PHILADELPHIA, Sept. 15, 2021 /PRNewswire/ — The national plaintiffs’ law firm Berger Montague today announces that it has been selected to represent Philips CPAP user Tom Wilson of Neenah, Wisconsin, who used a Philips DreamStation I for over three years and is a member of the Facebook Group, «Philips CPAP Recall Support Group.» Tom has seen that group’s membership grow as consumers discover news about the recall of their Philips’ CPAP and BiPAP equipment. Tom felt that injured customers needed leadership, direction, and questions answered. He also felt a need for an online community of users of the recalled machines who could provide support to one another and share information since there has been a lack of information from Philips.
Tom experienced respiratory issues while using the Philips DreamStation I which he documented in a letter to Philips’ CEO, Frans van Houten. After learning of the recall, Tom spent many hours researching the issues and began to write letters to van Houten seeking a resolution for himself and other customers which went unanswered.
Tom has an interesting background differentiating him from the typical CPAP user. In addition to being a consumer advocate and author on the subject, Tom is also a former president of several large global consumer products businesses for Kimberly-Clark Corporation, an American multinational consumer products corporation that today is roughly the same size as Philips, with about $20 billion in revenue. Given his background, Tom has a good feel for business strategy including litigation and felt that the way the Philips’ CEO was managing the crisis was not helping its customers and was causing it to be more costly than it had to be. Tom believed Philips had to reimburse customers for their purchases of replacement equipment and accessories or offer to provide customers with immediate and safe replacement equipment free of charge, but Philips did neither. «Every organization has issues from time to time but how a company proactively manages those issues makes all the difference,» stated Tom.
Because he was not reimbursed by Philips or provided with a new machine, Tom spent $974 of his own money to purchase a new machine from a Philips competitor, money that Tom believes Philips now owes him. In frustration, Tom also decided to join the «Philips CPAP Recall Support Group» on Facebook because he was sure other consumers were in the same boat and he has quickly seen membership in that group increase.
Tom’s next order of business was to select a law firm that he felt comfortable with and that he could feel good about recommending to others. Following an extensive interview process which involved researching and interviewing several firms, Tom selected Shanon Carson, John Albanese, and Dena Young of Berger Montague, who are representing thousands of injured Philips’ customers and who have committed their time and firm’s resources towards obtaining justice for injured consumers.
Berger Montague has already filed the largest lawsuit in the country with plaintiffs from 49 different states plus Washington, D.C. and Puerto Rico alleging the recalled Philips CPAP and BiPAP machines contain a sound abating polyester-based polyurethane (PE-PUR) foam that can break down during ordinary use and emit volatile organic compounds that increase users’ risk of cancer, lung issues such as pulmonary fibrosis, and serious respiratory issues, headaches, irritation, and inflammation. The case is Conley, et al. v. Koninklijke Philips N.V., et al., No. 1:21-cv-11328 (D. Mass.).
Plaintiff Daniel F. Conley, also represented by Berger Montague, served four terms as District Attorney of Suffolk County, Massachusetts, and used two of the recalled Philips CPAP machines for his sleep apnea, the Philips DreamStation and Philips System One. When he learned of the recall, Dan entered the serial number of the older model, the Philips System One, into the recall website, and was informed it was not part of the recall, so began using that machine instead of the DreamStation. Dan, however, later received an email that listed the System One on the recall as well. «The actions of Philips are unconscionable, and I brought this litigation to ensure there is a remedy for injured customers,» said Dan.
Philips now says it will not be able to replace all affected CPAP devices for twelve months, leaving millions of users without a remedy, and with damages and injuries that are continuing to mount. Customers are also now being asked to return their recalled machines to Philips and equipment suppliers for disposal, and Berger Montague advises consumers who believe they have suffered an injury to consult with a lawyer before returning their recalled devices, to ensure the devices are properly preserved for litigation.
«We are honored to represent our clients and will work tirelessly for them,» said Shanon Carson, Managing Shareholder of Berger Montague. «This recall and the admitted defective nature of these products have created a medical crisis for millions of Americans and Philips should promptly provide a resolution including full reimbursement and damages for their customers’ injuries. If any person has been injured by the recalled machines or has information that can help establish liability, they can contact us.»
Berger Montague PC is a national law firm headquartered in Philadelphia with offices in Minneapolis, San Diego, and Washington, D.C. Berger Montague litigates complex civil cases and class actions in federal and state courts throughout the country. Berger Montague has played lead roles in major cases for over 51 years and has recovered more than $36 billion for its clients and the classes they have represented.
Shanon J. Carson
Berger Montague PC
Telephone: (215) 875-4656
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SOURCE Berger Montague