Nearly all of the Philips CPAP product line has been affected. Recalled products include: A-Series BiPAP (A30, Hybrid A30, A40, V30 Auto), C-Series (ASV, S/T, AVAPS), Dorma 400 and 500, DreamStation (first generation – ASV, Go, ST, AVAPS), E30, Garbin Plus, Aeris, LifeVent, OmniLab Advanced+, REMstar SE Auto, SystemOne AS4, SystemOne Q-Series, Trilogy 100, and Trilogy 200. The next-generation DreamStation2 has no known issues.
The company intends to replace the sound abatement foam in affected devices with new material once they receive the required regulatory clearances. In the meantime, Philips advises patients using the recalled devices to immediately consult their physicians about alternative treatment options.
Why Were Philips CPAP Machines Recalled?
According to Philips, there have been no serious injuries or deaths associated with their products. However, reports and testing have revealed that the PE-PUR noise-abatement foam on the masks can degrade into small particles. These particles make their way into the airway portion of the device, where they are inhaled, ingested, or absorbed by the body. Furthermore, patients may be affected by the foam’s off-gassing.
Exposure to polyurethane foam is believed to increase the risk of lung cancer, lung injury, asthma, headaches, coughing, sinus infections, chest pressure, kidney and liver damage, inflammatory response, headache, nausea, and vomiting. Foam degradation may also be exacerbated by high heat, humidity, and ozone cleaning products.
A Philips CPAP Recall Lawsuit Could Lead to Compensation For Injured Philips CPAP Users
Patients injured through the use of defective medical devices may bring lawsuits based on:
- Defective Design – when the design itself renders the device unsafe.
- Manufacturing Defect – when the manufacturing process renders the device unsafe.
- Failure to Warn – when the manufacturer fails to warn the public of known risks.
Each state imposes its own statute of limitations, a deadline for which legal proceedings must be initiated. In Arizona, this time period is just two years from the injury or realization of harm. Therefore, people who may have a valid claim must begin their filing right away.
Possible financial compensation that could be recovered through a Philips CPAP recall lawsuit may include:
- All related past and future medical bills
- Lost wages and loss of future income potential
- An estimated amount for past and future pain and suffering, both mental and physical
- Punitive damages, if appropriate
While there have been no recoveries to date and there are no guarantees of future payouts, it’s not unusual for medical device cases to result in verdicts and settlements worth tens of thousands, if not millions, of dollars.
Plaintiffs Move to Consolidate Philips CPAP MDL
On July 7, Thomas R. Starner– one of the first lawsuit plaintiffs– filed a motion for transfer and coordination. He requested that the U.S. Judicial Panel on Multidistrict Litigation consolidate similar complaints in the federal court system to the Eastern District of Pennsylvania before U.S. District Judge Timothy J. Savage. If approved, this move would centralize early proceedings to avoid wasted resources on duplicative discovery, prevent contradictory rulings from different judges, and serve the convenience of witnesses.
Typically, several bellwether trials are selected to expose the central strengths and weaknesses of the arguments presented. Depending on how these early rulings go, the defendant may begin offering settlements to the remainder of plaintiffs, or each case may be remanded to the courts where they were filed to undergo trial.
At the time, at least 10 different lawsuits were filed in five U.S. District Courts, with some of the lawsuits filed as class actions. Working with an attorney experienced in nationwide MDL proceedings will ensure your claim is filed appropriately and that you have every opportunity to receive just compensation without delay.
How Much Does It Cost to File a CPAP Lawsuit?
A reputable personal injury lawyer works on a contingency basis, meaning clients pay no legal fees unless the case settles favorably or goes to trial and wins. The legal team bears the cost of court fees, deposition taking, discovery, and other activities. As a personal injury client, you can expect to pay nothing out-of-pocket to file a CPAP lawsuit.
Get a Free Philips CPAP Lawsuit Consultation
Have you or a loved one suffered adverse health effects after regular use of a Philips CPAP machine for sleep apnea treatment? Call now for a free Philips CPAP lawsuit consultation with a Tucson-based personal injury attorney. Explore your options for obtaining compensation and justice with a leading team. We have extensive experience handling cases involving defective medical devices. Se Habla Español.