PHILIPS CPAP LAWSUIT
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.
- Last Modified:
- October 12, 2023
Philips CPAP Lawsuits have risen over recalls including CPAP, APAP, and BPAP machines due to the risk of cancer and respiratory illnesses. People who have used certain Philips (Philips Respironics) CPAP, APAP, or BiPAP devices and developed medical complications may be entitled to compensation.
- What Caused The Philips CPAP Machine Recall?
- What Are The Health Risks From Exposure To A Recalled Philips Cpap Machine?
- What Can A Product Liability Attorney Do?
- Can Users Of Philips Cpap Devices Receive Compensation?
- When Should You Contact A Product Liability Lawyer?
- How Much Does A Product Liability Lawyer Cost?
- Brown & Crouppen Has Helped People Seek Justice For Over 40 Years
In June 2021, Philips Respironics, a large multinational corporation that manufactures medical devices, announced that it was recalling millions of CPAP machines and other breathing devices. The faulty devices have the potential to cause serious health issues for users.
A CPAP machine is a device that blows air through a mask to keep a person’s airway open at night. This is an effective treatment for sleep apnea, a common condition in which a person stops breathing multiple times every night. CPAP therapy is widely used, and millions of people depend on CPAP devices to maintain their quality of life and reduce their risk of serious health issues linked to sleep apnea, such as strokes and heart attacks.
If you feel you have suffered due to a faulty Philips CPAP device, contact our product liability attorneys at Brown & Crouppen Law Firm. You may be entitled to
WHAT CAUSED THE PHILIPS CPAP MACHINE RECALL?
The issue with the defective CPAP machines is related to the particular type of foam used to dampen noise and vibrations created by the devices. Philips chose to use a foam called polyester-based polyurethane, or PE-PUR.
PE-PUR foam is not particularly durable, and it tends to break down over time. Certain factors can accelerate the breakdown of the foam, including high heat and humidity as well as the use of cleaning devices that employ ultraviolet light or ozone.
Due to the device’s design, when the particles of PE-PUR foam break down, they can enter the air pathway of the CPAP machine. From there, they are then blown into the user’s face through the mask and can be inhaled or swallowed. In addition, as PE-PUR foam breaks down, it can release a variety of different chemicals. Both these chemicals and the foam particles themselves can have a variety of toxic effects.
The affected devices include the following, manufactured on or before April 26, 2021:
- A-Series BiPAP A30
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- C-Series ASV (ventilator)
- C-Series S/T and AVAPS
- DreamStation
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- E30
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
WHAT ARE THE HEALTH RISKS FROM EXPOSURE TO A RECALLED PHILIPS CPAP MACHINE?
In its most recent safety communication about this issue, the FDA indicated that exposure to particles of PE-PUR foam is associated with:
- Irritation of the airways
- Asthma
- Skin, eye, and nose irritation
- Headache
- Inflammatory response causomg damage to organ systems throughout the body
- Toxic and carcinogenic (cancer-causing) effects in organs, including kidneys and liver
In addition, when PE-PUR foam breaks down, exposure to the chemicals released may cause:
- Irritation of the airways
- Skin, eye, and nose irritation
- Nausea and vomiting
- Headache
- Dizziness
- Hypersensitivity reactions can cause serious health effects throughout the body
- Toxic and carcinogenic (cancer-causing) effects
The following types of cancer have been linked to exposure to PE-PUR foam particles, or to chemicals (Toluene-2,4-diamine and 2,4-Toluene diisocyanate) released when the foam breaks down:
- Liver cancer
- Kidney cancer
- Lung cancer
- Breast cancer
- Pancreatic cancer
- Brain cancer
- Lymphoma
- Leukemia
Other types of cancers could also be linked to the defective devices.
According to its most recent communications, the FDA has received over 21,000 reports of medical issues related to the use of the recalled devices, including reports of 124 deaths.
WHAT CAN A PRODUCT LIABILITY ATTORNEY DO?
Product manufacturers can be held liable for harm that is caused by their products, either because the product wasn’t reasonably safe due to its design or because the manufacturer failed to provide adequate instructions and warnings about the safe use of the device.
In the case of the Philips CPAP machines, the design of the device using the PE-PUR foam potentially exposed users to toxic foam particles and chemicals. There are also questions about the company’s communication with consumers regarding these products. For example, Philips did not provide warnings about the use of particular types of cleaning devices for the first generation of DreamStation CPAP devices. The company also began receiving medical device reports about the issue as early as 2011 but did not warn consumers about the potential risk until June 2021.
Philips CPAP machine recall lawsuits allege that Philips should be held liable for the harm related to the use of the defective CPAP devices. A product liability attorney can bring a suit against the company on behalf of a person who was injured by one of these devices.
CAN USERS OF PHILIPS CPAP DEVICES RECEIVE COMPENSATION?
When people have been harmed by the use of a defective product, the manufacturer may be required to give them financial compensation for related expenses, such as medical costs and lost wages. Victims may also receive additional compensation for pain and suffering. When someone dies as a result of the use of a defective product, their heirs may be entitled to damages. If a court holds Philips liable for harm to a user of their CPAP devices, then the company would be required to pay these damages.
WHEN SHOULD YOU CONTACT A PRODUCT LIABILITY LAWYER?
Each state has a law known as a statute of limitations, which governs the time you have to file a lawsuit after an injury. The specific time period varies in each state, but once it has passed, you can no longer file a claim. This is why it’s best to contact a lawyer as soon as possible after an injury or a medical diagnosis.
Get started with a free consultation with one of our skilled Personal Injury Lawyers today.
HOW MUCH DOES A PRODUCT LIABILITY LAWYER COST?
Many people are concerned that hiring product liability lawyers can be too expensive. Most large corporations have very deep pockets, and few people would be able to compete with them in terms of spending. We strongly believe that corporations should be held accountable for the harm they cause and that all people should be able to seek justice.
Here at Brown & Crouppen, we work on a contingency fee basis, meaning we get paid only if you win your case. That way, large corporations can’t take advantage of people simply by outspending them. If you’ve experienced harm, you don’t need to worry about the cost of hiring a lawyer.
BROWN & CROUPPEN HAS HELPED PEOPLE SEEK JUSTICE FOR OVER 40 YEARS
We have years of experience in the field of product liability, and we know what it takes to be successful in the fight for justice and accountability. We have helped our clients recover over $1 billion in damages.
If you believe you’ve been injured or if a loved one died from a condition potentially caused by the use of a Philips CPAP machine, please contact us as soon as possible. You have a limited time to file your case, so don’t delay or you could lose your opportunity to seek justice.
The first step is to tell us what happened, so we can determine whether you may have a case. You can chat with us using the button at the bottom right of this page, call us at 888-803-2581 or send this form to our team.
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- Last Modified:
- October 12, 2023
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