Philips, a health technology company that sells sleep apnea machines, recalled several of their CPAP devices in June 2021. Many patients who trusted Philips’ CPAP devices with their life are now suffering from deadly conditions such as cancer and severe respiratory diseases. Let’s explore the reasons behind Philips’ CPAP recall and what the future holds for those who already used the devices.
If you or a loved one suffered harm after using a recalled Philips CPAP device, Chalik & Chalik Injury Lawyers wants to represent you. We can build your case and protect your rights. You deserve compensation for your preventable illness that Philips is responsible for.
Overview of CPAP Machines
Sleep apnea is a potentially serious disorder in which a patient’s breathing patterns are sporadic. As a corrective measure, a doctor might recommend using a Continuous Positive Airway Pressure (CPAP) device to help the patient breathe more consistently and easier.
For some time, many patients with sleep apnea or related conditions have been relying on CPAP devices from Philips Respironics. They are a subsidiary of the giant company Philips. The devices were recalled because of a defective feature and the potentially serious effects it may cause.
What Is the Philips CPAP Recall?
In June 2021, Philips recalled many of its CPAP and other sleep apnea devices. The reason is because users complained of breathing in toxic foam particles. The recalled CPAP devices had a polyester-based polyurethane (PE-PUR) sound and vibration abatement foam. Continuous device usage can cause the foam to degrade, and if it finds its way into the patient’s respiratory system, the results can be devastating.
According to Philips, the PE-PUR foam can release black particles and toxic gases, which can cause severe respiratory issues and some forms of cancer if inhaled. Even though Philips announced in September 2021 that it would repair or replace the defective devices, the whole process will likely take more than a year.
The recalled devices, according to the U.S. Food and Drug Administration (FDA), are:
- 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)
Lawsuits Against Philips Are Fooding in
Patients who used Philips CPAP devices for as little as two months have suffered from the defects. An attorney with Chalik & Chalik Injury Lawyers will work to prove that your lawsuit is viable based upon two possible violations.
Philips Knew Its Devices Were Defective
Philips became aware of their devices’ potential foam degradation well before June 2021. Despite their knowledge of the defects, Philips still chose to sell their machines, looking at the profit instead of the patient.
Since the company turned a blind eye to the issue, this is grounds for a lawsuit.
Failure to Warn
Many patients depended on Philips CPAP devices for survival; the least Philips could have done was warn of the possible danger associated with Philips CPAP Machines.
That way, patients who used the device would know in advance what might happen, and their doctor could help them weigh the pros and cons of using a Philips breathing machine.
Injuries Named in Philips CPAP Lawsuits
Patients who use defective Philips CPAP devices can suffer from various health problems. The milder ones include headaches, chest pressure, cough, sinus infection, and airway irritation. However, patients who use the devices for prolonged periods can suffer from the following medical conditions:
- Hematopoietic cancer
- Kidney cancer
- Brain cancer
- Bladder cancer
- Kidney disease
- Breast cancer
- Heart failure
- Chemical poisoning
- Lung damage
- Lymphatic cancer
- Nasal cancer
- Prostate cancer
- Papillary carcinoma
- Pleural effusion
- Multiple myeloma
- Thyroid cancer
What to Do If You’ve Used a Recalled Philips CPAP Machine
If you or your loved one used or is still using the recalled CPAP machines, you need to talk to your doctor as soon as possible. Your health care provider can determine the best options for continued treatment of your sleep apnea.
Register Your Device with Philips
Register your Philips CPAP machine with Philips if you have not done so. You will need your machine serial number on the bottom of your machine. Once your device is registered, Philips will update you with recall issues.
For Now, Add a Filter
Some individuals are choosing to continue using their recalled CPAP devices. If you are doing the same, you should speak with your doctor about whether this is more beneficial than harmful to you.
According to the FDA, if the Philips CPAP machine affects you negatively, a doctor might recommend using an inline bacteria filter, which may help filter out the PE-PUR foam particles. However, the inline bacteria filter also has its limitations. For instance, the filters may not filter out certain risky chemicals released when the CPAP’s foam degrades.
Additionally, using the inline bacteria filter causes more resistance, making it difficult for high-dependent patients to use. Speaking to your doctor allows for a proper assessment of the situation before deciding.
Can I File a Lawsuit Against Philips?
If you used a defective Philips CPAP device for more than two months, you might be eligible to file a lawsuit against the company. All you must do is have a record of how long you used the device, which device you used, and proof of a diagnosis of either cancer or any respiratory problem that the device possibly caused.
If you can gather all these, then yes, you can file a legitimate lawsuit against Philips.
However, if you reside in Florida, it’s a good idea to contact Chalik & Chalik Injury Lawyers. Our team can help determine if your case is viable or not before you file a lawsuit.
Am I Eligible for Philips CPAP Recall Compensation?
As long as you can prove a case against Philips, you are entitled to compensation. Some of the forms of compensation that you might benefit from include:
Medical Bills
Assuming you make your case, you could be entitled to reimbursement of the medical bills you’ve paid so far to treat your disease caused by the device. Moreover, you can receive monetary compensation for potential future medical treatment or procedures.
Pain and Suffering
In the current fast-paced technological world, we rely on different devices to facilitate our daily needs, including looking after our health. The patients negatively affected by Philips CPAP devices trusted the company to help them with their condition, not give them another one.
The company knew that the machines were defective but did not act or warn the users; the deceit can cause immense emotional pain and suffering. As a result, if you make your case, the court can award you monetary compensation for your emotional pain and suffering. Your physical pain and suffering from your new condition can be accounted for, too.
Lost Income
It is tough to work when sick, even if you want to. When you lie in a hospital bed treating a disease caused by a negligent party, you might lose your income, making it difficult to fend for yourself. To cushion you against this, the court might award you monetary compensation to help you cater to your current and future needs.
The attorneys at Chalik & Chalik Injury Lawyers can visit clients in the hospital to make their burden as light as possible; it is an added service provided at no additional cost. We want you to focus on your recovery.
Is there a Deadline for Fling a CPAP Lawsuit?
Yes, there is. According to Florida Statutes § 95.11, you generally have four years to file your Philips CPAP lawsuit. While this is a considerably long time, you need to have proper documentation and accurate information to file your CPAP lawsuit.
Taking a while before filing your CPAP lawsuit can decrease your chances of getting your full compensation, given that you might lose some essential information and evidence with time.
The Cost of Hiring a Philips CPAP Lawsuit Lawyer from Our Firm
You do not have to worry about the cost of hiring a legal professional from Chalik & Chalik Injury Lawyers. We do not ask for money up front; instead, we only get paid if we win your case. Known as a contingency-based fee, our payment depends on the total settlement you receive and the percentage we agree on taking out for our fees.
You pay us nothing unless we win. Again, we want you to recover and focus on your health, not pay a lawyer who may not win your case.
Allow Us to Be Your Philips CPAP Lawsuit Lawyers
Many patients, possibly including you or a loved one, are ill after using a recalled Philips CPAP device. The fact that the company knew about the faulty design but didn’t warn its users, at least, is traumatizing. We can help prove that it was also criminal.
If you reside in Florida, Chalik & Chalik Injury Lawyers is ready and willing to be a part of your team. We have dedicated lawyers and staff committed to advocating for our clients. Contact us today for a free consultation at (855) 529-0269.