At Rutter Mills, we take the time to understand the effect that this has on your life and examine your right to compensation under the circumstances. Our team will look at your case, regardless of whether the medical product has been the subject of a recall. Our goal is to fight for your well-being while ensuring the general public is not needlessly harmed by the same product. Speak with a defective medical device lawyer about your CPAP case by scheduling a free consultation.
Understanding the Philips CPAP Machines
According to the U.S. Food and Drug Administration (FDA), in June of 2021, Philips Respironics recalled specific CPAP devices as well as bi-level positive airway pressure (BiPAP) machines and adaptive-servo ventilation (ASV) devices due to potential health risks.
These machines were outfitted with a polyester-based polyurethane (PE-PUR) foam to reduce noise and vibration. The danger to consumers is that when this foam breaks down, small, carcinogenic particles or vapors can enter the breathing tubes and travel directly into the lungs.
Some of the machines Philips recalled include:
- DreamStation
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAP
- Dorma 400
- Dorma 500
- REMStar SE Auto
- A-Series BiPAP
- C-Series ASV
A more comprehensive list of models can be found on the FDA website. If you still own and use one of these machines, consult with your doctor as soon as possible to explore different treatment options.
Health Risks of Philips CPAP Machines
Exposure to the degraded foam used in Philips CPAP machines has been linked to a wide range of medical conditions affecting the lungs and other critical organs. Some of the diseases people have reported after using these machines include, but are not limited to, the following:
- Lung cancer
- Bladder cancer
- Renal cancer
- Respiratory failure
- Leukemia
- Lymphoma
- Chronic bronchitis
- Chronic asthma
- Heart failure
- Stroke
- Reactive airway disease (RAD)
- Acute respiratory distress system (ARDS)
Speak with an attorney experienced in defective product litigation to learn how a Philips CPAP lawsuit can help you recover your damages and losses.
The Case Against Philips Respironics
Our team at Rutter Mills is thoroughly experienced in class-action lawsuits arising from major manufacturers making defective products, like Philips Respironics. The class-action lawsuits filed against Philips make two central claims:
- Philips breached their duty of care to customers by manufacturing products that contained toxic materials.
- Philips did not take action quickly enough once they became aware of the risks to consumers.
These lawsuits allege that Philips knew about the risks and may even have taken actions to hide them long before recalling the devices from the market. There is a CPAP class action lawsuit with plaintiffs consolidated into a multi-district litigation (MDL-3014), U.S. District Court for the Western District of Pennsylvania, No. 21-1230.
How Can a Philips CPAP Lawsuit Help You?
If you have developed cancer or another serious health problem after using a Philips CPAP machine, nothing can undo the harm you have suffered. However, by joining a lawsuit against Philips, you can pursue financial compensation for your losses.
You may be eligible for the following:
- Medical bills: Whether you have undergone cancer treatment or other medical interventions due to your use of a CPAP machine, a lawsuit can help you recover compensation for doctor’s visits, MRIs, surgery, chemotherapy, radiation treatments, and other care and treatment related to your condition.
- Wage loss: You can seek compensation for lost wages and diminished earning capacity.
- Pain and suffering: Non-economic damages such as pain and suffering, emotional trauma, and diminished quality of life are also available to people who have suffered due to using defective medical devices.
- Wrongful death: Lung cancer and other diseases linked to Philips CPAP machines often prove fatal. In such situations, surviving family members may pursue compensation through a wrongful death lawsuit: damages include final medical bills, loss of companionship, lost income, and funeral and burial expenses.
Trust a local Hampton Roads defective product lawyer to provide compassionate guidance and aggressive advocacy in your CPAP case.
What You Can Do to Help Your Case
Here’s how you can improve your chances of success:
- Keep your CPAP equipment: Signs of degraded foam rubber, the presence of toxins in the breathing tube, and other physical evidence from your CPAP device could be valuable evidence.
- Document everything: Keep records that indicate when you bought your CPAP machine, how often you used it, when you started developing health problems, and the nature of the health problems you have faced. An experienced attorney can use this information to build a compelling case on your behalf.
Finally, the most important thing you can do is to obtain treatment for your health issues and follow your doctor’s orders. These medical records are also a necessary element of a CPAP lawsuit.
Schedule a Free Consultation to Learn More About How Rutter Mills Can Help You
Consumer products and medical devices have standards they must meet before being made available to the public. Products intended for children and babies, medical devices, and safety equipment all come with an expectation that they will improve people’s lives, not destroy them. When someone is injured using a product they trust to help them, their confidence is destroyed. Side effects and consequences of defects can have catastrophic impacts.
If you’ve been harmed using a CPAP machine from Philips Respironics, we invite you to schedule a free, no-obligation consultation. Since we work on a contingency basis, there are no upfront legal fees.
