Philips CPAP Lawsuit

Philips Respironics has recalled certain ventilators, BiPAP, and CPAP machines because the sound-reducing foam in those products can potentially expose users to cancer-causing chemicals. People who have used a Philips sleep apnea machine and developed cancer or lung, liver, or kidney damage may be entitled to compensation through a Philips CPAP lawsuit.

Get a Free Case Review

LF ICON

Philips CPAP Machine Recall

In June 2021, Philips Respironics voluntarily recalled different models of its mechanical ventilators and CPAP and BiPAP machines.

The company recalled the devices because of 2 problems with the polyester-based polyurethane (PE-PUR) foam it used to make the machines quieter:

  1. The foam can break down into small pieces that a user can inhale or swallow.
  2. The foam can off-gas, which means it can emit dangerous chemicals in the form of a gas.

In its recall notice, Philips said these problems “can result in serious injury which can be life-threatening” and “cause permanent impairment.”

The company also said cleaning methods like ozone and ultraviolet (UV) light could worsen the foam’s breakdown.

The foam particles may look like black debris or particles inside the machine’s airpath.

The U.S. Food and Drug Administration (FDA) considers the recall a Class I recall, which is the most serious.

The agency says the recall impacted more than 15 million devices and that it has received nearly 70,000 reports about the machines, including 168 reports of death linked to the toxic foam.

Which Philips CPAP Machines Were Recalled?

Philips Respironics has recalled different models of its sleep devices because of possible health risks.

The company recalled 3 types of machines that help people breathe:

  1. Bi-level Positive Airway Pressure (BiPAP or BPAP) machines
  2. Continuous Positive Airway Pressure (CPAP) machines
  3. Mechanical ventilators

CPAP devices deliver a stream of pressurized air to a CPAP mask to keep patients’ airways open during sleep. They often have different pressure settings and a heated humidifier. There are various types of CPAP masks and headgear, including full face masks and nasal pillow masks with prongs that fit in each nostril.

People who use CPAP devices often experience dry mouth, nosebleeds, and nasal congestion.

Health care providers specializing in sleep medicine prescribe BiPAP, auto-CPAP (APAP), and CPAP therapy to people with sleep disorders like obstructive sleep apnea (OSA). Sleep specialists often prescribe CPAP treatment after a patient completes a sleep study. Those who do not receive sleep apnea treatment are more likely to have poor sleep quality, daytime sleepiness, and high blood pressure.

The recalled medical devices include:

  • 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®, AVAPS®
  • Dorma 400®
  • Dorma 500®
  • DreamStation®
  • DreamStation ASV®
  • DreamStation Go®
  • DreamStation ST®, AVAPS®
  • E30®
  • Garbin Plus®, Aeris®, LifeVent® (ventilator)
  • OmniLab Advanced+®
  • REMstar SE Auto®
  • SystemOne ASV4®
  • SystemOne 50 Series®
  • SystemOne 60 Series®
  • SystemOne (Q-Series)®
  • Trilogy 100® (ventilator)
  • Trilogy 200® (ventilator)

Philips also recalled specific Trilogy Evo® ventilators distributed for about a month in the spring of 2021.

If you used one of these recalled machines and later developed cancer or other health issues, you may be able to pursue compensation through a medical device lawsuit.

Call (888) 726-9160 to learn about your legal options and get a free review of your case.

CPAP Machine Lawsuit Injuries

The sound-reducing foam in Philips’ recalled medical equipment can break down. As a result, users can swallow or inhale the toxic foam particles or breathe in dangerous cancer-causing chemicals.

The recalled airflow devices have been associated with severe health problems, including:

  • Cancer (particularly in the liver, kidney, and lungs)
  • Damage to or failure of the liver, kidney, or lungs
  • Chest pressure
  • Cough
  • Headaches
  • Sinus infections
  • Upper airway infections
  • Wrongful death

Symptoms Linked to Philips CPAP Machines

Indeed, it can take years for cancer and other serious health conditions to develop. However, consumers who used Philips’ recalled CPAP machines have reported these side effects:

  • Asthma
  • Headaches
  • Inflammation
  • Irritation to the skin, eyes, and respiratory tract

The FDA says people who breathe in chemicals from the devices may also experience:

  • Allergic reactions
  • Dizziness
  • Nausea

If you used a Philips Respironics breathing device to get better sleep and have experienced any of the above symptoms, you may want to err on the side of caution and see your doctor.

Do I Qualify for a Philips CPAP Machine Lawsuit?

You may be eligible to file a CPAP machine lawsuit against Philips Respironics if you or a loved one used a Philips CPAP or BiPAP machine and:

  • Developed cancer
  • Experienced organ damage
  • Suffered headaches, sinus infections, or other health problems

Consumers are often unsure about whether they qualify for product liability lawsuits.

Wondering whether you have a case? Let LawFirm.com help. Contact us today so one of our team members can provide you with a free, no-obligation case review. We can connect you with a top Philips CPAP lawsuit attorney if you qualify.

It would be helpful to have your device’s name and model number available.

Why Should I File a CPAP Machine Lawsuit?

A Philips CPAP lawsuit is a way for injured sleep apnea patients to obtain the money they need to get quality medical treatment and care for their families when they cannot work.

A CPAP machine lawsuit can recover money to help pay for:

  • Medical bills
  • Lost wages
  • Wrongful death damages

No amount of money can compensate someone for the devastation that comes with developing cancer or another life-altering condition. However, a Philips CPAP lawsuit settlement may ease your financial burden. It can also hold negligent companies accountable for hurting innocent people.

If you qualify for a CPAP machine lawsuit, it is best to team up with a law firm specializing in product liability lawsuits. These firms have the resources needed to recover maximum compensation for families.

Speak to a Product Liability Lawyer

If you were injured by a defective product, we may be able to help.

Get a Free Case Review

How Long Do I Have to File a Philips CPAP Lawsuit?

Philips CPAP machine lawsuits must be filed before a law known as the statute of limitations expires. Each state has its own statute of limitations. The deadline can be as short as one year.

The statute of limitations for BiPAP or CPAP machine recall lawsuits may start on June 14, 2021. That is the date on which Philips Respironics announced the recall.

Many states have a 2-year statute of limitations for product liability claims. That means people in those states would only have until June 14, 2023, to file a Philips CPAP lawsuit.

Of course, certain exceptions can give you more time to file a Philips CPAP lawsuit.

Your best course of action is to talk to a product liability attorney. You do not want to miss your window of opportunity to file a lawsuit that could provide you with much-needed compensation.

When you are ready to take the next step, our team at LawFirm.com can help. Call today for a free, no-obligation case evaluation. We can connect you with a top product liability law firm if you qualify for a CPAP machine lawsuit.

Philips CPAP Lawsuit Settlements

If you are eligible to move forward with a CPAP machine lawsuit against Philips Respironics, a product liability lawyer can work to recover the largest amount of money for you and your family.

After evaluating your case, your lawyer can:

  • File a Philips CPAP lawsuit on your behalf
  • Collect evidence to support your claims
  • Pursue compensation through a settlement or trial verdict

Most times, lawyers in these cases favor settlements over taking a case to trial. With a Philips CPAP lawsuit settlement, you will have quicker access to money for your medical bills.

Trials can be risky. There is no guarantee that you will win, even if you have a solid case.

However, your case will move to a courtroom if you cannot reach a settlement. Then, a judge or jury will hear your case and decide on the outcome.

Finding a CPAP Machine Lawsuit Attorney

You may feel overwhelmed when looking for a lawyer to help with your Philips CPAP lawsuit. Here are some tips to make the process easier:

When interviewing law firms to handle your CPAP machine lawsuit, look for a firm that offers:

  • Experience: A law firm with experience handling cases like yours is more likely to get a favorable result. Experienced product liability law firms are up to date on the latest developments in Philips CPAP litigation. They also work with experts who can help prove your case.
  • Free legal case evaluations: Many attorneys charge a fee to listen to the facts of a case. However, most top Philips CPAP lawyers can provide you with a free case review.
  • Nationwide representation: National law firms have the resources to handle cases in all 50 states. They can file your lawsuit in the state that gives you the best chance of collecting maximum compensation.
  • No upfront fees: Firms that work on a contingency basis do not charge clients any upfront fees. Instead, they only get paid if they obtain compensation for you through a settlement or a verdict. This arrangement places the risk of a lawsuit on the law firm.

All product liability law firms in the LawFirm.com network have these critical qualities. So if you believe a Philips device caused your cancer or other health problem, reach out for a free case evaluation. We can put you in touch with a Philips CPAP attorney if you qualify.

FAQs About Philips CPAP Machine Lawsuits

Is there a class-action lawsuit against Philips CPAP machines?

Since Philips Respironics announced the recall of its breathing devices, there has been a burst of legal activity.

A CPAP machine class-action lawsuit was filed in Massachusetts. It was later consolidated as multidistrict litigation (MDL) in Pennsylvania, where Philips manufactured the faulty machines.

MDLs are commonly used in complicated product liability cases. They save judicial resources and prevent conflicting rulings in a group of lawsuits that deal with similar legal issues.

What CPAP machines are in the lawsuit?

Philips Respironics says most of the devices impacted by the recall are first-generation DreamStation® CPAP and BiPAP machines.

The company’s website lists over a dozen machines as part of the recall.

If you are unsure whether your Philips respiratory device is part of the recall, a LawFirm.com team member can help. Call today for a free case evaluation. Make sure to have the make and model of your device handy.

How much is a CPAP lawsuit worth?

Keep in mind that these CPAP machine lawsuits are just beginning. As a result, it may be too early to determine the amount of a Philips CPAP lawsuit settlement.

Settlement amounts will likely depend on the severity of injury. Legal experts have predicted that settlements in some cases could be as high as $500,000.

Jury verdicts in test cases known as bellwether trials will provide more information and shed some light on case values.

 

LF ICONWritten by:

LawFirm.com makes it easier to take legal action. We have information, lawsuit guides, and breaking news about drugs, products, and other issues that could affect you.

3 ReferencesView Sources
  1. Philips. "URGENT: Medical Device Recall." Retrieved from: https://www.philips.com/c-dam/b2bhc/master/landing-pages/src/update/documents/philips-recall-letter-2021-05-a-2021-06-a.pdf. Accessed on September 12, 2022.
  2. Philips. “Voluntary Recall Information.” Retrieved from: https://www.usa.philips.com/healthcare/e/sleep/communications/src-update. Accessed on September 23, 2022.
  3. U.S. Food and Drug Administration. “Update: Certain Philips Respironics Ventilators, BiPAP Machines, and CPAP Machines Recalled Due to Potential Health Risks: FDA Safety Communication.” Retrieved from: https://www.fda.gov/medical-devices/safety-communications/update-certain-philips-respironics-ventilators-bipap-machines-and-cpap-machines-recalled-due#devices. Accessed on September 23, 2022.

Get in Touch

If you want to speak with a law firm about a potential case – or if you have a question or comment about LawFirm.com – you can call (888) 726-9160 or fill out the case review form on this page for a free consultation. You should hear back within 24 hours.

Have questions or comments?

(888) 726-9160

Get a Free Case Review

Have you or your loved one suffered an injury? *
Did the injury require medical treatment? *

Our team is always ready to help.

Questions?

(888) 726-9160