Gerard Malouf & Partners (GMP) has now taken over the proceedings with lead plaintiff Luciano Tomai, who has alleged it took the company 12 months to replace the recalled machine.

“Almost three years after the recall, and due to a lack of progress in legal proceedings, sufferers affected by these faulty machines are still without justice or compensation,” Gerard Malouf said.

“This machine was designed to alleviate health issues, but has in some cases resulted in users requiring surgery trying to manage the side effects. Philips must be held accountable.”

Research discovered foam designed to reduce the noise degraded over time, so users were allegedly breathing in potentially harmful levels of particles and gas, including formaldehyde. The potentially fatal chemicals have been linked to respiratory issues and cancers.

GMP’s class action alleges that not only had Philips failed to adequately test and evaluate the machines, but the company then failed to warn consumers about the dangerous chemicals.

Tomai said he used the machine for eleven years and had been forced to use it for another year once he learnt of the recall.

He alleges his health issues, including surgeries to remove a kidney and a piece of his liver, were a result of the machine.

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“My health has gone downhill quite rapidly since I started using the machine,” Tomai said.

“To know that they were aware of these issues for years and did nothing about it is disgraceful. Their recklessness has had a life-changing effect on people.

“I want to see them held responsible.”