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

[jtravel]

I'd sure prefer a remediated/rebuilt DS than the crappy DS2 to replace my PRS1.

I was hoping for a DS1 as well and was somewhat disappointed  to receive the two DS2 machines as replacements for my two systems ones.  After using the DS2 however it has grown on me and is quieter than my old system one devices and works just as well.  
You could try calling the Philips recall toll free number and ask if they can add a note to your record that you want a DS1 remediated replacement and not a new DS2 ,  Don't know if it will make a difference but might be worth a try.

[chasmm]

I was hoping for a DS1 as well and was somewhat disappointed  to receive the two DS2 machines as replacements for my two systems ones.  After using the DS2 however it has grown on me and is quieter than my old system one devices and works just as well.  

I was a bit conflicted about whether I'd prefer a DS1 or DS2.

I bought a DS2 2-3 weeks before the recall was announced and it arrived the week after the recall announcement, so I've been using the DS2 for the past 18 or so months. 

I think I prefer the DS1 as a machine and for its user-experience. My treatment results seem to be the same whether I use a DS1 or DS2.

I recently received 2 of the 3 recall replacements; a recertified DS1 head unit for MY DS1, and a new DS2 for my System One. I setup the recertified DS1 and used it for 3-4 nights to make sure that it worked properly...it did. Then the new DS2 arrived and I decided to use it as my primary machine, relegate my existing DS2 to the "lives at my daughter's home" machine, and the recert-DS1 as my backup. 

I guess it boils down to...I just like the form factor of the DS2 on my nightstand. I've gotten away from using humidification, so the oddness of the DS2 water handling isn't a factor.

Of course, YMMV.

[WakeUpTime]

The Australian Class action has been discontinued ... https://view.apac.ph.mc.philips.com

Interesting to see Philips Australia "promote" the discontinuance on the Philips Australia site.  The request for discontinuance of this one specific class action in Australia has the law firm stating:

1) In their opinion, there is insufficient evidence to warrant the continuation of the Class Action at this point in time;

2) Since the issue of proceedings, the Respondents have been repairing, replacing, or refunding the devices which are the subject of the recall, meaning that any compensation relating to financial loss would be relatively confined; and

3) There is an absence of third‐party litigation funding.

Group Members will still be able to advance a claim that they may have against the Respondents, should they wish to do so. 

After reading it, some things come to mind:

• large class actions indeed need large law firms with deep pockets that are willing to go the distance with ongoing costs
  
• non-US class actions should try to track US class actions if possible so that they don't need to duplicate efforts and costs
  
• Australians have seen a significantly better Recall response as a result of their tremendous consumer protection laws
  
• Philips may have provided incentives to close out this one class action in Australia
  
• other Australian class actions may exist or come out in the future that track the U.S. class action steps and results
  
• there are individual law suits (consumer and business) that will continue against Philips Australia
  

Law suits, in my opinion, should pursue damages in addition to having to prove immediate personal health damage.  For example, if through a company's neglect, I was forced to consume unintentional chemicals or contaminants as a result of using their product, even though there hasn't (yet) been serious health consequences, there could be in the future.  Even if there isn't, there should be penalties and compensation for consumers of the faulty products for inappropriate consumption of those substances as a result of corporate neglact (deliberate or otherwise).

For the Ohio train disaster, if there was indeed corporate neglect, and possibly even government neglect in not appropriately classifying that train's hazardous chemical category correctly, residents should seek damages far in excess of immediate health consequences, or damages to their animals.  Harmful chemical health effects could last, or not be seen, for 20 years in their case.  There are damages to their asset values and incomes, both immediate and long-term.  In their case, it would be a mistake to cap corporate liabilities to the immediately shown damages.  Properties will have significantly less valuations and area businesses will close as a result of immediate and longer term business losses.  Significantly higher rates of birth defects will likely develop in newborns.  Most 9-11 rescue workers didn't show their massive health issues until many years afterwards.

In addition, all individual and class actions should seek to recover additional consumer costs (xPAP replacements, etc.) that took place as a result of the Recall announcement.  Many xPAP users immediately purchased replacement devices rather than waiting 12-18 months for a replacement.  Let's not forget the FDA classification of this recall as well as Philips initial notices to immediately stop using the devices (after consultation with physicians).

There are many other country Philips class actions (Canada, U.K., France, etc.).  They're likely tracking or following the steps taken in the very large multi-jurisdiction U.S. class action.

[pswartz]

After registering my “BiPap Auto 960P System One 60” in August 2021, and sending in my RX / using the dream mapper software, I finally got my last two machines today.  They are new DreamST AutoSV  Model DSX900S11F. 
 
These were sent directly from Phillips… the portal stated that they would be fulfilled by the DME, but after a number of round with Phillips and the two DME’s, they showed up.
 
Note that DME’s these were “assigned to” emphatically denied that they were not fulfilling any machines for Phillips.  It took a number emails and calls, but seems Phillips did what I asked which was to change them from being assigned to a DME to being fulfilled directly. 
 
The emails and phone numbers which were most helpful were:  pcms.support@philips.com  and 800-345-6443 then # and 5
 
After 18+ months, I can close the chapter on this!

[btreger]

FIERCE

Biotech

Philips recall of 21K previously recalled, repaired ventilators nets FDA Class I Tag

Philips disclosed that it had identified two potential issues in some of the newly refurbished ventilators.

Since then, those concerns have escalated into a voluntary second recall of those devices, and, this week, the FDA announced that it had given the latest safety event its most serious Class I rating.

The re-recall covers a total of 21,345 ventilators around the world that were included in the original June 2021 recall and were repaired between March and September of 2022, according to entries in the agency’s recall database. They include several models of Philips’ Trilogy 100 and 200 ventilators and one Garbin model currently in commerce.

Though Philips quickly moved to replace the PE-PUR material in the affected devices with a new, silicone-based alternative, the company has since found that some of the reworked ventilators may still contain remnants of the PE-PUR foam. The FDA noted, “Further exposure to PE-PUR foam may cause potential health risks, which can result in serious injury, cause permanent impairment, and require medical intervention to prevent permanent injury to users.”


Philips recall of already-repaired ventilators is FDA Class I (fiercebiotech.com)

[SuperSleeper]

the company has since found that some of the reworked ventilators may still contain remnants of the PE-PUR foam.

Wow.  Even more "amazing" news.  

Wonder if in the future, they'll find that some of the "reworked" CPAP machines have the exact same potential for "still containing remnants of the foam"??

Doesn't exactly foster confidence in the re-certified DreamStation machines that have been sent out, does it?

[Phaleronic]

Wow.  Even more "amazing" news.  

Wonder if in the future, they'll find that some of the "reworked" CPAP machines have the exact same potential for "still containing remnants of the foam"??

Doesn't exactly foster confidence in the re-certified DreamStation machines that have been sent out, does it?

The remediated DS1 APAP they sent me finally, has the new silicone based foam, but I'm going to replace that with a foamless airchamber just to be safe.

[btreger]

REUTERS

Philips management will not receive bonuses for 2022

AMSTERDAM, Feb 21 (Reuters) - Dutch health technology company Philips' (PHG.AS) top management will not take any bonuses for 2022 after a global recall of respiratory devices resulted in a 70% plunge in the company's market value, it said on Tuesday.

Given the company's performance and the hostile experience of shareholders and other stakeholders, the current management board has waived any 2022 annual incentive payouts, the company said in its annual report.

"2022 was a very disappointing year for Philips and its stakeholders," it said.

You Think

Philips management will not receive bonuses for 2022 | Reuters

[SuperSleeper]

a global recall of respiratory devices resulted in a 70% plunge in the company's market value, it said on Tuesday.

Wow.  Just... wow...        

[btreger]

This is meant for anyone that has signed on to The Class Action Law Suit:


IN RE PHILIPS RECALLED CPAP,
BI-LEVEL PAP, AND MECHANICAL
VENTILATOR PRODUCTS LITIGATION

MDL No. 3014

AMENDED PRETRIAL ORDER

I. SCOPE OF THE ORDER
This Order applies only to United States citizens or residents who have asserted, or seek to 
assert, personal injury claims related to the use of one or more of the recalled CPAP, Bi-Level 
PAP, or mechanical ventilators devices at issue in this litigation (the “Recalled Devices”) 
(“Personal Injury Plaintiffs”). No personal injury claims may be asserted in current and futurefiled cases in this MDL other than pursuant to the terms of this Order.
 
II. PLEADINGS FOR PERSONAL INJURIES
In light of the inefficiencies of drafting unique personal injury complaints and individual 
answers to those complaints, the Parties have agreed to the following procedures related to the 
pleadings in personal injury cases. This Order is binding on all parties and their counsel in all such 
cases. Nothing in this Order is intended to (or does) alter the applicable provisions of the Federal 
Rules of Civil Procedure or the Local Rules of this Court, except as otherwise provided herein or 
in any subsequent Order.

3014_Amended_Pretrial_Order_28a.pdf (uscourts.gov)