CPAP Class Action Lawsuit Settlement

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
babesbarn
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CPAP Class Action Lawsuit Settlement

Post by babesbarn » Sat Dec 09, 2023 8:04 pm

If you are a CPAP user using any of the Recalled Phillips Respironics Systems you may be getting a letter package to submit claim for an award.

I read all the pages and actually with a lifted eyebrow-found it almost insulting. I began using a System One CPAP in 2010. It was very loud and my husband complained constantly as it was disturbing. But I needed it and within two years finding a hearing loss so I stopped using it. Looking like brand new as I kept it clean and all new parts I was lost without my CPAP for breathing. I was a regular on this board and purchased many items and gave advice from my own experience on the CPAP Peoples board. Now I was lost as I had a choice to either go completely deaf or not breathe.
It took me several years to get qualified for another CPAP machine. My cardiologist made it "Happen" for me" I had to go through the Sleep Center testing and requalify. That was in Spring of 2021. Yes many a year went by without a CPAP and my heart was getting the stress. Finally, a CPAP Arrives " A Dreamstation Auto CPAP with Humidifier YEAH ! All set with my Wifi set and the newest configurations. No more Sim card or whatever had to be adjusted by the Surgical Supply house as now THIS one uses Wifi!. Ok, I have it nine days and I find out that there is a "recall" not only on the Dreamstation I have but the one that I previously used that deafened one ear (supposedly I will say). I call Philips Respironics and although I still have everyones name they brushed me off asking for the serial number and model and details and they will be in touch but to return it to the Supplier as it was less than 30 days in use.

After contacting the Supplier (who knew nothing of the recall as I must be the first person to call, they said they would take it back and they sent a technician and I wrote everything down S/N and Model So there would be proof. I have the paperwork too Still. They took the modem and plug leaving me with a humidifier box and my headgear and tube. So I put this away nice and neat along with the other one that looks brand new and ten years old and wait and wait. I call and call, No answers, except I am on the list.

So I start asking people if they had this issue and they say "Oh I am not giving mine to anyone as I won't have anything to use and I need it! Ok, but This DreamStation was quiet and apparently the filter had an issue with ending up in particles in the hose and was choking people. (So I was to understand) Anyway, like I said that was 2021 June of 2021. I called so much and made notes and nothing ever came of it. In the meantime, I had no CPAP and not eligible for another one as Philips is supposed to replace the one I gave back. "Never happened".
So, this past Spring, my doctor was so frustrated with it all she set me up with another couple of tests. I decided to change suppliers as the last supplier did nothing to assist me except get the machine and can't do a thing in my behalf.

Finally I get a beautiful New ResMed Air Sense 10 and finally I am sleeping. My heart isn't so good with all the wait but I have it.

Now here is the "kicker". When it arrived, I had given up on the System one CPAP which was taking room up in my cedar closet. So I sent it to the dump on Trash pickup. That was only a few weeks ago too. Now I get this letter as many of YOU will get stating that you may be eligible for a cash reward from a proposed class action settlement. I read through it and yeah maybe with my receipt that I have which sent the DreamStation back I might get a hundred dollars. And they offer different amounts for other listed Respironics Systems that were recalled. And they will even send you a postage paid return packaging slip so you do not have to pay for the shipping. BUT...what the heck good is that when you will have no replacement? They want to send you a couple hundered dollars but you are suffocating in the meantime? But if you have your old one, jump on the bandwagon and at least if you hoarded the old one, you might get a little bit of cash on that. What about being Deaf? What about not having a Sleep Apnea System to keep you alive while you did not have one? Now this is not a venting board I know. But I am sure some people here will see this nice envelope with numerous kind of double talk information stating you MAY qualify for a award. So keep your eyes open and consider the alternative to sending your system back. No one is getting their replacement that I have spoken to and its been two years plus. Sorry for the long story but this is important - keep breathing!

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chunkyfrog
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Re: CPAP Class Action Lawsuit Settlement

Post by chunkyfrog » Sat Dec 09, 2023 11:36 pm

The only satisfactory settlement is to avoid that company entirely.
Sorry they got you twice!

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Conrad
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Re: CPAP Class Action Lawsuit Settlement

Post by Conrad » Sun Dec 10, 2023 8:37 am

I too received the email that babesbarn is talking about above yesterday.


The Philips recall info site has a link to the info here, scroll down to Latest Updates.

https://www.usa.philips.com/healthcare/ ... src-update


The link points to the info as described by the email I mentioned above.

https://www.respironicscpap-elsettlement.com/

Once you're at the site above, click on Important Documents, then the Amended Class Settlement Agreement and Release of Economic Loss Claims pdf button. Buried in that is the info from email that I received.
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Rogue
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Re: CPAP Class Action Lawsuit Settlement

Post by Rogue » Mon Dec 11, 2023 8:08 am

Its scary to just click on links. Is this for real? Notbsome scam?

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Conrad
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Re: CPAP Class Action Lawsuit Settlement

Post by Conrad » Mon Dec 11, 2023 8:30 am

Rogue wrote:
Mon Dec 11, 2023 8:08 am
Its scary to just click on links. Is this for real? Notbsome scam?
Since I posted the links, I guess that you're asking me?

If this was some sort of scam, how do you think that I would answer your question?

Do you see the links? Mouse over em, do they look real?

I'm rather shocked that there aren't more comments in this thread. This is a pretty big development in the ongoing saga.

It is only Monday, and this email appears to have gone out to folks on Saturday...
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Conrad
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Re: CPAP Class Action Lawsuit Settlement

Post by Conrad » Mon Dec 11, 2023 9:02 am

Question for the OP.

Are you saying that your first cpap, a System One, contributed and/or caused deafness in one of your ears because it was too loud? Maybe that's not what you mean but you sure seem to imply it.

I also have hearing issues and after having surgery to help correct the issue in one ear, the doc told me to DC my cpap use for 6 weeks. I did, no problems.
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chunkyfrog
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Re: CPAP Class Action Lawsuit Settlement

Post by chunkyfrog » Mon Dec 11, 2023 11:44 am

I have difficulty believing that the sound from a cpap could cause hearing damage.
Of course, I have only used Resmed machines . . .
A former colleague had severe hearing loss from being a DRUMMER.
Nowhere near the volume emitted by any cpap.
Come on folks!! Let's be real.

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Grumpy48
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Re: CPAP Class Action Lawsuit Settlement

Post by Grumpy48 » Mon Dec 11, 2023 12:09 pm

I received a paper copy of the settlement via USPS a few days prior to getting one in my email.

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Conrad
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Re: CPAP Class Action Lawsuit Settlement

Post by Conrad » Tue Dec 12, 2023 9:26 am

I just completed all the forms at the above-mentioned website for the recall.

I had previously returned two recalled machines to Philips.

According to the site, I'll be receiving. ~$500 total for the two machines plus some compensation for the machine that I paid for out of my own pocket. It's not clear how much I will get back for this machine though. The entire amount? A portion? Dunno.
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amenite
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Re: CPAP Class Action Lawsuit Settlement

Post by amenite » Tue Dec 12, 2023 12:59 pm

In true Philips fashion I received 6 copies of the notification email - two for each of my three registered machines, or is it three for each of the two I had replaced? Perhaps we'll never know. But if there any signing away of any future Philips liabilities I will be opting out. Have yet to read any of this in detail, film at 11.

dankoziolek
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Re: CPAP Class Action Lawsuit Settlement

Post by dankoziolek » Fri Dec 15, 2023 3:33 pm

I got the letter and don't know how to respond. The machine I have is now 4 years old. I registered on Philips site when the recall was announced, but haven't heard anything about a replacement. I've continued to use it with an in-line filter on the hose, which is working well. This filter gets dirty about as fast as the internal filters, and it looks like dust, not foam. Either way, I'm happy to not be breathing it in during the night.

I'd like to switch to a Res Med Aircurve 10 ASV, but even if I could get my hands on one, it would cost many times more than what Philips thinks my CPAP is worth. My current thinking is to keep the machine I have until my insurance will pay a portion of a new Res Med machine.

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chunkyfrog
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Re: CPAP Class Action Lawsuit Settlement

Post by chunkyfrog » Fri Dec 15, 2023 4:06 pm

Considering how easily some people spend ridiculous money on electronics,
designer crap, and status trophies; why is it so hard to move HEALTH a little
higher on the list of priorities?
SMH.

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amenite
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Re: CPAP Class Action Lawsuit Settlement

Post by amenite » Fri Dec 15, 2023 5:50 pm

dankoziolek wrote:
Fri Dec 15, 2023 3:33 pm
I got the letter and don't know how to respond. The machine I have is now 4 years old. I registered on Philips site when the recall was announced, but haven't heard anything about a replacement. I've continued to use it with an in-line filter on the hose, which is working well. This filter gets dirty about as fast as the internal filters, and it looks like dust, not foam. Either way, I'm happy to not be breathing it in during the night.

I'd like to switch to a Res Med Aircurve 10 ASV, but even if I could get my hands on one, it would cost many times more than what Philips thinks my CPAP is worth. My current thinking is to keep the machine I have until my insurance will pay a portion of a new Res Med machine.
I finally had to call them to get anything moving at all on replacements since their portal page would just error on me any time I tried to check in using valid registered serial numbers. Finally called and they moved it along for me, as if they had done this many many times. I was getting emails though - if you're not even getting those definitely call them. The particles are supposedly as small a 3 microns, tiny. very very fine particles that would not at all resemble foam.

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katwalk
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Re: CPAP Class Action Lawsuit Settlement

Post by katwalk » Sat Dec 16, 2023 8:19 am

I too received the Philips class action law suit form but haven't read through it entirely yet. This is the second Resmed DreamStation machine I received as replacement for the warranty issue in 2021. Now this one also needs to be returned. I can safely say that I do not want any more Philips cpap products as replacements. There is a big problem there and my health and pocketbook can't handle it.
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amenite
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Re: CPAP Class Action Lawsuit Settlement

Post by amenite » Sat Dec 16, 2023 9:07 am

katwalk wrote:
Sat Dec 16, 2023 8:19 am
I too received the Philips class action law suit form but haven't read through it entirely yet. This is the second Resmed DreamStation machine I received as replacement for the warranty issue in 2021. Now this one also needs to be returned. I can safely say that I do not want any more Philips cpap products as replacements. There is a big problem there and my health and pocketbook can't handle it.
I am also taking a pass on more Philips products. I like their some of their light bulbs and that's about it. Read through the FAQ for an overview of what they are offering. One should be able to get a reasonable reimbursement for replacements they purchased on their own assuming this offer holds up. And it does not appear to be a release of any future liability either; that's kind a requirement for me to participate.