Federal Court Justice Bernard Murphy has granted approval on Gerard Malouf & Partners’ motion to substitute the lead application and manage the Philips CPAP class action.
Eva Lindbloom has qualified as the new lead applicant for the group.
The Class Action was originally brought by Carbone Lawyers on behalf of Peter Lewis, who later brought a bid to discontinue the case in December 2022 after deciding the case was ‘not viable’ and no longer had the funding.
Founder and Chairman, Gerard Malouf, says “our objective is to save this class action from being abandoned and obtain justice for deserving class members across Australia”.
Sleep apnea and other sleep-related breathing conditions affect thousands of Australians, many of whom rely on CPAP machines to maintain open airways while they sleep. Philips Respironics, a top manufacturer of these devices, began a global corrective action for its defective products.
In July 2021, Philips Australia and New Zealand announced an urgent product recall for specific Philips Continuous Positive Airway Pressure (CPAP), BiLevel Positive Airway Pressure (BiLevel PAP) devices, and Mechanical Ventilators.
According to the TGA, if the products are left unfixed, the foam used in the blower box to reduce the noise of the machine may degrade into particles and release certain chemicals or gases which may be inhaled or ingested.
Prolonged and repeated usage of the affected machines may result in a range of symptoms including headaches, nausea, inflammatory responses, asthma, and potentially even carcinogenic effects.
The class action seeks to compensate those affected for pain and suffering, and economic loss.
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