Continuous positive airway pressure (CPAP) machines commonly help those suffering from sleep apnea by delivering steady air pressure that helps you breathe while you sleep. However, the most notable manufacturer of CPAP machines, Philips, has had to recall millions of CPAP machines due to the disintegrating polyurethane foam used in the machines placing users at risk of developing asthma, liver cancer, pancreatic cancer, kidney cancer, and possibly other types of cancer.
Despite the recall, damage has already been done to many Americans struggling with severe medical conditions due to defective CPAP machines. If you suffer from a severe medical condition due to a defective CPAP machine, you should contact a product liability lawyer that can hold manufacturers responsible for CPAP machine manufacturing defects and put you in a position to recover compensation for damages. The product liability lawyers at Russo Law Firm can help with your CPAP recall lawsuit with personalized attention focusing on your specific damages.
Why Choose Russo Law Firm for Your CPAP Recall Lawsuit?
The product liability lawyers at Russo Law Firm have decades of experience holding manufacturers accountable for their mistakes that cause catastrophic damages to customers. The customer should not have the absorb the financial liability of damages caused by defective medical devices. Rather, the people that made a mistake should have to take their share of the liability, and victims should be able to pursue compensation for damages such as medical bills, lost work, and pain and suffering.
Russo Law Firm is committed to using our extensive experience in product liability law to help process your claim for damages caused by a detective CPAP machine. You will need a lawyer will the experience and resources necessary to handle such a major claim against a large company.
Turn to the product liability lawyers of Russo Law Firm for specialized attention focusing on getting you fair compensation, not just taking the first settlement offer that comes our way. Contact Russo Law Firm for a free consultation today.
Russo Law Firm Case Results
Russo Law Firm has committed to helping personal injury victims across the United States for decades. We pride ourselves on communicating well with our clients so that we can represent them properly in settlement negotiations.
Negotiating a settlement with the insurance company representing a powerful manufacturer like Philips can be a challenging task. They have the resources and determination to limit the settlement to keep their profits up. However, our product liability attorneys have a track record of netting fair compensation for our clients through determined negotiations, committed research, and specialized attention.
The following are some of the case results that Russo Law Firm has earned for clients:
- $2.4 Million for Medical Malpractice Misdiagnosis
- $2 Million for Wrongful Death Trucking Accident
- $1.75 Million Product Liability Jury Award for Crushed Hand
- $650 Thousand Automobile Accident Jury Award for Reconstructed Knee
What are CPAP and BIPAP Machines Used For?
A continuous positive airway pressure (CPAP) machine helps facilitate steady breathing for those with sleep apnea while they are sleeping. The machine steadily sends oxygen into the nose and mouth while they sleep to keep their airways open and help them breathe normally. A CPAP machine is a mask or nosepiece with hoses that facilitates breathing while sleeping.
A bilevel positive airway pressure (BIPAP) machine is another type of ventilator manufactured by Philips that supplies pressurized air into your airways. The difference between CPAP and BIPAP machines is that a CPAP machine will send the same amount of air pressure into your lungs as you breathe in and out. A BIPAP machine sends higher air pressure when you breathe in to help with more severe breathing issues while sleeping.
What is Sleep Apnea?
Sleep apnea is the most common reason for someone to need to use a CPAP machine while they sleep. This breathing disorder affects an estimated 18 million people in the United States, which accounts for one out of every 15 adults.
Sleep apnea causes the throat muscles to relax too much because your brain doesn’t send the proper signals to the muscles that control your breathing. This causes your breathing to start and stop, which is why those with sleep apnea need an air ventilator like a CPAP machine to regulate breathing.
The following are some of the symptoms that could indicate you have sleep apnea:
- Loud snoring
- Not breathing while you sleep
- Waking up gasping for air
- Dry mouth
- Morning headaches
- Daytime sleepiness
Defective CPAP Machines Cause Harm
The CPAP machines manufactured by Philips have had issues with toxic chemicals causing severe health conditions. Polyurethane, which is a polyester-based sound abatement foam used to reduce sound and vibration in CPAP machines, can break down and become toxic.
When the foam breaks down, it can release toxic chemicals that enter a person’s airways through the tube meant to ventilate air. This black debris from the foam can be inhaled or swallowed, possibly leading to catastrophic and life-threatening health conditions. It is believed that the foam breaks down due to the high heat and humidity of CPAP machines, as well as possibly happening while the machine is being cleaned.
What Injuries and Illnesses Can Result from a Defective CPAP Machine?
The dangers associated with toxic chemicals entering the airways cannot be understated. These chemicals are not meant to be inhaled, and the body cannot take the toxic elements of the sound abatement foam. Inhaling the broken has been noted to cause several severe illnesses and injuries that can affect the way a person lives daily and possibly threaten their life.
The following are some of the injuries and illnesses caused by defective CPAP machines:
- Bone marrow cancer
- Bladder cancer
- Brain cancer
- Esophageal cancer
- Breast cancer
- Multiple Myeloma
- Lung cancer
- Non-Hodgkin’s lymphoma
- Thyroid cancer
- Testicular cancer
- Tonsil cancer
- Nasal cancer
- Reactive airway disease (RAD)
- Lung or pulmonary disease
- Respiratory disease
Symptoms of Injuries Caused by Defective CPAP Machines
It’s vital for those that suffer a severe health condition from a defective CPAP machine to see a doctor immediately to discuss options for medical treatment. These injuries and illnesses can cause catastrophic damage, and the only path to medical recovery may be early detection and treatment.
The following are some of the symptoms that could indicate you suffered a severe health condition because of a defective CPAP machine:
- Irritation to your skin, eyes, or lungs
- Nausea and vomiting
- Chest pressure
These symptoms can be difficult to connect to severe health conditions caused by a defective CPAP machine. You may think if you have these, then you might just be suffering from a cold or allergies. If you use a CPAP machine and experience these symptoms, see a doctor immediately so they can check your medical condition.
Philips Recalled Their CPAP Machines
Philips Respironics is the main manufacturer providing CPAP, BIPAP, and other air ventilator devices to the market in the United States. In June of 2021, Philips recalled CPAP machines due to the health risks posed by the machines. They admitted to the health risks posed by the broken-down polyurethane sound abasement foam.
Philips recommended those using the recalled devices contact their healthcare provider about the best options moving forward, whether to continue with the device in a safe way or to change devices. They also suggested using an inline bacterial filter to reduce the effects of the broken-down foam and registering their device with the Philips’ recall website.
Philips Knew of the Dangers Posed by Their CPAP Machines Long Before the Recall
After the recall of over 15 million CPAP machines in June of 2021 by Philips, the Federal Drug Administration (FDA) conducted an investigation of Philips to determine what happened to lead to the foam degradation issue and the recall. The investigation revealed the executive managers knew of the foam degradation issues leading to health complications at least a year prior to the CPAP recall.
Upon looking at the company’s digital records, they found an internal email from 2015 sent to a foam supplier discussing the degradation issue. There were at least 14 tests or assessments in early 2016 that indicated a problem with potential foam degradation. Philips went as long as six years without issuing a recall or changing production methods to address this life-threatening issue with their CPAP machines.
The Connection Between Philips’ CPAP Machines and Cancer
The broken-down sound abatement foam can be inhaled through CPAP machines and cause significant harm, including causing cancer. Some of the types of cancer that have been caused by defective CPAP machines include leukemia, lung cancer, and bladder cancer.
Cancer is a life-threatening disease in which cancerous cells spread across the body and cause widespread damage. It can reduce the quality of life, as it can weaken the body, make someone feel perpetually groggy, and cause issues with vital organ functioning. If you have contracted cancer due to a defective CPAP machine, you should contact a product liability lawyer today to learn how to pursue compensation for medical bills, mental anguish, lost earning potential, and more.
Which Models of CPAP Machines Have Been Recalled?
Over the years, Philips has manufactured numerous types of CPAP and BIPAP machines that can be used to facilitate breathing. The issue with the sound abatement foam breaking down has affected tons of models, which has led to the recall of a significant portion of their CPAP inventory.
The following are the CPAP models that have been recalled by Philips:
- All Philips CPAP devices (manufactured before April 26th, 2021)
- All Philips BiLevel PAP devices (manufactured before April 26th, 2021)
- E30 model continuous ventilator
- DreamStation non-life supporting continuous ventilator (Models ASV, ST, and AVAPS)
- SystemOne ASV4 model continuous ventilators, non-life supporting
- C Series continuous ventilator, non-life supporting (Models ASV, S/T, and AVAPS)
- OmniLab Advanced Plus in-lab titration device
- SystemOne Q series (Models of non-continuous ventilators)
- DreamStation CPAP, Auto CPAP, and BiPAP ventilators
- DreamStation Go CPAP and APAP (Models of non-continuous ventilators)
- Dorma 400 and 500 CPAP (Models of non-continuous ventilators)
- REMStar SE Auto CPAP (Models of non-continuous ventilators)
- The Trilogy 100, Trilogy 200, Garbin Plus, Aeris, and LifeVent continuous ventilators
- The A-Series BiPAP V30 Auto and Hybrid A30 continuous ventilators
- A-Series BiPAP A30 and A40 non-life supporting continuous ventilators (Not sold in the U.S.)
Filing a Product Liability Lawsuit for Damages Caused by a Defective CPAP Machine
Philips’ CPAP machines have a manufacturing defect that has led to severe medical conditions, which means any personal injury claim falls under product liability law. It involves consumers pursuing compensation from the insurance companies of sellers, manufacturers, designers, and distributors of products for mistakes in the design, manufacturing, and marketing of a product that caused harm.
The following are the three types of product liability claims:
- The product has a design defect
- The product has a manufacturing defect
- There was a failure to warn of the dangers inherent in a product
Philips Respironics had a product with a manufacturing flaw that could lead to catastrophic harm and did nothing about it for years. They also failed to warn consumers of the dangers that were posed by the CPAP machines. You can file a product liability lawsuit with Philips’ insurance company to work toward receiving compensation for damages caused by their defective product.
The Philips CPAP Recall Lawsuit
Following the FDA report that revealed Philips’ failure to act after learning of the dangers involved in the CPAP machines, many product liability lawsuits were filed by victims across the United States looking for compensation for damages. All of these product liability lawsuits were consolidated as multi-district litigation (MDL) before Judge Joy Flowers Conti in the Western District of Pennsylvania.
The purpose of an MDL is to promote consistency in discovery, streamline the litigation process, and increase the chances of a global settlement. On July 1st, 2022, Judge Conti issued a case management order and initial discovery plan, which instituted rules for how discovery would be conducted. Following a science day on September 1st, meant to educate the Court about scientific issues in dispute in the litigation, Philips was forced to issue another massive recall of CPAP machines due to a plastic component responsible for releasing carcinogenic chemicals.
More information about Philips has continued to come out, with the belief that the replacement for polyurethane is possibly causing harm. The manufacturer also had to pay the U.S. Government 24 million dollars to resolve claims of an illegal kickback scheme. Currently, the Philips CPAP class action lawsuit has 340 pending cases waiting for a resolution.
What Damages Can You Pursue in a CPAP Recall Lawsuit?
As with all other personal injury claims, victims of defective CPAP machines can pursue damages that compensate them for losses associated with the defective product. Damages break down into two general categories: economic and non-economic damages.
Economic damages are those with a monetary value attached to them, such as medical bills, lost wages, and hospital costs. Non-economic damages are intangible costs that reflect how your life has changed as a result of the defective product, such as pain and suffering, mental anguish, and loss of consortium.
The following are some of the damages you can pursue because of harm caused by a CPAP machine:
- Medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Mental anguish
- Ambulatory costs
- Funeral and burial costs
How Can a Product Liability Lawyer Help You With a CPAP Recall Lawsuit?
Product liability cases can be too complicated for those without experience in law to handle, not to mention how challenging it can be to negotiate a settlement with an insurance company whose goal is to keep its profits up. A product liability lawyer can help relieve this burden by applying their experience and resources to your case.
With the help of a product liability lawyer, you can file a claim with Philips’ insurance company and become involved in the CPAP recall MDL so you can reap the benefits of any global settlement. Your product liability lawyer can help you file the claim, keep you updated on how the MDL progresses and put you in the best position to receive compensation for defective CPAP damages.
Contact Russo Law Firm for Help With Your CPAP Recall Lawsuit
The personal injury attorneys at Russo Law Firm have assisted victims across the United States who suffered from various incidents. We have lawyers specializing in different types of personal injury law, including product liability.
Russo Law Firm’s product liability lawyers have decades of experience providing support to victims. We know how daunting it can be to face a powerful manufacturer and their insurance company alone, and we wish to help. Our product liability lawyers can conduct extensive research, collect tangible evidence, and negotiate with your thoughts and concerns in mind to help you secure fair compensation for damages caused by a defective CPAP machine.
At Russo Law Firm, we offer free consultations to personal injury victims to learn how we can help with your case. If you suffered damages from a defective Philips CPAP machine, contact us at 844-847-8300 or leave a message on our online contact page.