SoClean, Inc. Seeks $200 Million from Philips in Recent Lawsuit

SoClean, Inc. is a New Hampshire-based cleaning products company that leads the market in ozone cleaners. Many patients with sleep apnea who require the use of CPAP or BiPAP devices use SoClean ozone cleaning products to clean their machines.

SoClean filed a recent lawsuit against Philips seeking $200 million, alleging that Philips made false statements publicly associating the cleaning company with the massive recall of millions of CPAP, BiPAP, and ventilator machines. In June 2021, the United States Food and Drug Administration (FDA) announced a global recall of approximately four million Philips machines, with nearly half of those recalled machines affecting patients in the United States.

What False Statements Did Philips Allegedly Make About SoClean?

According to the recent lawsuit, which was filed in the United States District Court for the District of Massachusetts, Philips and the company’s CEO and chairman recommended patients who use the recalled CPAP and BiPAP machines they should “halt use of ozone-related cleaning products.”

The SoClean lawsuit also alleges that Philips suggested on its website and during earnings calls that ozone cleaners were somehow responsible for the issues leading to the recall and stated that “unapproved cleaning methods, such as ozone,” could exacerbate degradation of the sound abatement foam.

SoClean claims that the sound abatement foam degradation, which can cause serious injuries or death in patients, is related to the defective nature of Philips’ machines and has nothing to do with SoClean’s ozone cleaning products. Because of Philips’ public statements, SoClean states that its “sales have plummeted, its brand reputation has been tarnished, and the company has lost an enormous amount of goodwill.”

Mass Tort Litigation Lawyer Discusses Lawsuits Associated with Patient Injuries

Philips faces much more than a $200 million lawsuit by SoClean. Philips is also facing more than 100 lawsuits filed by injured plaintiffs nationwide. Each experienced mass tort litigation lawyer at our firm anticipates that the number of lawsuits filed by injured patients will grow exponentially, which is evidenced by the recent announcement that a multidistrict litigation (MDL) has been formed to handle all claims against Philips concerning the recalled CPAP, BiPAP, and ventilator machines.

Examples of injuries patients are experiencing from the inhalation or ingestion of debris from degraded foam include, among others, the following:

• Cancer or other injuries resulting from the toxic and carcinogenic effects to kidneys, liver, and other organs
• Acute onset asthma
• Irritation of the throat, skin, eyes, and respiratory tract
• Inflammatory response by the body, which can cause numerous health issues

SoClean’s lawsuit hits back at one of the defenses plaintiffs have anticipated based on the representations made above – that the injured plaintiffs are to blame for their injuries because they failed to properly clean the devices. SoClean’s allegations claim the product recall has nothing to do with cleaning methods and instead is directly related to a “poor choice of materials for sound abatement” and a “flawed product design.” SoClean claims Philips could easily have avoided the recall by using safer alternatives available in the market. 

Defective medical device attorneys who have filed lawsuits on behalf of injured plaintiffs allege that Philips’ CPAP, BiPAP, and ventilator machines are defective. A key allegation is that Philips was aware that the sound abatement foam used with the recalled machines degraded and emitted debris and other chemicals that could enter a patient’s airway and took no steps to inform patients and healthcare providers until recently when the June 2021 global recall was issued.

Contact a Mass Tort Litigation Lawyer at Searcy Denney Today

Are you a CPAP or BiPAP user who has suffered injuries after using a recalled Philips product? If so, you may have a potential legal claim against Philips. To find out whether you qualify to move forward, it is important to speak with a mass tort litigation lawyer about your situation.

At Searcy Denney, our mass tort lawyers are investigating potential Philips CPAP, BiPAP, and ventilator claims. To receive your free consultation, contact our office today by calling (800) 780-8607 or by completing a contact form on our website.