Philips CPAP Machine Lawsuit
In June 2021, Philips issued out a voluntary recall notification for its continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and mechanical ventilator devices after finding a defect that could pose as a major health risk to consumers. The sleep apnea devices contain polyester-based polyurethane (PE-PUR) sound abatement foam, which can degrade over time and seep into the devices’ air pathways.
Consumers who inhaled or ingested PE-PUR during sleep may be at risk of developing various types of cancers since the chemical is considered highly carcinogenic. If you or a loved one developed cancer or another serious health issue as a result of using a recalled CPAP device, a Philips CPAP machine lawsuit lawyer from Cook, Bradford & Levy, LLC, can help you prepare your case against the manufacturer.
Philips recalled millions of CPAP machines that were found defective
After Philips sent out the recall, the U.S. Food and Drug Administration (FDA) also sent out an alert about the medical devices to people in the United States. Among the reasons for why the device is being recalled, the FDA notes the following side effects can occur if people continue to use the sleep apnea machines:
- Skin and eye irritation
- Respiratory tract irritation
- Nausea and vomiting
- Kidney and liver damage
- Other adverse effects on organs
So far, the FDA states that there have been 1200 official complaints made about Philips medical devices in the United States, with more than 100 injuries claimed.What Makes the Philips CPAP Machines Unsafe for Use?
PE-PUR is the main component of the sound abatement foam found in Philips’ CPAP, BiPAP, and mechanical ventilator machines. The purpose of the foam is to reduce as much sound as possible from the devices. However, PE-PUR has the ability to break down into small particles, which can enter the device’s open-air paths, such as the tubing.
Users then risk inhaling or swallowing PE-PUR while they are sleeping, which allows the carcinogenic to circulate through their respiratory systems. Many users have complained about severe coughing, sinus infection, and chest pressure—but serious cases can develop into lung cancer or other chronic illnesses. If you notice black debris in the air pathway of the device, discontinue use and consult your physician for testing.Devices That Were Listed in the Philips CPAP Machine Recall
Philips has released a medical device recall notification on various Respironics sleep and respiratory care devices. You should discontinue use of any of the following devices immediately:
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation GO CPAP, APAP
- DreamStation CPAP, Auto CPAP, BiPAP
- OmniLab Advanced Plus (In-Lab Titration Device)
- SystemOne ASV4
- SystemOne (Q series)
- C Series ASV
- C Series S/T and AVAPS
- E30 (Emergency Use Authorization)
- REMStar SE Auto CPAP
- Dorma 400 CPAP
- Dorma 500 CPAP
The recall does not affect all Philips sleep apnea machine products, so you should consult your physician to discuss alternative life-sustaining ventilation prescribed therapy methods. For example, you may be able to use continuous ventilator products like the Trilogy 100 Ventilator or A-Series BiPAP V30 Auto Ventilator instead of your current product.Do You Qualify to File a Philips CPAP Machine Lawsuit?
If you used one of the recalled devices listed and suffered adverse effects, you may be entitled to file a CPAP machine lawsuit against Philips. A personal injury lawyer from Cook, Bradford & Levy, LLC, can help you organize the materials to build your case.
Keep in mind that some of the key information you must prove in your case involves the following:
- You purchased or obtained the Philips CPAP machine through your health insurance to treat your obstructive sleep apnea.
- You were unaware of the medical device’s potential health risks before the recall was issued.
- You developed cancer, a chronic illness, or other serious side effects due to using the medical device.
Our legal team can help you gather evidence to support these claims and take other legal steps to submit your case so that it can be heard in court.
Filing a class action lawsuit may help you recover damages you suffered
If you decide to pursue a civil action lawsuit against Philips, you may be able to recover several types of damages that you suffered after the long-term use of the company’s defective product(s).
The following are different types of damages you may qualify to claim in your case:Economic Damages (Financial Damages)
Economic damages are financial-related. These damages can exist as bills you paid, lost wages, and debts you now owe that all stem from the injuries that the Philips medical device caused. Some examples of economic damages include:
- Medical care costs, such as costs for your emergency room care, hospitalization, surgeries, chemotherapy, doctor’s appointments, and physical therapy
- Costs for your medical devices, such as for the recalled sleep apnea machine and additional devices you needed for your medical treatment
- Costs for prescription medication you need to treat your injuries
- Income you lost because of your injuries as well as the income you expect to lose while treating or living with your injuries
- Reduced earning potential
If you suffered other financial damages as a result of your injuries, our team will factor these damages into your compensation total.Non-Economic Damages (Physical and Emotional Damages)
Non-economic damages do not initially have a monetary value because they are emotionally and physically felt by the victim. However, when pursuing compensation for them, we must assign them a financial value that appropriately reflects their impact on your life.
Some examples of non-economic damages include:
- Pain and suffering
- Emotional distress, such as depression, anxiety, and insomnia
- Permanent disability, such as a chronic respiratory condition
- Diminished quality of life due to your injuries and limitations they caused
- Loss of enjoyment in life
Our team will discuss your experiences with you in a consultation to gauge the extent of your physical, emotional, and mental damages. We may suggest other damages not listed here.Wrongful Damages (Damages Filed by The Surviving Family)
Because the Philips CPAP machines are being recalled due to carcinogenic properties, we understand that certain victims may not be able to bring their case forward if their illness led to their death. We extend our deepest condolences to the surviving family and loved ones of these victims and hope our message to you gets heard.
You may be entitled to file a wrongful death action if you lost a loved one after they used one of Philips’ CPAP or BiPAP machines or another mechanical ventilator. Our legal team at Cook, Bradford & Levy, LLC, wants to help you fight for justice and pursue compensation on behalf of your loved one. As the surviving family, you may also be entitled to other damages, such as:
- Funeral and burial arrangement costs
- Loss of financial support from your loved one
- Loss of inheritance from your loved one
- Loss of parental guidance if you are the surviving child
- Loss of companionship or consortium if you are the surviving spouse
- Loss of society
We can also factor in the pain and suffering you felt as you witnessed your loved one’s health decline unexpectedly. A wrongful death lawyer from our team wants to help you hold Philips and any other liable party accountable for the major loss you suffered.
Our legal team can help you organize your personal injury case
When you work with our legal team at Cook, Bradford & Levy, LLC, we offer the following services:
- Investigating your case: The Philips recall was sent out in June 2021; however, the defective devices have been manufactured and sold since 2009. We can investigate your history with the defective medical device you use, then consult with medical experts to determine whether your health condition or injuries may be related to your sleep apnea machine.
- Gathering evidence: During our investigation, we will gather documents, videos, and other relevant information that can support key points of your case argument. We may request access to your medical records, interview expert witnesses, and build a profile that showcases how the defective product diminished your quality of life.
- Handling communications: The Philips recall is triggering mass tort actions, so several parties may reach out to you to try to settle your case outside of court. This can range from insurance adjusters to legal attorneys representing the manufacturer. We want to protect your case, so one of our lawyers can handle these communication attempts and relay the messages you receive.
- Filling out legal paperwork: You won’t have to be burdened with legal paperwork when you hire an attorney from our team. We understand which forms we must fill out and how we should prepare your product liability case for court.
- Representing you throughout your case: Depending on how your case develops, one of our personal injury attorneys may be able to negotiate an out-of-court settlement for your case, be it through the claims process or mediation. However, if Philips or another liable party’s legal team resists negotiation attempts from us, we are prepared to file your Philips CPAP machine lawsuit and represent you in court.
Our legal team will also be available to provide legal guidance should you ever have questions about your case.
Our legal team also works on a contingency fee basis, meaning we do not charge attorney’s fees unless we win compensation for you. You will not be obligated to pay any upfront fees, and if we win, we take our fees out of your compensation award. This means you will not pay us out of your pocket.
Your CPAP lawsuit against Philips has a deadline in ColoradoMissing Your Case’s Filing Deadline Could Lead to its Dismissal
We mention these legal deadlines because it’s crucial that you take action as soon as possible so that you don’t risk accidentally submitting your case late. Once the statutory deadline passes, your case will be barred from being heard in trial, which would jeopardize your ability to pursue compensation from Philips or another liable party.
Certain aspects of building your case may require extensive preparation or waiting times, such as:
- How long it will take to retrieve an analysis that ties your illness to the volatile organize compounds (VOCs) found in the CPAP machine
- Whether we can consult with expert witnesses who can testify on your behalf
- How long it will take to retrieve other evidence to support your case argument beyond the recall
Our legal team can do the investigative work to gather materials for your case, but we can’t start until you decide to work with us. Starting this process early is a good precaution to take, and our team will notify you as your case’s deadline approaches.
A lawyer from Cook, Bradford & Levy, LLC, can help you fight for compensation
If you developed cancer or another serious health condition as a result of using a Philips CPAP machine, you may be entitled to file a personal injury lawsuit against the manufacturer. An injury lawyer from Cook, Bradford & Levy, LLC, can help you build your case and fight for compensation for the damages you suffered.
Call (303) 543-1000 today to get a free case evaluation with one of our team representatives. Our attorneys work on a contingency fee basis.