The Supreme Court of British Columbia has entrusted a national consortium of law firms with the carriage of a class action related to the recall of Philips’ CPAP and ventilator devices.
The national consortium comprises Rice Harbut Elliot LLP, Sotos LLP, Thomson Rogers, Bob Buckingham Law, Consumer Law Group Inc, and Valent Legal.
On June 23, 2021, Health Canada recalled approximately 35 devices that were manufactured with a polyester-based polyurethane sound abatement foam, due to the risk that the foam could degrade and/or emit certain chemicals, resulting in possible injury to the users. On Sept. 1, 2021, Philips announced it would repair or replace all recalled devices within approximately 12 months.
The class action, which will move forward to certification by the consortium, was initiated by John Morel of Nanaimo, British Columbia, who seeks to recover damages for economic loss, medical monitoring, personal injuries, emotional distress, and the loss of use of the devices on behalf of all Canadians who used the devices. Morel’s action was selected to proceed by the court, which held that one national team pursuing these claims is in the best interests of the proposed class.
The national class is anticipated to include approximately 100,000 Canadians who rely on the devices.
The certification hearing is expected to take place in early 2024. Potential class members are encouraged to register for more information here.
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