Canadian Philips CPAP and Medical Device Claims to be Advanced by National Consortium of Law Firms

TORONTO, May 16, 2023 /CNW/ - On April 19, 2023, the Supreme Court of British Columbia awarded carriage of a class action associated with the recall of Philips' sleep apnea (CPAP) machines and ventilators (the "Devices") to a national consortium of law firms. The national consortium is comprised of Rice Harbut Elliot LLP, Sotos LLP, Thomson Rogers, Bob Buckingham Law, Consumer Law Group Inc. and Valent Legal (the "Consortium").

By way of background, on June 23, 2021, Health Canada recalled approximately 35 Devices that were manufactured with a polyester-based polyurethane sound abatement foam, due to the risk that the foam could degrade and/or emit certain chemicals resulting in possible injury to the users. On September 1, 2021, Philips announced it would repair or replace all of the recalled Devices within approximately 12 months.

The class action, which will move forward to certification by the Consortium, was initiated by Mr. John Morel of Nanaimo, British Columbia who seeks to recover damages for economic loss, medical monitoring, personal injuries, emotional distress and the loss of use of the Devices on behalf of all Canadians who used the Devices. Mr. Morel's action was selected to proceed by the Court, which held that one national team pursuing these claims is in the best interests of the proposed class.

The Court awarded carriage of the action to the Consortium, who will advance these important claims for Canadians. It is anticipated that the national class includes approximately 100,000 Canadians who rely on the Devices.

The certification hearing is expected to proceed in early 2024. The Consortium invites potential class members to register for more information at https://cpapclassaction.ca/register/

SOURCE Sotos Class Actions

For more information, please contact by region: Western Canada - Anthony Leoni of Rice Harbut Elliot LLP at 604-682-3771; Ontario - Louis Sokolov of Sotos LLP at 416-572-7316; or Stephen Birman of Thomson; Rogers at 416-868-3137; Quebec - Andrea Grass of Consumer Law Group Inc. at 514-266-7863; Newfoundland and Labrador - Bob Buckingham Law at 709-739-6688; Maritimes - Michael Dull of Valent Legal at 902-443-4488