Class Action Lawsuit Lawyers

CPAP Class Action Lawsuit Lawyers

For those who suffer from sleep apnea, the normal protocol over the years has been to set them up with a CPAP machine. As you may know, these machines deliver steady air pressure to the patient so that they can sleep without issues overnight. Now that you understand how the machines work, telling you that CPAP is short for ‘continuous positive airway pressure’ isn’t so scary.

Sadly, however, many patients were given access to a Philips CPAP machine. While they were effective at helping sleep apnea, they also emitted degraded polyurethane foam particles because of a design defect. Eventually, this led to a safety recall, an FDA inspection, and a Philips CPAP class action lawsuit.

If you think you’ve been harmed by a Philips CPAP machine, the DreamStation 1 as an example, we recommend getting in touch with the professionals at The Injury Firm as soon as possible. Thanks to the Philips CPAP recall class action lawsuit, you could be entitled to compensation.

CPAP Machine Lawsuits

Just before the summer of 2021, Philips announced the recall of several of its CPAP, BiLevel PAPs, and other ventilation machines. After complaints and suggestions of a problem, the FDA decided to inspect the DreamStation 1. Soon after, it released a report confirming carcinogen formaldehyde emittance. As a result, people using the ventilation machine could develop serious side effects after prolonged use.

Since these devices are designed to help people with sleep apnea breathe through the night, it’s not something that users can avoid. According to the FDA, prolonged use has the potential to lead to cancer, respiratory problems, and other health issues. If you or a loved one has been affected by such products, reach out to the passionate team at The Injury Firm and we’ll represent you as part of the Philips CPAP recall lawsuit.

Currently, you can contact us if you think that a Philips CPAP machine has caused a whole host of conditions. For example, this includes various types of cancer (including colon, hematopoietic, lung, liver, and kidney), chronic asthma, chronic bronchitis, pulmonary fibrosis, sarcoidosis, and more. If you’re in any doubt, phone our number today : 954-951-0000.

The Seriousness of the Philips CPAP Recall

Often, people tend to ignore recalls because it only affects a tiny percentage of the population. Unfortunately, this is one of the biggest product recalls in recent history with over 15 million breathing devices potentially affected. Around four in every five of the recalled devices are CPAP machines and it says something when news articles mention the machines not affected by the recall rather than the ones that are affected.

As well as victims suing the company for defective design, they’re also claiming consumer fraud, manufacturing defects, failure to warn customers, fraudulent concealment, and deceptive trade practices. With this in mind, it could shake the commercial world and considerably damage the reputation of the Philips brand.

As we enter 2022, the MDL (multi-district litigation) is in its early stages having launched toward the end of 2021. With dozens of cases now included in the MDL, it won’t be long before results start coming in and the early trials will set the scene for all remaining cases.

The older the device, the more likely the PE-PUR foam is to degrade, and this causes victims to inhale and ingest the dangerous materials. With no filter in the machine, this combines with potential vapors of toxic chemicals to expose users in multiple ways. Just some of the VOCs (volatile organic compounds) suggested from such devices include toluene diisocyanate, toluene diamine, and diethylene glycol.

To summarize, the CPAP machine lawsuits are incredibly serious and all those with a model listed in the safety recall are encouraged to stop using the devices immediately. In the associated report, the FDA listed eight major failings by Philips including a lack of corrective or preventative action, lack of design validation, poor quality policy understanding, and more.

What Should I Do Next?

If you have one of the models listed in the safety recall, we first recommend getting medical attention as soon as possible. Your doctor will likely request that you stop using the machine, and they could also run other tests to check your condition (if you’ve experienced issues).

While adhering to the strict statute of limitations, we’ll gather evidence, provide advice, protect your legal rights, preserve evidence (such as the machine itself), and communicate with experts.

When researching online, you may see people recommending an FDA adverse event report and/or a Philips recall report. However, we suggest contacting The Injury Firm before filing any information. Why? Because one simple mistake at this stage and the company could use it against you. Even if you meant it innocently, the lawyers of Philips will use it to reduce/negate compensation.

In terms of compensation itself, the amount you receive will depend on the damages caused by the affected products. Yet, your case could recover medical expenses, lost wages, pain and suffering, loss of future earnings, and other economic and non-economic damages.

Of course, there’s also the potential of punitive damages due to the actions of Philips - this will be the case if Philips admits to knowing about the problem and doing nothing to prevent it. Also, punitive damages could be awarded to victims since the company timed the announcement of the recall with the release of a new generation of products. Suddenly, customers with faulty CPAP machines would have to invest even more money to buy the newer (non-dangerous!) model.

If you believe you deserve to add to the Philips CPAP class action lawsuit, contact The Injury Firm today. We’re experts in CPAP machine lawsuits and know what it takes to obtain compensation. The Philips CPAP recall class action lawsuit is growing, and it’s time to hold the company accountable for its negligence!

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