DME provider files lawsuit against Philips
By HME News Staff
Updated 4:05 PM CDT, Wed March 16, 2022
PHILADELPHIA – Baird Respiratory Therapy has filed a lawsuit against Philips, claiming it and other DME suppliers are owed refunds for recalled respiratory devices containing PE-PUR sound abatement foam, according to Law360.
The complaint, filed March 9 in the U.S. District Court for the Eastern District of Pennsylvania, seeks class action status on behalf of all similarly affected suppliers, arguing that Philips breached its warranty and misrepresented the risk related to the foam found in its CPAP and BiPAP devices.
"As a direct and proximate result of Philips' breaches of express warranty, plaintiff and members of the class have been damaged because they purchased recalled products that they are unable to resell," the complaint states. "Plaintiff and members of the class did not receive the benefit of the bargain and suffered damages at the point of sale stemming from their overpayment for the recalled devices."
Baird believes the aggregate class claims will exceed $5 million.
The complaint also argues:
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That Philips delayed its recall, which was issued in June 2021, even as it received complaints on message boards and YouTube about black particles building up in the device airways.
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That Philips misrepresented to sellers that the devices were safe for use.
Baird, based in Glendale, Pa., is represented by Jonathan Shub of the Shub Law Firm, based in North Haddonfield, N.J.
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