A truck driver takes legal action against a medical device maker after the device was recalled over cancer risks, apparently leaving him unable to drive to work.
Oregon-based truck driver Gerry Shelton seeks class action status against CPAP maker Royal Philips, says documents filed with the U.S. District Court of Massachusetts.
The lawsuit was filed in response to a recall issued by Royal Philips in June 2021 for certain PAP, CPAP and dual-tier medical respirators for a possible cancer risk due to the sound-absorbing polyester-based polyurethane foam used in medical devices. devices that could degrade and emit harmful chemicals.
The recall notice stated that the inhaled foam could cause “headaches, irritation, inflammation, respiratory problems and possible toxic and carcinogenic effects.” According to the recall notice, Royal Philips has no confirmed reports of health problems caused by its medical devices.
Shelton said he purchased a Dreamstation BiPAP machine in 2020 and “would not have purchased this product if he had known it was defective, contained a carcinogenic by-product and would be subject to a recall for have contained defective materials “.
The lawsuit alleges Shelton was forced to stop driving trucks because he is not allowed to do so with untreated sleep apnea and he does not have a replacement CPAP machine.
Shelton also alleges that he went into atrial fibrillation because he was unable to get enough sleep without a CPAP machine.
Shelton is requesting a refund, replacement with a non-defective device, costs of continuing medical supervision and all other appropriate damages for all injuries he suffered as a result of his defective Dreamstation device.
For more information on the recall, please Click here.