Sotos Class Actions: Proposed Settlement Reached in National Class Actions Regarding Philips Respironics Devices Français
The class actions address claims from individuals, corporations, hospitals, or partnerships in Canada who purchased or used certain Philips Respironics CPAP, BiPAP, or ventilator devices that were part of a voluntary recall first announced on June 14, 2021.
Key Partial Settlement Details:
Settlement Fund: 20 million CAD to resolve Economic Loss Claims, covering money spent or lost as a result of replacing the device and participating in the voluntary recall.
Compensation Plan: Class Members may be eligible to receive up to $125 per purchased device and a percentage (30%-90%) of the replacement cost if replacement costs were incurred and receipts can be provided, less legal and administration fees and disbursements.
Number of potential affected members: More than 300,000.
This partial settlement does not include personal injury claims. These claims are still ongoing, and Class Members in this settlement keep their right to continue with them.
The courts in British Columbia and Quebec must approve the settlement for it to take effect. If approved, all class members who have not opted out of the class actions will be bound by its terms.
Opting Out or Objecting
Details regarding the approval of the settlement, including the process for allowing Class Members to opt out or object are available at the following address: https://cpapsettlement.kpmg.ca.
Legal Fees
Class Counsel will apply for the approval of fees amounting to a maximum of 30% of the total settlement and an honorarium for the British Columbia Representative Plaintiff, subject to court approval.
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