Philips CPAP Class Action Proposed Partial Settlement

John Morel is the representative plaintiff on behalf of settlement Class Members (called the “Representative Plaintiff”). The lawyers for the Representative Plaintiff and Class Members are Rice Harbut Elliott LLP, Sotos LLP. Consumer Law Group, Valeant Legal, Buckingham Law, and Thomson Rogers LLP. This group of lawyers is referred to as “Class Counsel”.

This class action alleges that certain sleep and respiratory care devices manufactured by Philips Respironics, specifically those containing a polyurethane sound abatement foam, degrade over time, releasing toxic particles that may cause serious health issues, including cancer and respiratory damage. Philips Respironics are the Defendants (“Defendants”) in this class action.

The Philips Respiratory Devices covered by this Class Action are Philips and Respironics-branded products that were purchased in Canada between January 1, 2008 and June 14, 2021 and include:

• Continuous Positive Airway Pressure (“CPAP”)
• Bi-Level Positive Airway (“BIPAP”)
• Mechanical Ventilators

These are collectively called the "Recalled Products".

Visit the Recalled Products page for the complete list of affected products.

You are a class member if:

• You live anywhere in Canada; and
• You purchased or used one of the Recalled Products, or you are a family member or estate who purchased a Recalled Device on behalf of someone who used the device and claims to have incurred an economic loss.

Visit the Recalled Products page for the complete list of affected products.

The Estates of persons who purchased and/or used one of the Recalled Products are class members.

The Defendants have agreed to pay $20,000,000 to settle economic loss claims, including notice and administration costs, in exchange for the release of all economic loss claims in the Class Action.

The release will not apply to claims for personal injuries. Personal injury claims are claims for compensation for physical injuries or harm, or related impacts.

Economic Losses as a result of the purchase or use of a device are covered. This includes the Universal Device Payment (UDP) of up to $125 for each product purchased during the class period. The settlement also includes a device replacement payment to compensate class members who purchased a device to replace a Recalled Device following the Recall.

The partial Settlement does not address personal injuries resulting from the use of the Recalled Products.

The approved legal fees will be paid from the total amount paid by the Defendants (i.e. $20,000,000 to resolve all claims).

Class Counsel will seek Court approval of:

• A legal fee of 30% of the settlement amount payable, plus applicable taxes;
• Disbursements (expenses) incurred by Class Counsel to advance the Class Action and administration expenses incurred to administer the Partial Settlement, plus applicable taxes;
• An honorarium of $5,000 for the Representative Plaintiff for the work and time undertaken by him in the Class Action.

All Class Members have the right to object to the approval of the Partial Settlement Agreement, Class Counsel fees, disbursements, administration expenses or the payment of an honorarium to the Representative Plaintiff.

To register an objection, you must deliver a letter or written objection by pre-paid mail, courier, fax or email to the Administrator no later than 5:00 pm (PDT), August 31, 2025.

You should include the following information in the letter or written objection delivered to the Administrator:

1. Your full name, current mailing address, telephone number and email address;
2. Confirmation that you are a Class Member;
3. A statement of the reasons why you are objecting; and
4. Whether you intend to attend the court hearing on your own behalf or through a lawyer, and if by a lawyer, the name, address, telephone number and email address of the lawyer.

To register an objection, please follow the instructions detailed in the Opt Out and Objection section.

If you are a Class Member and you want to participate in the settlement, you do not need to do anything at this time.

After the Court approves the Partial Settlement, information on how to apply for compensation will be made available through public notices and on the settlement website.

In order to receive additional updates on Court approval of the Partial Settlement, you may sign up to Class Counsel’s mailing list.

The Partial Settlement is not binding until the Court approves it.

If the Court approves the Partial Settlement, you will be paid:

1. Up to $125.00 for each Recalled Product in Canada that you owned, less legal and administration fees and disbursements; and/or
2. Up to 30% to 90% reimbursement of the money you spent replacing your Recalled Products with new products if you have receipts for those purchases. The amount you will receive will depend on the age of your Recalled Product(s) at the time of the Recall.

Please note: Class Member compensation may be reduced depending on the number of claims made by Class Members. The amounts set out above will be reduced by the approved legal fee percentage and administration costs.

If you or your family member suffered personal injuries or died from using a Recalled Product, Class Counsel is continuing to advance those claims on behalf of Class Members. The Partial Settlement does not address personal injuries.

All settlements are compromises. They take into account the risk that Class Counsel may not win at trial, and that a trial would have taken much longer before any compensation could be received by Class Members.

On average, these devices need to be replaced after 5 to 7 years.

As a result, you suffered less “economic loss” if you had an older device at the time of the Recall, because you were going to need to replace it soon anyways, regardless of the Recall.

The cost of replacing a CPAP is usually lower than the cost of replacing a BiPAP.

The cost of replacing a BiPAP is usually lower than the cost of replacing a ventilator.

Opting out means that you will not participate in the class proceeding and you will not receive any money or benefits from the settlement. You would have to pursue any claims against the defendant independently.

It is recommended that you obtain legal counsel before deciding to Opt Out.

To Opt Out:

• If you are a Québec resident, you must submit your Opt Out Form to the Clerk of the Superior Court of Québec no later than September 15, 2025 at the following address:
  Clerk of the Superior Court of Québec
  Montreal Courthouse
  1 Notre-Dame St. East,
  Montreal, Quebec H2Y 1B6
  
  The envelope must be postmarked on or before September 15, 2025.
  
  In addition, you may also send your Opt Out Form to the Administrator using the methods described below.
  


• If you reside in any other province or territory, you must send your Opt Out Form to the Administrator no later than September 15, 2025:
  
  • As an attachment to an e-mail to: optout.cpapsettlement@kpmg.ca
  • Fax to: 514-840-2291
  • By mail to:
    KPMG, CPAP Settlement Claims Administrator
    600, boul. De Maisonneuve Ouest, Suite 1500
    Montreal, Québec
    H3A 0A3
    
    If submitted by mail, the envelope must be postmarked on or before September 15, 2025. Submissions by email or fax must be received no later than 5:00 p.m. (PDT) on September 15, 2025.

In a Court hearing on February 21, 2025, the BC Supreme Court certified the Class Action solely for the purposes of this partial settlement. The Québec Superior Court also authorized the Class Action solely for settlement purposes on July 7, 2025.

A further Court hearing will be held to seek approval of the Partial Settlement Agreement by the Court (the “Settlement Approval Hearing”). The British Columbia Settlement Approval Hearing will take place on September 29, 2025 in person at 800 Smithe Street in Vancouver, or via Microsoft Teams. The Quebec Settlement Approval Hearing will take place on September 19, 2025 in person at 1, Notre Dame Street East in Montreal or via Microsoft Teams.

If you are not sure whether you are a Class Member, or have any other questions regarding this class action, you can visit Class Counsel’s website, or ask for assistance by contacting Class Counsel.