I found this article on the Nine website.
And this notice on the TGA website.
Absolutely nothing on the Product Safety Australia website.
This ship of fools are apparently asleep at the wheel once again and generally only publish recall notices on Sunday.
A couple of weeks ago, there was 1 recall notice on the Monday followed by some 13 recall notices on the Sunday.
I guess someone is milking the overtime or the penalty rates.
Absolutely disgraceful.
These are just therapeutic devices that help people live, nowhere near as important as the recall on “Futureco Global Limited — Barbie ™ Organic Playsuit Size 2” they have just issued …
Hi, I have been using Philips CPAP machines for at least 10 years and when I heard of the recall (from the USA). I immediately stopped using my machine and hired a unit from another manufacturer at $35 per week (now 6 weeks and counting). I cannot get answers from Philips as to how long I will have to wait for a solution and in the meantime I am out of pocket by $35 a week until who knows when?.
Regards Harry
Under ACL (Australian Consumer Law) you can seek compensation for expenses incurred due to Goods or Services that fail.
Keep your records and use your Rights to get reimbursement.
With no response from Philips after registering, and active stone-walling by the company, I returned mine to the retailer and purchased another brand. The warranty is for things like defects in materials and workmanship. This is directly a defect in materials issue, and without any meaningful communication with philips possible, I had no other choice. Very dissapointing Philips!
Perhaps Philips should rename their machines from CPAP to CRAP?
I purchased all of my CPAP machines over the last 10 years (except one Philips that I bought in America) directly from Philips. Unfortunately, it seems to be hard to find out what is happening and I am still paying $35 per week to hire from Resmed. Perhaps I should contact Consumer Affairs in NSW to seek their guidance?
Last week I decided to contact Philips and ask for a refund for the machine and also for the rental. I am very happy to say that I have received a refund for the machine and a refund for the rental has been approved.
So a reasonable outcome.
Cheers Harry
Great work.
There may well be a flood of similar claims following your success.
Philips CPAP fault & recall
I’m uncomfortable with this recall both from Philips and the regulators.
My issues are I registered with Philips on their process & received confirmation on 07 July 2021. I have had no further contact with Philips.
In Dec 2021 I visited my sleep specialist with the machine. He made a suggestion I purchase a spacer, from him, to use which I did.
When I searched for instructions on how to fit the spacer device I found a notice issued by Philips advising not to fit a spacer, it interferes with the pressure settings etc.
I am totally stunned by the whole episode.
Philips for the appalling customer service, the regulator/s, medical professionals for the abysmal lack of interest, knowledge & will to progress the matter to a prompt satisfactory conclusion.
I asked for and received a full refund and purchased from Resmed. I have another Philips CPAP I purchased in the USA but like you have had NO FOLLOW-UP
Thank you
Update on my earlier post.
I have a new Dreamstation provided by Philips.
Just over ten days ago after silence for months, I received email correspondence followed by a phone call from Philips saying they had a replacement Dreamstation, I needed to provide some information for them, once that was done the replacement would be sent.
Yesterday the replacement arrived, with simple arrangements to return the faulty Dreamstation.
Satisfied
For those aware of the class action - email today:
Court Ordered Notice – Proposed Discontinuance of Australian Class Action: Lewis v Philips
|The Federal Court of Australia has ordered this notice to be sent. For further details please read below. Please note, this is a system generated e-mail, replies will not be answered.|
|NOTICE TO GROUP MEMBERS - PROPOSED DISCONTINUANCE OF CLASS ACTION
PETER LEWIS v PHILIPS ELECTRONICS AUSTRALIA LIMITED T/AS PHILIPS HEALTHCARE (ACN 008 445 743) & ANOR (VID565/2021)A. Why are you receiving this Notice?
The Federal Court of Australia has ordered this notice to be sent to persons who may be “Group Members” in the Federal Court class action, Lewis v Philips Electronics Australia Ltd (Class Action). The Class Action is being conducted on behalf of individuals who purchased, rented or used certain sleep and respiratory care devices set out in Annexure 1 (the Affected Devices). This notice has been sent to persons: (i) who registered their interest for the Class Action with the Applicant’s lawyers; or (ii) who registered their Affected Device for corrective action with the First Respondent as part of the voluntary recall, which is underway (Registered Persons) . The Federal Court has ordered that certain contact information for Registered Persons held by the First Respondent be used on a limited and confidential basis to send this Notice by email, if available, or otherwise by post if a postal address is available. A link to this Notice is also being published on the Applicant’s legal representative’s website and on the First Respondent’s corrective action website.
In the Class Action, Mr Lewis alleges that the Affected Devices had a safety defect and that he and Group Members suffered injury, loss or damage as a result. Specifically, it is alleged that the degradation of polyester based polyurethane sound abatement foam in the Affected Devices caused Mr Lewis and the Group Members to be subject to (1) particulate exposure and (2) the ingestion or inhalation of volatile organic compound chemicals.
This is a Court-ordered Notice. It is not a communication issued by Philips in relation to the remediation of your device or the corrective action. For further information about the corrective action, please visit: [Philips Respironics Sleep and Respiratory Care devices | Philips]
B. Reasons for Discontinuance
Mr Lewis has sought leave of the Court to discontinue the Class Action. He, his solicitors Carbone Lawyers, and counsel have decided to discontinue the Class Action due to the following reasons:
- In their opinion, there is insufficient evidence to warrant the continuation of the Class Action at this point in time;
- The Devices in Annexure A are simultaneously the subject of a voluntary recall being conducted by the Respondents. Since the issue of proceedings, the Respondents have been repairing, replacing, or refunding the devices which are the subject of the recall, meaning that any compensation relating to financial loss would be relatively confined; and
- There is an absence of third-party litigation funding.
This means that Carbone Lawyers does not presently intend to continue to act in litigation regarding the Affected Devices.
While the Class Action has been on foot, the representative applicant has been conducting this litigation on behalf of all Group Members. The claims of all Group Members have been part of the proceedings whether or not an individual Group Member has registered their interest in the proceedings or made any step to contact the Applicant’s lawyers.
If the Court grants leave to discontinue the Class Action, the Class Action will come to an end. However, Group Members will still be able to advance a claim that they may have against the Respondents, should they wish to do so. Any claim of a Group Member is subject to applicable time limits which differ depending on whether any claim is proposed to be brought alleging breach of the Australian Consumer Law or alleging negligence. From 60 days after the date of any discontinuance of the Class Action, the time limits which have been paused while the Class Action was on foot, will commence to run again.
C. What Options Are Available to You?
There are three options. The deadline for taking up one or other of the options is the close of business, 27 March 2023. Should you wish to discuss your options, you should obtain independent legal advice and/or contact Carbone Lawyers via the details provided at paragraph D of this notice. The options are:
(1) do nothing, in which case the class action will be discontinued. If the proceedings are discontinued you will still be able to bring any individual claim connected to the Affected Devices, if you wish to do so. Please note that there are strict time limits which apply to bringing claims in Court and if you wish to bring a claim you should seek urgent legal advice in regard to that;
(2) propose yourself or another Group Member to be substituted for Mr Lewis as lead applicant in the Class Action, and thereby take over the conduct of the case. The proposed new lead applicant must be willing to conduct the case on his or her own behalf and on behalf of Group Members, and to appoint lawyers to act in the case and be in a position to meet the legal costs, or to make arrangements for them to be met; or
(3) object to or oppose the proposed discontinuance of the Class Action.
If you wish to take up option (2) or (3) above, you must inform Carbone Lawyers and the Federal Court of this via email by close of business on 27 March 2023. Any email to Carbone Lawyers in this regard may need to be shown to the Court and to the other parties to the Class Action (namely Philips Electronics Australia Ltd and Philips RS North America LLC) and their advisers.
If you wish to follow option (2) or (3) above you are entitled to be heard by the Court in person or in writing.
This is not a communication issued by Philips and does not relate to the remediation of your device or the corrective action. For further information about the corrective action, please visit: [Philips Respironics Sleep and Respiratory Care devices | Philips]
D. The hearing date
The application for discontinuance will be heard by Justice Murphy of the Federal Court of Australia on Monday 3 April 2023 at 9:30 am.
E. Contacting Carbone Lawyers or the Court
Carbone Lawyers can be contacted via the following details:
Phone: 1800 369 888
Email: sleepapclassaction@carbonelawyers.com.auThe Federal Court can be contacted on ea.murphyj@fedcourt.gov.au or 03 8638 6582. Email is preferred.
F. How will Group Members be informed of the outcome?
If the Court grants the discontinuance application with the consequence that the Class Action is discontinued, Group Members will be notified by way of notice published on each of the following websites for a period of not less than 3 months.
(1) The website of the Applicant’s lawyers, accessible at this address:
[https://www.carbonelawyers.com.au/class-actions/philips-cpap-ventilator-machines/]
(2) The First Respondent’s SRC corrective action website, accessible at this address:
[Philips Respironics Sleep and Respiratory Care devices | Philips]ANNEXURE 1: AFFECTED DEVICES - LIST OF THE DEVICES
Product Code Product Description
1029759 BiPAP Synchrony, International.Core Pkg
1038916 BiPAP Auto SV w/ Smartcard Int.
1042900 BiPAP autoSV Advanced w/SmartCard, INTL
1043342 OmniLab Advanced, Core, (International)
1068942 BiPAP Auto SV w/ Smartcard Int.
1111126 OmniLab Advanced plus w/Humidifier INTL
1111127 OmniLab Advanced plus w/HT Humidifier INTL
AU1029756 BiPAP Synchrony Australia
AU1060486 BiPAP AVAPS, C SERIES, AUSTRALIA
AU1061419 BiPAP AVAPS, C Series Core Package with Humidifier
AU1061421 PR BiPAP ST, C SERIES, AUSTRALIA
AU1061423 BiPAP ST, C SERIES, Core Package with Humidifier
AU1161S BiPAP AVAPS 60 series platform
AU1161X BiPAP AVAPS, 60/C Series, AU, 30cmH2O
AU251HS Philips/Respironics New Gen RemStar Plus, w/Humid, w/SD Card, Aust
AU251S Philips/Respironics New Gen RemStar Plus w/SD Card, Aust
AU451HS Philips/Respironics New Gen RemStar Pro w/Humid w/SD Card, Aust
AU451S Philips/Respironics New Gen RemStar Pro w/SD Card Aust
AU461HS REMstar Pro System One 60 Series with Heated Humidifier
AU461S REMstar Pro System One 60 Series
AU461TS REMstar Pro System One 60 Series with Heated Tube Humidifier
AU551HS Philips/Respironics New Gen RemStar Auto A‐Flex w/Humid w/SD Card Aust
AU551S Philips/Respironics New Gen RemStar Auto A‐Flex w/SD Card Aust
AU561HS REMstar Auto System One 60 Series with Heated Humidifier
AU561S REMstar Auto System One 60 Series
AU561TS REMstar Auto System One 60 Series with Heated Tube Humidifier
AU751HS Bipap Auto w/Humid w/SD Card Aust, OBS…Discontd…
AU751S Philips/Respironics New Gen Bipap Auto w/SD Card Aust
AU761HS BiPAP Auto System One 60 Series with Heated Humidifier
AU761S BiPAP Auto System One 60 Series
AU761TS BiPAP Auto System One 60 Series with Heated Tube Humidifier
AU951HS BiPAP Auto SV Advanced System One with Humidifier
AU951S BiPAP Auto SV Advanced System One (OBS. Repl AU961S)
AU961HS BiPAP autoSV Syst One 60 Srs with Heated Humidifier
AU961S BiPAP autoSV System One 60 Series
AU961TS BiPAP autoSV Sys One 60 Srs with HT Humid Obsolete (Repl by DS)
AUG400H15 DreamStation Go CPAP with Humidifier
AUG400S15 DreamStation Go CPAP with Bluetooth®, Australia
AUG500H15 DreamStation Go Auto CPAP with Humidifier, AU
AUG500S15 DreamStation Go Auto CPAP with Bluetooth®, Australia
AUX1131T15 DreamStation BiPAP AVAPS Hum HT
AUX1131T15C DreamStation BiPAP AVAPS Cellular with Humidifier & Heated Tube
AUX400S15 DreamStation CPAP Pro
AUX400T15 DreamStation CPAP Pro Hum HT
AUX400T15C DreamStation CPAP Pro Humid HT Cellular
AUX500S15 DreamStation Auto CPAP
AUX500T15 DreamStation Auto CPAP Hum HT
AUX500T15C DreamStation Auto CPAP Hum HT Cellular
AUX700T15 DreamStation Auto BiPAP Hum HT
AUX700T15C DreamStation Auto BiPAP Hum HT Cellular
AUX900T15 DreamStation AutoSV Hum HT
AUX900T15C DreamStation AutoSV Hum HT Cellular
GBX400S15 GB DreamStation CPAP Pro
GBX500S15 GB DreamStation Auto CPAP
INX9999H19 BiPAP E30 Ventilator w/Humidifier, IN
end
