Lawsuit claims that the blood oximeter meter on the Apple Watch has a “racial basis”
Starting with 2020’s Apple Watch Series 6, those with the device have been able to get an oxygen saturation reading from the timepiece. As Apple has explained, those wearing the Apple Watch 6 or later models can “measure the oxygen level of your blood on-demand directly from your wrist, providing you with insights into your overall wellness.”
Blood oximeter reading on the Apple Watch
Morales proposes that the suit be turned into a class action covering all New Yorkers who purchased the Apple Watch during the statute of limitations. He also wants to add eligible Apple Watch buyers in North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas, North Carolina, and Utah.
The lawsuit noted that research conducted during the pandemic “confirmed the clinical significance of racial bias of pulse oximetry” Based on patient records, the suit pointed out that “For decades, there have been reports that such devices were significantly less accurate in measuring blood oxygen levels based on skin color.” The filing also stated, “The ‘real world significance’ of this bias lay unaddressed until the middle of the Coronavirus pandemic, which converged with a greater awareness of structural racism which exists in many aspects of society.”
Apple says that the blood oximeter on the Apple Watch is “not intended for medical use”
The lawsuit explains that “The conclusion was that ‘reliance on pulse oximetry to triage patients and adjust supplemental oxygen levels may place Black patients at increased risk for hypoxemia. Since health care recommendations are based on readings of their blood oxygen levels, white patients are more able to obtain care than those with darker skin when faced with equally low blood oxygenation.”
Morales is asking the court to be certified as the representative for the classes. He also seeks monetary, statutory and/or punitive damages and interest; costs and expenses, including reasonable attorney and expert fees; and other and further relief as the Court deems just and proper.
