[t work the way they'd like.

[ger365]

I received the DreamStation 2 replacement on my doorstep on 9/25/2021.  I set it up and tried it for three nights.  I agree that it is not an improvement over the DS1 for all of the reasons stated in this thread.  Additionally, I found that it does not provide as effective of therapy as the Fisher & Paykel SleepStyle that I bought out-of-pocket as a result of the recall.  My average AHI was 4 points higher with the DS2 than the SleepStyle.  I have been told that the DS2 alogrithm is not as agressive and is slower to react than the SleepStyle and ResMed models.

My DME provided me with the DS1, without offering any other options, when I started CPAP therapy on 4/7/2021.  It is on a rent to own contract through Medicare, so I still do not own the machine.  Regardless, Medicare won't pay rent on a different machine if I turn the DreamStation(s) back in, even if I agree to reimburse them for the rent Medicare has paid thus far (approximately $300.00).  I would love to get set up with a ResMed 11 and use my SleepStyle in my trailer.  Anyone have any ideas as to how I can get Medicare to work with me on this?

As far as returning the DS1, I received packing instructions, labels, etc. in the DS2 box.  I saved everything, but I am not about to return the machine unless I am absolutely forced to.  If Philips wants to sue me, I will counterclaim for the cost of the SleepStyle.

Steptoe
Challange as I did...you can get what you want !!!

[btreger]

CISION
PR Newswire

DUBLIN, Oct. 8, 2021 /PRNewswire/ -- The "CPAP Market Shares, Strategy, and Forecasts, Worldwide, 2021 to 2027" report from Wintergreen Research, Inc has been added to ResearchAndMarkets.com's offering.

Global CPAP Market Report 2021-2027 - Impact of Philips Recall and Covid-19 and the CPAP Market

The CPAP study provides a compelling case for putting devices off prescription. Despite devices being on the market since 1980, less than 20% of the people who need them have a CPAP device. The pressure delivered air during sleep is able to mitigate the onset of high blood pressure, cardiac arrhythmia, and type 2 diabetes. These chronic diseases represent a significant part of the cost of healthcare delivery. To be able to mitigate the onset of the severity of the chronic disease is of interest to every healthcare provider.

Taking CPAP devices off prescription would move the current recommender base to vendors. Putting the onus of education on CPAP vendors who typically have very large marketing budgets and access to TV and other advertising venues is likely to be a positive move in the industry.

https://www.prnewswire.com/news-releases...96076.html

[StratCat48]

Got an email notice from FEDEX this morning as shown below. Presume it's a DS2. I had registered my DS1 on Aug 22, 2021. Not particularly happy about a DS2 and much rather would have preferred to have had the air chamber in my DS1 replaced. Will likely keep the the DS1 to use as my primary and use the DS2 only as a backup should the DS1 develop an issue. Philips/Respironics evidently didn't have the ergonomics of the DS2 for the user in mind when they redesigned the machine (Front exiting hose, water tank accessibility, display that can't be read while laying in bed, etc).
I'm rather wondering if the DME gets notified of a replacement machine for purposes of maintenance items such as filters or will I still get DS1 replacement items unless I notify them(?)

Other thought.......Will Medicare pay for a 5 year replacement based on the age of my original DS1 or somehow based on the date I received the DS2. I'll want to go in the direction of a Resmed when the 5 years comes about. A new established replacement date would delay that.

[btreger]

The
Legal Examiner

Philips Respironics CPAP Recall
   
Will Insurance Pay For New CPAP Devices Due to Recall?

Insurance companies, including Medicare, may not provide an easy solution to this recall. Sleep apnea patients who have been instructed to stop using their devices due to the recall may not be able to get a new device. Insurance providers and Medicare could deny a new device because it has not been long enough since purchasing their recalled device.

“We fully recognize that the timeframe for remediation of the affected devices places patients in a difficult situation,” said Frans van Houten, CEO of Royal Philips. “We are mobilized to deliver a solution to them as fast as possible. We have significantly increased our production, service, and rework capacity, and further intensified our outreach to our customers and their patients. 


https://www.legalexaminer.com/category/h...ap-recall/

[WakeUpTime]

"What Legal Options Are Available for Those with Recalled Philips CPAP Devices?"
October 8, 2021
https://www.legalexaminer.com/health/med...p-devices/

Product Liability and Class Action Lawsuits Against Philips
The illnesses and injuries that could occur from using a recalled CPAP, BiPAP or mechanical ventilator by Philips Respironics range from minor to life-threatening. They include skin irritation, respiratory inflammation, cancer, pulmonary fibrosis, chemical poisoning, asthma, and liver and kidney damage.

Over 1,000 complaints of the polyurethane foam breaking down and entering the device’s airway have been made. By the end of September 2021, there were 93 proposed class action lawsuits filed against Philips Respironics.

Multiple damages and injunctive relief have been cited in the lawsuits, including negligence, products liability, consumer-law violations, breach of warranties and fraud. Many claims are related to users being unable to use the recalled products safely, but there are other options to seek compensation for the physical harm they caused.

In defective product injury claims, those harmed or the family of someone fatally injured by the product could have legal standing to hold the manufacturer, retailer, distributor and/or wholesaler liable. Defective designs and failure in performance and quality related to warranties are often involved in a product injury claim. Loss of wages is another possible component of CPAP recall claims.

In the case of the Philips CPAP recall, users who suffered specific symptoms or developed illnesses from ingesting or inhaling toxins from the PE-PUR foam could be financially compensated by proving negligence and/or recklessness.

On September 30, the Judicial Panel on Multidistrict Litigation (JPML) heard motions to decide whether 32 of the lawsuits would be consolidated in multidistrict litigation (MDL) in Pennsylvania. If the MDL is set, the pretrial proceedings of all cases would be consolidated to one court. However, each case involving those injured or ill from using a recalled Philips CPAP machine or other respiratory devices would still be tried separately.

An investigation by the FDA could impact lawsuits against Philips Respironics. Details have emerged since the company recalled millions of its CPAP devices in June 2021 – details that allege they were aware of the foam’s potential degradation. The investigation will reveal whether Philips failed to warn about the risks and if there was negligence. In addition, allegations that they held off on the voluntary recall and related dangers to time it with the release of the next generation of devices have been cited in lawsuits.

In contrast, the more recent class action lawsuits by Philips shareholders seem to be preceding with more vigor.  It would certainly be interesting if Philips shareholders receive earlier and greater results than Philips ventilator medical device users.  Financial health is stronger than medical health I suppose - and likely much easier to prove.

[btreger]

RE: >above<

yahoo finance

New York, New York--(Newsfile Corp. - October 8, 2021) - The following statement is being issued by Levi & Korsinsky, LLP:

To: All persons or entities who purchased or otherwise acquired securities of Koninklijke Philips N.V. ("Philips") (NYSE: PHG) between February 25, 2020, and June 11, 2021. You are hereby notified that a securities class action lawsuit has been commenced in the United States District Court for the Eastern District of New York. To get more information go to:

https://finance.yahoo.com/news/sharehold...00896.html


A class-action lawsuit has been filed on behalf of investors who purchased Koninklijke Philips N.V. (PHG) securities between February 25, 2020, and June 11, 2021. 

According to the lawsuit, throughout the Class Period defendants made false and/or misleading statements and/or failed to disclose that: (i) Philips had deficient product manufacturing controls or procedures; (ii) as a result, the Company’s Bi-Level PAP and CPAP devices and mechanical ventilators were manufactured using hazardous materials; (iii) accordingly, the Company’s sales revenues from the foregoing products were unsustainable; (iv) the foregoing also subjected the Company to a substantial risk of a product recall, in addition to potential legal and/or regulatory action; and (v) as a result, the Company’s public statements were materially false and misleading at all relevant times.

https://www.zlk.com/pslra-1/koninklijke-...260&wire=5

[btreger]

REUTERS

October 11, 2021

Judicial panel consolidates Philips CPAP Litigation

A federal judicial panel on Friday granted motions to consolidate pretrial proceedings for more than 110 federal lawsuits against CPAP-maker Philips.

MDL No. 3014 - In Re: Philips Recalled CPAP, Bi−Level PAP, and Mechanical Ventilator Products Liability Litigation

The JPML chose Senior U.S. District Judge Joy Flowers Conti in Pittsburgh to handle consumer class-action claims over the risks posed by the sound-abatement foam used in several models of Philips’ CPAP, Bi-Level PAP, and mechanical ventilators


https://www.reuters.com/legal/litigation...021-10-11/


Another article by the Insurance Journal, the same story:


https://www.insurancejournal.com/news/na...636533.htm

[btreger]

SoClean CPAP Cleaner Class Action Lawsuit – Lying About Its Ozone-filled Cleaners Safety?

By Consider The Consumer on September 17, 2021

Class Action Claims That CPAP Cleaners Offered By SoClean Pose Dangers To Their Users, Company Accused Of Making Untrue Marketing Claims Surrounding Their Product

The SoClean CPAP Cleaner Class Action Lawsuit, filed and led by the complainant Anthony Sakalarios, argues that SoClean falsely advertised and made untrue statements about their auxiliary breathing apparatus cleaner.

Sakalarios details that SoClean markets its CPAP cleaning product as a healthy and safe medical device. Yet, according to him, the CPAP cleaning devices SoClean sells release potentially harmful ozone gas that users may unknowingly inhale while using the said equipment. 

Medical experts believe that when inhaled, ozone gas may lead to coughing, irritation of the throat and lungs, and asthma. Continued exposure may cause irreversible damage to a person’s respiratory system. 


https://considertheconsumer.com/consumer...ers-safety

[btreger]

From CPAP Reviews
Facebook

SoClean files lawsuit against Philips seeking Damages in excess of $200 Million.

- SoClean alleges, Philips has misled the public, deliberately placing blame on SoClean for recall.
- SoClean alleges Phillips' CEO has made false and misleading statements regarding Ozone cleaners

https://www.hmenews.com/.../soclean-sues-philips-seeks...