CPAP Lawsuit for People Injured by Phillips Sleep and Respiratory Devices
The FDA's recent announcement of a voluntary recall of specific Philips sleep and respiratory care devices has led to many Philips CPAP lawsuit claims by injured victims who developed respiratory problems and lung cancer.
At Rosenfeld Injury Lawyers, LLC, our defective medical device attorneys represent individuals harmed by recalled Philips CPAP breathing machines and have received medical treatment for severe injuries.
Call us today at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free case review. Our legal team is listed among the National Trial Lawyers Top 100, Super Lawyers, Million Dollar Advocates, Lawyers of Distinction, Best Lawyers in America, etc.
On June 30, 2021, the U.S. Food and Drug Administration alerted health care providers and individuals using Philips Respironics ventilators, Philips Bilevel PAP, and CPAP breathing machines of a recall. In addition, the FDA announced that using recalled Philips CPAP or bi-level positive airway pressure (PAP) mechanical ventilators could lead to developing lung cancer.
That same month, Philips announced its voluntary recall of 3.5 million CPAP and BiPAP ventilator machines due to toxic sound abatement foam used in the breathing devices. Philips explained that the PE-PUR foam material used in recall devices could cause lung problems or cancers over time of long-term users of devices who use the machine for sleep apnea.
The defendants (Koninklijke Philips N.V.) face a class-action lawsuit filed by plaintiffs alleging they experienced health issues like asthma caused by exposure to degraded particles emitted into the air during exhalation. Harm could arise while using these allegedly defective ventilators made of materials containing polyester-based polyurethane PE-PUR sound abatement foam particles.
The foam's 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 therapy without first consulting their doctor to determine the necessary steps to minimize possible patient impact. In addition, the company is deploying "permanent corrective action" on certain models that will address specific issues with their recalled products.
Harmful Contaminants in Sleep Apnea CPAP Machines
The Philips CPAP and BiPAP machines to treat sleep apnea have polyester-based foam that could emit volatile organic compounds (VOCs), resulting in adverse effects on organs or cancer if inhaled or ingested. As a result, Philips offers rebates for anyone who purchased the product within a specific time frame to use upgraded equipment with safer materials, according to regulatory agencies.
The Philips company issued a warning to doctors stating that using their equipment could result in severe injuries resulting in life-threatening or permanent impairment.
In addition, Philips warned about potential 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 foam material could become significantly worse when using unapproved cleaning methods that involve high humidity, high heat, and ozone cleaning environments.
Why People Use Continuous Positive Airway Pressure Home Ventilators
Philips Bi-level PAP and CPAP are devices that help to 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 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, which is more commonly referred to as 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 Obstructive sleep apnea or Chronic obstructive pulmonary disease (Emphysema).
The Philips CPAP Machine: A Widely Used Device
Statistical estimates indicate that there are 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 continuous positive airway pressure (CPAP) breathing devices for altitude sickness and sleep apnea relief, these two companies have a firm footing on their competitors with 92% customer service satisfaction ratings.
The manufactured line of Philips CPAP Home ventilators includes a wide range of CPAP and Bi-level mechanical ventilator devices and other breathing machines, including:
- Philips Dream Station CPAP
- BiPAP Philips DreamStation GO CPAP APAP
- Auto CPAP BIPAP
- 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 CPAP Auto
- 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
Not all of the machines listed above are part of the Philips CPAP recall. Philips recalled two defective products, including their HAPPI Premium Nasal Pillow Mask and DreamWear nasal mask, due to potentially harmful effects caused by the degraded foam.
The foam degradation allows particles that enter through inhalation.
Additionally, out-gassing toxic gases have been reported, which is a cause for concern as these device users are inhaling directly from their recalled CPAP devices instead of just breathing air in the surrounding area.
How Human Lungs React to Polyester-based Polyurethane Particles
Polyester-based PE-PUR 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 particles before eventually spreading to all other organs and body parts once it is absorbed into the bloodstream.
A Class Action Lawsuit Against Recalled Philips Devices
On June 29, 2021, plaintiffs filed a crucial class-action lawsuit in federal court after suffering injuries from the now recalled CPAP and Bi-PAP machines and ventilators.
Many victims have been receiving medical care paid through their medical insurance policies. As a result, insurance companies are likely seeking reimbursement through the Philips CPAP lawsuits for the funds to pay their policyholder's medical expenses from the severe injury they received for using their mechanical ventilator device.
Court documents allege that Philips knew of the substantial and material risks in using its CPAP machines long before they voluntarily recalled the breathing devices. The document also claims that patients using the defective devices had complained to Philips about the black particles and black debris they saw on their mechanical ventilator for years.
The complaint alleges that Philips failed to warn the public about the known hazards of their defective medical device and the problems with the sound abatement foam component until late April 2021. The company still waited to recall its CPAP mechanical ventilators until June 14, 2021, knowing about the foam degradation and the carcinogenic effects that could lead to lung cancer or other health problems.
The class-action lawsuit seeks financial recovery for anyone who bought the recalled devices and has Philips replace their affected units with safe and effective devices with no potential cancer risk. In addition, attorneys will file class-action lawsuits on behalf of their clients involved in severe cases to ensure they receive compensation to ensure that all victims receive a similar outcome when resolving their lawsuit.
Injuries and Symptoms Related to Defective Philips CPAP Recalled Devices
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 liveror kidneys
- Chest pressure
- Heart attack
- Heart failure
- Inflammatory responses
- Lung cancer
- Lung injury
- Nausea or vomiting
- Respiratory injuries and failure
- Sinus infections
- Upper airway irritation
Continued use of a recalled CPAP machine could increase the risk of lung cancer, permanent kidney damage, or chronic inflammation.
Who Qualifies for Financial Reimbursement for Defective Recalled Sleep Apnea Machines?
Individuals who suspect that their mechanical ventilator respiratory devices have caused them 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 Philips CPAP machine, Philips Bi-level positive airway pressure PAP, or another qualifying Philips mechanical ventilator
- A qualified doctor must have accurately diagnosed their condition that could include liver cancer, kidney cancer, lung cancer, heart problems, sudden respiratory failure, or other injuries
- They are not currently or previously a smoker
Although Philips has recalled their products in an attempt 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.
Victims who experienced lung damage, cancer, or other severe injuries after using Philips CPAP sleep apnea breathing devices might qualify to receive financial compensation through a Philips CPAP 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
Hire a Reputable Philips CPAP Lawsuit Attorney to Ensure You Receive Financial Compensation
Were you or your loved one harmed using a recalled CPAP machine? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys protect consumers harmed by recalled Philips CPAP machines.
Call a CPAP recall injury lawyer today at (888) 424-5757 (toll-free phone call) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with our law office remains private through an attorney-client relationship.
Our law firm accepts 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 settlement or jury trial verdict.
Surviving family members who lost a loved one from a defective Philips machine 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. Contact your attorney today (888) 424-5757 for free legal advice to review your case, discuss your legal options, and obtain the compensation you deserve.