EAST ST. LOUIS — Phillips North America and others are facing a suit over the Polyester-based polyurethane in their CPAP machines.
Kerry Ray, on behalf of himself and all others similarly situated, filed a complaint Oct. 21 in the U.S. District Court for the Southern District of Illinois Benton Division against Koninklijke Phillips NV, Phillips North America LLC and Phillips RS North America LLC, alleging breach of express warranty and other claims.
According to his complaint, Ray purchased a Phillips Respironics BIPAP Pro DOM Continuous Positive Airway pressure (CPAP) on June 4, 2014. He claims he used the device nightly from June 2014 until February 2021. He alleges he learned in the spring of 2021 that the device was subject to recall due to the presence of PE-PUR Foam. Ray further claims that he suffered respiratory irritation and a persistent cough as a result of the chemical exposure in the foam.
Ray alleges Phillips breached the express warranties, engaged in unfair trade practices and made fraudulent misrepresentations about its CPAP device.
Ray seeks monetary relief, trial by jury and all other just relief. He is represented by Timothy Keller of Aschemann Keller LLC in Marion, Jonathan Cantrell of Hart Cantrell LLC in Benton, Patrick Pendley and Andrea Barient of Pendley, Baudin & Coffin LLP in Palquemine, La. and John Deakle, Russel Johnson and Rome Johnson of The Deakle-Johnson Law Firm PLLC in Hattiesburg, Miss.
U.S. District Court for the Southern District of Illinois Benton Division case number 3:21-CV-01320-DWD