Valent Legal has filed a product liability class action lawsuit against Philips and its subsidiaries, who collectively form the global healthcare group engaged in the development, marketing, and sale of sleep and respiratory care products. Their products are typically used to treat Sleep Apnea and respiratory failure.
The class action has been filed on behalf of a Class of Canadian purchasers and users of Philips Continuous Positive Airway Pressure (“CPAP”), Bi-Level Positive Airway Pressure (“BiPAP”), and mechanical ventilator devices that incorporate polyester-based polyurethane sound abatement foam (“PE-PUR Foam”). The degradation and chemical emission of the PE-PUR Foam has been found to cause adverse health effects in users of the devices. The devices were recalled by both Philips and Health Canada in June of 2021.
This class action lawsuit alleges that Philips was negligent in the design, development, testing, manufacturing, distribution, marketing, and sale of the recalled devices. It also alleges that Philips breached their warranties made to the purchasers of their devices, breached various legislation, negligently and fraudulently misrepresented their devices, and have been unjustly enriched to the detriment of the Class Members.
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