Alabama man files class action lawsuit against SoClean for degradation of CPAP foam

Alabama man files class action lawsuit against SoClean for degradation of CPAP foam

While most of the complainants who believe they were injured by the recalled Philips CPAP and Bi-PAP devices blame the manufacturer of those devices, some also blame the manufacturer of ozone cleaners SoClean.

That’s what an Alabama plaintiff did in his new SoClean CPAP lawsuit, recently filed in U.S. District Court for the Southern District of Alabama.

Philips blames ozone cleaning for foam degradation

When Philips recalled many of its respirators on June 14, 2021, it said the noise-canceling foam in the devices could degrade over time, potentially sending foam particles and toxic chemicals into the system. device air. There they could be inhaled or ingested by the user.

Philips added in its recall notice that unapproved cleaning methods, such as ozone, could contribute to the degradation of the foam.

SoClean has since argued that Philips cannot blame its device issues on SoClean, and it has filed a lawsuit against the company. But Philips has not changed its stance on the matter and points to the FDA’s warnings about ozone cleaning.

Indeed, the FDA reported in February 2020 that devices purporting to disinfect or sanitize CPAP devices or accessories using ozone or UV light “are not legally marketed for this use by the FDA in the United States, and as such, their safety and effectiveness in use with CPAP devices and accessories is unknown.

William H. Maisel, MD, director of the Office of Product Quality and Evaluation at the FDA’s Center for Devices and Radiological Health, said exposure to high levels of gaseous ozone “can make disease worse. chronic respiratory problems of a patient or increase the risk of a respiratory infection.

The FDA has advised consumers to follow the cleaning instructions provided by the manufacturer of the CPAP, which normally include regular cleaning with soap and water.

Claimant claims SoClean misled consumers about ozone gas use

The Alabama plaintiff has filed a class action lawsuit against SoClean, saying the company has misled consumers when it advertises its CPAP cleaning device.

SoClean devices work by generating ozone to sterilize and deodorize CPAP and other similar breathing devices. Ozone is an unstable poisonous gas that can kill bacteria and viruses.

However, SoClean has not revealed to consumers that its devices emit ozone, falsely representing that its devices use “activated ozone” instead. He also said his devices were safe and healthy and did not use “any harsh chemicals,” although ozone gas is a harsh chemical that can cause respiratory problems in humans.

“SoClean devices are so dangerous and destructive,” says the claimant, “that many of the largest manufacturers of CPAP devices in the United States require buyers to acknowledge that they have been notified that if the purchaser is using a SoClean device to clean their CPAP machine, their CPAP machine warranty will be void.

Increased number of lawsuits against Philips CPAP

The claimant is seeking to represent himself and any other citizens of Alabama who have purchased or used a SoClean device to clean and disinfect their CPAP, Bi-PAP or ventilator device.

Meanwhile, Philips faces a growing number of lawsuits from plaintiffs seeking to recover damages after having to purchase new CPAP machines themselves, or who have used the machines for years and then suffered injuries.

The United States Judicial Panel on Multidistrict Litigation (JPML) recently ordered that all federally filed Philips CPAP lawsuits be centralized in the Western District of Pennsylvania.

Lee J. Murillo