Philips CPAP Class Action Updates

September 7, 2023

In the parallel case in the United States, Philips agreed to a partial settlement in the amount of US$494 million plus lawyers’ fees. That settlement covers only economic loss claims, such as the costs associated with replacing the devices. It does not include personal injuries or medical monitoring costs, which will be addressed separately.

This settlement is only available to people living in the United States. If you are a United States resident and want to participate in that settlement, you would have to give up your right to participate in our case.

We are attempting to obtain a settlement in Canada as well but, to date, have nothing firm to announce.

August 23, 2023

The court has scheduled the certification hearing from December 9-13, 2024. More information regarding the hearing and how you can attend or observe the hearing will be provided closer to the date.

April 20, 2023

The court granted carriage of this class proceeding to our team, composed of Sotos LLP, Thomson Rogers Lawyers and Rice Harbut Elliott LLP. The decision is available here. We will now be proceeding to certification.

March 15, 2023
The court has informed us that the decision on which law firm gets to proceed will be released by April 20, 2023.

September 20, 2022
We argued the remainder of the motion that will decide which law firm gets to proceed. We are now waiting for a decision.

July 27, 2022
Philips has announced that it plans to replace all of the recalled products by the end of 2023. The announcement is available at this link (Philips Announcement 3).

June 16-17, 2022
We argued part of the motion that will decide which law firm gets to proceed.

March 31, 2022
We held a live virtual town hall will be held to discuss the status and progress of this case and to answer your questions in both English and French. Here is the recording of that town hall:

March 1, 2022
Some dealers have started replacing recalled devices. If Philips or your dealer offers you a replacement device, feel free to take it. Receiving a replacement device, in and of itself, will not disqualify you from participating in the class action. However, if you accept a replacement device, ensure that (1) you do not sign a release of your claims; (2) you keep the tubing of your old device; and (3) you keep the memory card of your old device. For instructions on how to remove the memory device, follow this link (Memory Card Instructions). Failure to do any of those could prevent you from recovering the maximum damages available to you.

February 7, 2022
We filed an Amended Notice of Civil Claim in the Supreme Court of British Columbia, incorporating new information from the FDA report and Philips’ lack of a remediation plan. That document is available at this link (Amended Notice of Civil Claim).

November 9, 2021
The United States Food and Drug Administration released a report concluding that Philips had received hundreds of thousands of complaints about this problem since 2008, but did not take steps to fix the problem or warn consumers. That report is available at this link (FDA Report).

October 4, 2021
Unfortunately, our case will be delayed by almost a year because another law firm, Klein Lawyers LLP, has brought an overlapping claim. As a result, the court now needs to decide which firm is allowed to proceed. The British Columbia Supreme Court has scheduled a hearing for June 16-17, 2022.

September 1, 2021
Philips announced that it would replace all recalled CPAP machines in the US within 12 months, but did not give any timeline for replacing recalled CPAP machines in Canada. The announcement is available at this link (Philips Announcement 2).

August 12, 2021
Sotos, Rice Harbut Elliott, and Thomson Rogers came to an agreement to proceed together in British Columbia, rather than in Ontario.

July 16, 2021
Sotos issued a Statement of Claim in the Ontario Superior Court of Justice.

June 24, 2021
We filed our original Notice of Civil Claim in the Supreme Court of British Columbia.

June 14, 2021
Philips announced the problem to the public. The announcement is available at this link (Philips Announcement 1).

April 26, 2021
Philips announced the problem to its investors, but not to the public.