Mike Rader, Kip Robertson and Jim Frickleton with Bartimus Frickleton Robertson Rader, PC and the Votava Nantz & Johnson law firm recently filed class action lawsuits in ten states against SoClean, Inc., a large manufacturer of CPAP cleaning devices. The class action lawsuits allege the SoClean device is defective and potentially dangerous because it generates prohibited amounts of ozone resulting in significant damage to the internal parts of the plaintiffs’ CPAP machines. The damaged caused by the excessive corrosion renders the SoClean device worthless. BFRR and VNJ filed these lawsuits on behalf of SoClean customers living in Missouri, Kansas, New York, California, Texas, Arizona, Colorado, North Carolina, Louisiana and Mississippi.
"We look forward to righting this wrong for the thousands of consumers who were taken advantage of by a big corporation," says Bartimus Frickleton Robertson Rader Attorney, Mike Rader.
Read the full Kansas City Business Journal article here or continue reading below:
Two Kansas City-area law firms seek class-action status for a dispute against SoClean, a manufacturer of cleaning devices for CPAP machines that treat sleep apnea.
Leawood-based Bartimus Frickleton Robertson Rader PC and Kansas City based Votava Nantz & Johnson filed 10 lawsuits against SoClean in 10 states, including Kansas and Missouri. SoClean faces 13 additional similar cases filed by other law firms nationwide.
The lawsuit filed in the U.S. District Court for the Western District of Missouri accuses SoClean of damaging crucial components inside the CPAP machines, rendering them useless.
The SoClean machines generate ozone, a known disinfectant, to clean the CPAP machines. The Food and Drug Administration allows using ozone to disinfect medical devices at levels no higher than 0.05 parts per million by volume of air.
Multiple studies have shown that high levels of ozone are known to be highly caustic and corrosive, especially if water is present. The plaintiffs claim that SoClean’s devices generate prohibited amounts of ozone, which remains within the CPAP mask, hose and tank after cleaning and damages crucial components.
Plantiffs also accuse SoClean of fraudulent misrepresentation in saying that its devices use no “harsh chemicals” to clean CPAP machines and that the devices are safe for use in cleaning the machines.
The lawsuits also accuse SoClean of breach of contract, unjust enrichment and breach of warranty. Representatives of SoClean could not be reached for comment in time for publication.
SoClean has been involved in other lawsuits related to allegations that its ozone cleaners damage CPAP machines. SoClean is suing Philips, a maker of CPAP machines, for making “false and misleading statements” that “wrongfully suggested to consumers, distributors, healthcare professionals and the general public that SoClean and its ozone cleaners were somehow responsible for the product recall.”
More than 15 million Philips Respironics CPAP and BiPAP machines sold between 2009 and April 2021 were recalled in June because of toxic foam used for sound abatement in the breathing devices. The foam would degrade and create a breathing hazard for users.
Philips issued a news release stating, “The foam degradation may be exacerbated by use of unapproved cleaning methods, such as ozone, and high heat and high humidity environments may also contribute to foam degradation.” SoClean's lawsuit argues that the statement was false and misleading, causing it to suffer at least $200 million in damages.