In 2021, Philips began a worldwide recall of certain CPAP, Bi-Level PAP, and mechanical ventilator devices. These are commonly used to treat sleep apnoea and other respiratory conditions. The recall was triggered by a serious fault: a type of foam used inside the machines to reduce noise—polyester-based polyurethane (PE-PUR)—was breaking down.
This foam degradation might result in the release of toxic particles and gases, including potentially cancer-causing chemicals. As a result, users may have unknowingly inhaled harmful substances during therapy.
What Went Wrong—and Why It Matters Legally
Philips, as a medical device manufacturer, has a duty of care to ensure its products are safe for use. That duty includes thoroughly testing materials for durability and long-term safety—especially for devices intended to be used nightly, over many years, and directly affecting a person’s breathing.
Failing to detect or disclose that the foam could degrade, and releasing products to market anyway, represents a breach of that duty. It means Philips may have failed to take reasonable steps to protect users from foreseeable harm—one of the key standards under Australian negligence law.
Health Risks and Delayed Action
Users have reported symptoms ranging from headaches and irritation to more serious respiratory issues. Inhaling degraded foam particles or chemical gases over time can potentially lead to long-term health consequences, including cancer and organ damage.
What’s worse is the timeline. Philips first initiated the recall in mid-2021. But even as late as early 2024, many Australians were still waiting for replacement devices. Some even received replacement BiPAP devices with incorrect settings, rendering the therapy ineffective or uncomfortable.
The Therapeutic Goods Administration (TGA) fined Philips Electronics Australia $133,200 for delays and poor communication during the recall—another sign of the company’s failure to meet basic responsibilities to patients and health professionals.
If You’ve Been Affected
If you use a Philips CPAP, Bi-Level PAP, or ventilator device, it’s vital to act:
- Check if your device is on the recall list. You can visit the Philips recall site to find out.
- Register your device. If you haven’t yet, make sure it’s registered so you can receive a replacement or refund.
- Seek medical advice. If you’ve experienced new or worsening symptoms, speak with your doctor or specialist.
- Consider your legal options. If your health has suffered due to one of these devices, you may be entitled to compensation. Negligence in medical product design or response can give rise to legal claims.
How We Can Help
At The Law Office of Conrad Curry, we understand how devastating it is to be let down by the very products meant to improve your health. Our team has deep experience in product liability and medical negligence, and we approach each case with compassion and clarity.
If you’ve been affected by the Philips recall, don’t face it alone. We’re here to guide you through your legal options and help you seek the justice you deserve.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
