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Philips CPAP Recall Lawsuit

If you're looking for a way to breathe better at night, CPAP machines can help. But Philips Respironics has recalled specific models of its device after receiving medical device reports that they failed to adequately filter air particles and emitted carcinogens like formaldehyde.

The FDA found that the DreamStation 1 emitted intolerable levels of the carcinogen formaldehyde. Prolonged use of these defective sleep apnea devices can lead to serious side effects, including respiratory problems and cancer.

At Rosenfeld Injury Lawyers, LLC, our law firm's defective medical device attorneys represent individuals harmed by a Philips Respironics CPAP machine involved in this medical, mechanical device voluntary recall and who have received medical treatment for severe injuries.

Call our defective medical device lawyers today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free CPAP lawsuit review. Our Philips CPAP lawyers and law team is listed among the National Trial Lawyers Top 100, Super Lawyers, Million Dollar Advocates, Lawyers of Distinction, Best Lawyers in America, etc.

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The FDA's recent announcement of a voluntary recall of specific Philips sleep and respiratory care devices has led to many Philips CPAP machine recall lawsuit claims by injured victims. Most victims alleged that they developed respiratory difficulties and lung cancer after using specific Philips sleep apnea devices.

On June 30, 2021, in a US Food and Drug Administration (FDA) safety communication, health care providers and individuals using Philips Respironics ventilator, Philips Bilevel PAP, and CPAP breathing machines were alerted of a recall.

In addition, the FDA safety communication announced that using Philips CPAP or bilevel positive airway pressure (PAP) mechanical ventilators that have been recalled could lead to lung cancer.

Philips Announces Recall Of CPAP And BiPAP Devices

That same month, Philips announced its voluntary recall of 3.5 million CPAP and BiPAP ventilator machines due to toxic sound abatement polyurethane foam used in the breathing devices.

In the CPAP machine recall, Philips explained that the PE-PUR foam material used in recalled devices could cause lung problems or cancers over time for long-term users of CPAP devices who use central sleep apnea mechanical devices.

The defendants (Koninklijke Philips N.V.) face a CPAP class-action recall lawsuit filed by plaintiffs alleging they experienced health issues like asthma caused by exposure to degraded foam particles emitted into the air during exhalation.

PE-PUR Foam

Harm could arise while using these allegedly defective Philips Respironics ventilators, BIPAP, and CPAP machines made of materials containing polyester-based polyurethane PE PUR sound abatement foam particles.

The polyurethane PE PUR foam degradation could release off-gas toxic chemicals and particles that enter the machines' air pathways. In recent weeks, Philips has warned users not to discontinue or alter their prescribed CPAP therapy, even though foam degradation is hazardous, without first consulting their health care provider to determine the necessary steps to minimize patient impact.

In addition, the company is deploying 'permanent corrective action' on certain models that will address specific issues with their CPAP recall products.

Harmful Contaminants In Sleep Apnea CPAP Machines

The Philips BiPAP and CPAP machines to treat sleep apnea have polyurethane foam that could emit volatile organic compounds (VOCs), resulting in adverse effects on organs or cancer if inhaled or ingested.

According to regulatory agencies, Philips offers rebates for anyone who purchases the product within a specific period to use upgraded equipment with safer materials. The Philips company warned doctors that using their equipment could result in severe injuries and life-threatening or permanent impairment.

In addition, Philips warned about potential health risks from particulate exposure, including headaches and respiratory issues, chemical exposure caused by off-gassing and irritation, hypersensitivity, nausea/vomiting, and possible toxic effects.

The degradation and out-gassing of the polyurethane PE PUR foam material (emitting volatile organic compounds) could worsen when using unapproved cleaning methods involving high humidity, high heat, and ozone cleaning environments.

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Why Do People Use Continuous Positive Airway Pressure Home Ventilators To Relieve Obstructive Sleep Apnea?

Philips Bi-level PAP and CPAP machines are medical devices that help mitigate the symptoms of specific diseases like sleep apnea through breathing tubes by delivering increased air pressure into the throat to prevent an airway collapse during inhalation.

These Philips Respironics devices treat respiratory failure but do not involve intubation and can be used at home by patients suffering from sleep disorders. The user places a mask over their nose or mouth to seal off any other air sources, preventing them from inhaling oxygen unless they take minimum ventilatory support with each breath.

Bi-level PAP and CPAP devices effectively manage two primary chronic diseases: Obstructive Sleep Apnea (OSA) and Chronic Obstructive Pulmonary Disease (COPD). Long-term users may suffer from either condition, but most have OSA called CPAP sleep apnea.

These machines can also be helpful for acute conditions such as asthma, pneumonia, pulmonary edema due to congestive heart failure, and other problems that cause shortness of breath.

The Bi-level PAP and CPAP mechanical ventilator devices may also be used for short periods by individuals suffering from various acute diseases. However, long-term (chronic) users typically suffer from OSA or Chronic obstructive pulmonary disease (Emphysema).

The Philips CPAP Machine: A Widely Used Device

Statistical estimates indicate 8-10 million long-term CPAP or Bi-level PAP users in the United States. Philips currently controls 62.8% of this market share, while their competitor ResMed holds 32.2%.

With over 50 years of combined experience designing and manufacturing CPAP breathing machines for altitude sickness and sleep disorder relief, these two companies have a firm footing on their competitors with 92% customer service satisfaction ratings.

The manufactured line of Philips Respironics devices includes a wide range of apnea devices, CPAP, Bi-level mechanical ventilator machines, and other breathing machines, including:

  • Philips Dream Station CPAP
  • BiPAP Philips DreamStation GO CPAP APAP
  • Auto CPAP BIPAP
  • Philips Respironics
  • Dreamstation CPAP Machines
  • APAP Philips Dorma 400 500 CPAP
  • Philips C-Series ASV
  • Facility Use A-Series BiPAP V30 AutoVentilator
  • REM Star SE Auto CPAP
  • DreamStation CPAP APAP
  • AVAPS Philips OmniLab Advanced Plus
  • Hybrid A30 Philips A-Series BiPAP V30
  • DreamStation CPAP ST
  • Minimum Ventilatory Support
  • BiPAP DreamStation Auto CPAP
  • DreamStation CPAP device
  • DreamStation ST Avaps
  • OmniLab Advanced Plus, In-Lab Titration Device
  • Philips E30 (Emergency Use Authorization)
  • Non-life Supporting DreamStation ASV
  • Non-continuous Ventilator SystemOne Q series
  • Philips Garbin Plus Aeris Lifevent Ventilator
  • A-Series BiPAP Hybrid A30
  • Trilogy 100 Ventilator
  • Trilogy 200 Ventilator
  • LifeVent Ventilator
  • Other recalled Philips devices

Only certain Philips Respironics ventilators mentioned above are part of the Philips CPAP machine recalled devices. Philips recalled two defective products in their CPAP recall - the HAPPI Premium Nasal Pillow Mask and DreamWear nasal mask - due to potential health risks and harmful effects caused by the degraded polyurethane foam.

The polyester-based polyurethane PE PUR foam degradation allows particles to enter the lungs through inhalation. Additionally, out-gassing toxic gases have been reported, a cause for concern. These medical, mechanical device users are inhaling directly from their recalled CPAP machines instead of just breathing air in the surrounding area.

How Human Lungs React To Polyester-based Polyurethane Particles

Polyester-based PE PUR sound abatement foam fragments and particles can easily lodge in human lungs, leading to long-term respiratory problems, much like the toxic and carcinogenic effects of inhaling asbestos, leading to asbestosis and mesothelioma.

The body encapsulates the sound abatement foam particles before eventually spreading to all other organs and body parts once they are absorbed into the bloodstream. The long-term effects of inhaling asbestos are severe and cause mesothelioma, asbestosis, and lung cancer.

Asbestos particles can cause the body to encapsulate them before spreading to other organs, leading to long-term respiratory problems. When a person is diagnosed with mesothelioma, they typically have between three and twelve months to live.

Unfortunately, there is no cure for the disease, and the only treatments available are palliative, meaning they focus on relieving symptoms rather than curing the disease. Treatment options include surgery, chemotherapy, and radiation therapy.

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Class Action Litigation Involving Phillips CPAP Lawsuit

On June 29, 2021, plaintiffs filed a crucial class-action CPAP recall lawsuit in federal court after suffering serious injuries from the now recalled CPAP and BiPAP devices and ventilators. Many victims have received medical care paid for through their insurance policies.

As a result, insurance companies seek reimbursement through the Philips CPAP suits on certain Philips Respironics ventilators. The funds will be used to pay their policyholder's medical expenses from the severe injury they received from using their recalled mechanical ventilator devices.

Court documents allege that Philips knew of the substantial and material risks in using its CPAP machines long before they voluntarily recalled the breathing machines. The document also claims that patients using the affected devices complained to Philips about the black particles and debris they saw on their recalled CPAP devices for years.

Philips Failed To Warn

The complaint alleges that Philips failed to warn the public about the known hazards and health risks of their defective medical and mechanical device and the problems with the sound abatement foam component until late April 2021.

The company still waited to recall specific Philips Respironics ventilators until June 14, 2021, knowing about the foam degradation and the carcinogenic effects that could lead to lung cancer or other health risks.

The class-action CPAP lawsuit seeks financial recovery for anyone who bought the recalled Philips Respironics devices and had Philips replace their affected units with safe and effective devices with no potential health hazards or cancer risks.

In addition, attorneys will file Philips CPAP class-action lawsuits on behalf of their clients involved in severe cases to ensure they receive compensation and that all victims receive a similar outcome when resolving their CPAP lawsuit.

Status Of Philips CPAP Litigation

As the number of Philips CPAP lawsuits continues to grow, our recalled Philips device lawyers will continue to monitor the progress of the litigation and update this web page accordingly.

Currently, the Philips CPAP lawsuits (CPAP recall MDL) have been centralized in the Western District of Pennsylvania by the United States Multi-District Litigation Panel as the location for current and future lawsuits. This venue was determined to be appropriate as this is the geographic area where many of the Philips CPAP machines recalled are manufactured.

Senior US District Judge Joy Flowers Conti in Pittsburgh has been assigned to oversee this complex Philips CPAP MDL (MDL-3014). Judge Conti is an experienced jurist with nearly twenty years of experience handling litigation in the Federal Courts.

The federal judge is expected to oversee the complex Philips CPAP MDL and manage all future lawsuits that are filed. Currently, the number of lawsuits filed in the federal court system is expected to grow as more people learn about the Philips CPAP recall.

Transferring Class-Action Cases To MDL

In 2021, the United States Judicial Panel on Multidistrict Litigation (JPML) transferred all class action suits concerning CPAP, BiPAP, and ventilating devices to the federal multidistrict court.

The transfer of thousands of recalled CPAP cases to the MDL court means that all the individual CPAP lawsuits filed by consumers who purchased the defective devices will be consolidated into one court. This change will allow all plaintiffs to have their cases heard together, making the litigation process more efficient.

Our CPAP lawyers anticipate that the number of plaintiffs involved in Philips Respironics lawsuits will proliferate as news of the recall and litigation spreads. Our lawyers will update this webpage accordingly as the litigation involving Philips CPAP recall MDL progresses.

Philips CPAP Machines Lawsuit Latest Updates

  • September 26, 2022 Update:
    A new claim registry has been created in the Philips CPAP class action lawsuit as a replacement for the current system of tolling agreements. The claim registry will allow prospective CPAP plaintiffs to register their product liability claim against Philips without the need to file a lawsuit.

Claim registry systems are standard in mass tort MDLs and used in the Zantac cancer lawsuit. The claim registry allows plaintiffs to toll the statute of limitations on their claim without filing a formal suit. It also gives the MDL Court, and the parties involved more information about the details and the size of the potential plaintiff field.

  • September 18, 2022 Update:
    The Department of Justice announced in a recent press release that Phillips recently agreed to pay a $24 million settlement to the US Government to resolve claims that it was engaged in an illegal kickback scheme.

According to allegations in a whistleblower complaint against Philips, the company paid illegal kickbacks as incentives to the medical equipment suppliers to submit insurance claims for Philips CPAP and other breathing devices. These kickback schemes are unlawful as they defraud federal Medicare and Medicaid programs.

  • September 1, 2022 Update:
    Just more than a year after issuing a massive recall covering millions of CPAP and BiPAP machines, Philips was forced to issue yet another major recall of other CPAP devices this week. The latest recall could add to the growing CPAP recall litigation against Philips.

Philips recalled an additional 1,660 BiPAP ventilator machines for reasons unrelated to the PE-PUR foam. Philips recalled the BiPAP machines because of contaminated plastic parts in the motor that could release toxic chemicals or cause the device to suddenly stop working. Recalled devices include:

  • A-Series BiPAP A30 (Ventilator)
  • A-Series BiPAP A40 (Ventilator)
  • A-Series BiPAP V30 (Auto Ventilator)
  • OmniLab Advanced+

On September 6, 2022, Philips issued a warning about magnetic CPAP and BiPAP masks but did not recall them. According to the notification, people with certain metallic implants shouldn’t use magnetized masks because the magnets could interfere with these implants and cause serious injuries.

  • August 21, 2022 Update:
    The FDA's public update notice on the Philips CPAP recall disclosed that between May 1, 2022, and July 31, 2022, the FDA received over 48,000 adverse event reports, including 44 reported deaths, associated with the breakdown of the PE-PUR foam in the recalled Philips CPAP devices.

Since April 2021, 168 Philips CPAP-related deaths have been reported to the FDA (Food and Drug Administration). The FDA has withdrawn its approval of the silicone replacement foam in Philips CPAP devices, requiring the silicone foam to be re-tested by an independent laboratory.

As of August 15, 2022, there were 323 pending CPAP lawsuits in the Philips MDL. The figure, however, does not include the thousands of additional CPAP claimants who have entered into tolling agreements and registered claims instead of filing cases.

  • August 4, 2022 Update:
    Judge Conti has scheduled a "science day" for September 1. In the MDL process, a "science day" allows lawyers for both sides to make presentations to educate the Court about complicated scientific issues in dispute in litigation.

The parties will submit proposals to Court on August 18 for managing the "science day". "Science days" are a regular part of the process with MDLs involving product liability claims.

A CPAP Recall Sleep Apnea Lawsuit

Injured victims and surviving family members who lost a loved one fatally harmed by affected devices could file a Philips CPAP recall lawsuit seeking compensation. Certain Philips Respironics CPAP/BiPAP and ventilator machines were recalled beginning in January 2018. Consumers were encouraged to immediately stop using the apnea devices and return them for a full refund.

To find out if you or a loved one qualifies as part of the Philips sleep apnea machine recall lawsuit class and to receive updates on how our lawyers protect the rights of innocent victims, we encourage you to fill out our online form.

Our law firm's Philips CPAP lawsuit attorneys accept all personal injury cases and class action lawsuits through contingency fee agreements. This arrangement ensures you pay for our services only after successfully resolving your case through a negotiated CPAP settlement or jury trial verdict.

When Sleep Apnea Kills

In some cases, complex sleep apnea syndrome (CSAS) has led to wrongful death through sudden, unexpected nocturnal death syndrome, including conditions such as sleep apnea, multiple system atrophy of the autonomic nervous system, Lewy body disease, Parkinson's disease, or other related syndromes.

Sudden, unexpected nocturnal death syndrome can lead to death through various causes, such as respiratory arrest, heart attack, or stroke. In addition to the risk of sudden death, people with these conditions often experience fatigue, difficulty concentrating, and mood changes.

Diagnosis Is Challenging

Some patients also develop complications related to their treatment or condition. In time, diagnosing and treating CSAS can be challenging, and many patients do not receive the care they need. As a result, some patients may suffer serious health complications or even death.

Did your loved one suffer wrongful death due to a defective device or an adverse event involving one of these CPAP machines recalled by the manufacturer? If so, contact a medical device attorney today to discuss whether you may qualify as a survivor of a potential class-action lawsuit through Philips CPAP litigation.

Many CPAP recall lawsuits have already been resolved by plaintiffs and survivors of those harmed by the defective device's air pathway.

Philips CPAP Lawsuit Frequently Asked Questions (FAQs)

Below are frequently asked questions about a recalled Philips CPAP machine and litigation. If you have additional questions, contact our law firm for a free consultation with a CPAP lawyer experienced in product liability law with medical and mechanical device litigation.

What Injuries Are Related to Defective Philips Sleep Apnea Machines?

The common injuries and symptoms associated with specific Philips sleep and respiratory care devices include those who have experienced:

  • Adverse effects to other organs, including the liver or kidneys
  • Brain Cancer
  • Breast Cancer
  • Leukemia
  • Stomach cancer
  • Nasal cancer
  • Esophageal cancer
  • Chest pressure
  • Headaches
  • Heart attack
  • Heart failure
  • Hypersensitivity
  • Inflammatory responses
  • Lung cancer
  • Lung injury
  • Nausea or vomiting
  • Pulmonary fibrosis
  • Respiratory injuries and failure
  • Sinus infection
  • Stroke
  • Upper airway irritation
  • Death

Continued use of CPAP sleep apnea machines that are defective could result in potential health risks, including the risk of lung cancer, permanent kidney damage, or chronic inflammation. Individuals impacted by these medical devices should consult their physician to find alternative safe sleep apnea devices.

Have You Received Philips Recall Notification Concerning The Company's Repair And Replacement Programs From The Medical, And Mechanical Device Manufacturer?

A recalled CPAP machine involving defective oral appliances among CPAP users could lead to serious injury and life-threatening problems in those who suffered adverse health consequences. If you or a loved one have suffered any serious or fatal injuries due to the use of a recalled Philips CPAP or BiPAP device, you can claim compensation for:

  • Past, current, and future medical bills to treat injuries
  • Past and future pain and suffering, mental anguish, and emotional stress resulting from the injuries
  • Lost wages and future lost earnings
  • Other economic and personal injuries
  • Punitive damages if the court deems the defendant's behavior as egregious

Any family of a person who died from medical complications related to a Philips CPAP recalled device could file a wrongful death lawsuit to recover compensation for the loss of financial and emotional support.

Who Qualifies for Financial Reimbursement for Defective Recalled Sleep Apnea Machines?

Individuals who suspect that their mechanical ventilator respiratory medical devices (Philips sleep apnea machine) have caused serious injury can file a civil action against Philips to hold them accountable for the harm.

However, potential plaintiffs must meet specific criteria to participate in a Philips CPAP lawsuit, including:

  • They must have used a recalled device such as a Philips CPAP machine, Philips Bi-level positive airway pressure PAP, or another qualifying Philips ventilator
  • A qualified doctor should have accurately diagnosed their condition, including liver, kidney, and lung cancer, heart problems, sudden respiratory failure, or other injuries.
  • They are not currently or previously smokers.

Although Philips has recalled their products to save lives, it may be too late for many home ventilator users who have already been injured by a defective CPAP or Bi-level PAP machine.

What Type Of Damages Can A Person Impacted By A CPAP Device Recover?

Victims who experienced lung damage, cancer, or other severe injuries after using Philips apnea device machines might qualify to receive financial compensation through a Philips Respironics lawsuit, including:

  • Past, current, and future medical bills to treat injuries
  • Past and future pain and suffering, mental anguish, and emotional stress resulting from the injuries
  • Lost wages and future lost earnings
  • Other economic and personal injuries
  • Punitive damages if the court deems the defendant's behavior as egregious

Any family of a person who died from medical complications related to a Philips CPAP machine can file a wrongful death lawsuit to recover compensation for the loss of financial and emotional support.

Have There Been Any Settlements Of Philips CPAP Recall Lawsuits?

No. Currently, there have not been any reported settlements involving defective CPAP lawsuits against Philips. This litigation is in the primary states, and our CPAP lawyers don't expect any apnea machine cases to be resolved for some time.

However, these cases can potentially drive substantial Philips CPAP lawsuit settlement values. If past product liability lawsuits indicate the value of CPAP settlement cases, the claims may be worth anywhere from $150,000 to $500,000 per case-- or even more.

Much of the value of these CPAP lawsuits (and their potential CPAP settlement amounts) will be determined by:

  • Age of the individual
  • How long was the machine used
  • Prior medical history and previous illness through review of medical records
  • Scientific studies that support or refute the causal connection between the CPAP defect and illness
  • Rulings by the presiding judge concerning evidence in the pending lawsuits

How Long Does A Person Have To Bring A CPAP Lawsuit For Personal Injury or Wrongful Death?

The time to bring a CPAP lawsuit is determined by the statute of limitations in the state where you reside. The statute of limitations for defective medical devices varies by state but typically ranges from two to four years.

There are exceptions to the statute of limitations in the Philips CPAP recall lawsuit. In some states, individuals have a more extended time to file a lawsuit if the defendant is a corporation. Injured parties might have more time to file a lawsuit if the defendant engaged in fraudulent or intentional conduct.

Failure to file a Philips CPAP lawsuit within the statute of limitations will forever bar your recovery. Consequently, anyone impacted by the CPAP recall should speak with a lawyer as soon as feasible to determine the time frame for filing a lawsuit.

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Hire a Reputable Philips CPAP Lawsuit Attorney to Ensure You Receive Financial Compensation

Did you or your loved one require medical intervention, experience health problems, or were harmed using a recalled Philips CPAP machine? At Rosenfeld Injury Lawyers, LLC, our medical device personal injury attorneys protect consumers harmed by recalled Philips CPAP and BIPAP machines.

Call a CPAP recall injury lawyer today at (888) 424-5757 (toll-free phone call) or use the contact form to schedule a free consultation. All confidential or sensitive information you share with our law office remains private through an attorney-client relationship.

Surviving family members who lost a loved one from defective Philips CPAP machines can file a wrongful death lawsuit seeking financial compensation, including funeral and burial expenses. Many million-dollar lawsuits have already been resolved on behalf of clients who were severely harmed by the negligence of others.

"No Win, No Fee" Contingency Agreement

We accept all cases on a contingency fee basis, meaning we only receive a payment if we recover compensation on your behalf. Contact your attorney today at (888) 424-5757 for free legal advice to review your medical records, discuss your legal options for a CPAP lawsuit, and obtain the compensation you deserve.

Our law firm has a strong track record of recovering compensation for people who have suffered severe injury or death due to recalled medical devices and dangerous drugs. We look forward to doing the same for people impacted by CPAP device machines and the Philips CPAP recall.

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