A truck driver is pursuing legal action against a medical device manufacturer after the device was recalled for cancer risks, leaving him reportedly unable to drive for work.
Oregon based truck driver Gerry Shelton is seeking class action status against CPAP maker Royal Philips, according to documents filed in the U.S. District Court of Massachusetts.
The suit was filed in response to a recall issued by Royal Philips in June 2021 for certain Bi-Level PAP, CPAP, and medical respirator devices for a possible cancer risk due to sound-dampening polyester-based polyurethane foam used in the devices which could degrade and emit harmful chemicals.
The recall notice said that the inhaled foam may cause “headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects.” According to the recall notice, Royal Philips has no confirmed reports of any health issues caused by their medical devices.
Shelton said that 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 byproduct, and would be subject to a recall for containing defective materials.”
The suit alleges that Shelton has been 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 device.
Shelton also alleges that he went into atrial fibrillation because he isn’t able to get sufficient sleep without a CPAP device.
Shelton is seeking a refund, replacement with a non-defective device, costs for ongoing medical monitoring, and all other appropriate damages for all the injuries he has suffered as a result of his defective Dreamstation device.
For more information about the recall, please click here.