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Philips CPAP Machine Lawsuit

Sleep is one of the most important aspects of life. We need proper rest to rehabilitate our bodies so that we can feel clear and focused the next day. On top of functioning, we also need ample rest to remain as healthy as possible. When you have trouble breathing in the night, your doctor will likely tell you to use a CPAP machine to make sleeping as helpful as possible for you. But sometimes, the CPAP machine you used can cause even more problems because it’s defective.

This has happened with Philips sleep apnea machines and has led to a recall for some of their products. Our Philips CPAP machine lawyer at Thomas Law Offices is here to represent you in your claim and help you join the class action lawsuit. You shouldn’t have to go through this on your own—we’re here to help you get justice for the damages your defective CPAP has caused you when it was supposed to improve your health.

Philips CPAP Recall

Even though you thought your Philips Respironics machine was helping you breathe at night, it actually could have been causing your lungs and body even more harm. Unfortunately, many Philips CPAP, BiPAP, and ventilator machines have been recalled due to dangerous defects.

The main issue in these devices that caused their recall was the polyester-based polyurethane (PE-PUR) foam that was intended to reduce the amount of noise and vibrations that these machines emitted. As it turns out, the foam was breaking down and entering the patient’s airways. We’ll get more into exactly how this foam was harmful later.

Now, let’s look at the U.S. Food and Drug Administration’s (FDA) list of CPAP and BiPAP devices from Philips that have been recalled if they were manufactured before April 26, 2021:

  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • A-Series BiPAP A40
  • A-Series BiPAP A30
  • E30
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+
  • SystemOne Q-Series
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

If you’re using one of the recalled CPAP machines listed above, it’s important to reach out to your doctor immediately for further instruction. While you could be okay and unharmed, you very well could have suffered injuries from the defective CPAP and need to get treated right away.

Getting medically evaluated also ensures you have a record that links your injuries directly to the use of your CPAP that was recalled. Our Philips CPAP machine attorney is here to guide you through the legal process after finding out your sleep apnea machine was harming you.

How Were the CPAP Machines Defective?

CPAPs have a specific job for patients with sleep apnea—opening your airways so that air can flow through and provide your lungs and body with the oxygen you need while sleeping. A doctor will prescribe you with the need for a continuous positive airway pressure (CPAP) machine when you have obstructive sleep apnea that blocks your airways in your sleep.

The main benefit of a CPAP is what makes the defect for these devices so dangerous. More specifically, the defect is with the polyester-based polyurethane (PE-PUR) foam used to reduce the amount of sound and vibrations the machines produced since consumers would be using this while sleeping.

Unfortunately, this foam was shown to break down. Since this is a machine with an open airway, that made the defective foam even more dangerous because particles could easily travel into a CPAP user’s airways. The small black debris was then inhaled or swallowed, which lodged it into the person’s lungs or into their digestive system.

Even if the debris didn’t reach the person’s airways, the degradation of the foam released harmful gases that could be inhaled as well.

The FDA also notes that some environmental conditions could cause the PE-PUR foam to break down even more quickly than normal. Some of these conditions would be places with high heat, high humidity, and cleaning the foam with unapproved methods, like ozone.

Any of these scenarios could have caused you serious damage. Let’s take a look at some of those more specific injuries.

What Harm Could These CPAPs and BiPAPs Have Caused You?

After understanding how these CPAPs were defective, you’re likely wondering exactly what kind of damage your body could have suffered as a result. The answer is unfortunate in that you could have some serious side effects from inhaling or ingesting debris or toxic gases released by the degradation of the PE-PUR foam.

The recall of these products didn’t occur without reason—their defects can have serious side effects on consumers. These are the specific injuries and harm that could have been caused to your body from the defective Philips CPAP machines, according to the FDA:

  • Skin irritation
  • Eye irritation
  • Respiratory tract irritation
  • Inflammatory response in lungs or digestive tract
  • Headache
  • Dizziness
  • Asthma
  • Nausea
  • Cancer
  • Toxic effects for the organs, especially lungs, kidneys, and liver

Of course, inhaling a gas is dangerous because it quickly can enter your bloodstream, but inhaling the particles could be even more dangerous. When particles enter your lungs, even if they don’t inhibit your breathing right away, they can be dangerous in other ways.

The particles of black debris could enter your airways, lungs, or digestive tract and attach to the lining or tissue there. Where it attaches, it can become encapsulated by your tissues growing around it. This is even more dangerous because the particles then become a part of your body, and any chemicals within the foam are absorbed directly into your bloodstream.

The harms seem to never end when this PE-PUR foam degrades, which is why you need to know the signs to look for so that you can catch any side effects immediately. Our Philips CPAP machine lawyer is here to help you link your damages to a defective machine so you can get justice.

Symptoms Showing You Might Be Eligible to File

You’ve looked at this list of recalled Philips Respironics CPAPs, BiPAPs, and ventilators and recognized a device you use, then you saw the description of what they could do to you, and now what? You’re likely wondering what all of this means for you as a consumer.

Your next steps will likely be thinking about any symptoms you might have that could point to signs of foam inhalation or gas inhalation. You should know the symptoms so that you even if you don’t have these signs right now, you can quickly recognize if you do start having them.

Here are the most common signs and symptoms that could mean you have been harmed by these products:

  • Headache
  • Dizziness
  • Cough
  • Chest pressure
  • Sinus infections
  • Inflammation and swelling
  • Irritation or redness
  • Hypersensitivity
  • Nausea and vomiting
  • Trouble breathing
  • Black debris

If you’ve experienced these symptoms, your best course of action will be to seek medical treatment. That way, they can get to the root of your problem and start treating you right away. This also provides a record that shows you had symptoms that could directly connect to defects in your CPAP.

Even if you haven’t experienced these symptoms, it’s still helpful to go to your doctor. They can perform a full evaluation and look for signs that you might have missed. From there, you’ll want to speak with our Philips CPAP machine lawyer to see if you could qualify to join the lawsuit.

Qualifications for Taking Legal Action Against Philips

All this information can be overwhelming. At the end of the day, you just wanted your CPAP machine to help you sleep—you didn’t want all these extra concerns. Unfortunately, if you used one of the recalled Philips CPAPs, then you have to worry about what’s next for you.

Thankfully, one of those steps could be taking legal action to get the compensation you deserve for all your injuries and added stress to your life that this defective medical device caused you. Here are the qualifications for taking part in the Philips CPAP machine lawsuit:

  • Used one of the products listed above
  • Experienced and have recorded symptoms listed above
  • Or a family member who died due to symptoms listed above

If you qualify, then you should take part so that Philips Respironics can be held accountable for their negligence. With the help of our Philips CPAP recall attorney from Thomas Law Offices, you can rest assured that your claim will be as strong as possible and that we’ll fight to get you justice.

These class action lawsuits are all in the early stages since the recall is so recent. That means that there haven’t been verdicts or settlements yet, as of October 2021. When you get in early on in a mass tort claim, you can ensure that you’ll be one of the first to receive the settlement you’re owed.

How Philips Delayed the Recall

One of the worst parts of this Philips CPAP recall lawsuit is how the company maneuvered the recall and their new products. Allegedly, Philips Respironics delayed the recall so it lined up with their release of new products. This was in an attempt to have the new devices on the market to replace the old ones with little fallout from a recall, but that didn’t work for them.

Instead, it made them look shady and made consumers even more suspicious. They should have issued the recall as soon as they found the previous products to be dangerous because consumers were still using the dangerous products and thus suffering injuries and damages.

Had they recalled their defective CPAPs, BiPAPs, and ventilators sooner, then they could have prevented more consumers from being injured. They allowed consumers to use their defective products while knowing they could cause serious health risks, like cancer.

However, the new devices have been deemed safe and currently do not have a recall issued.

Thomas Law Offices Can Help Victims Nationwide

When you’ve been hurt by a medical device that was supposed to help you and make your life better, you could be left feeling vulnerable and unsure of who to trust. You likely have a lot of questions and don’t know who to turn to. That’s where Thomas Law Offices comes in.

Our Philips CPAP machine lawyers are here to help victims from any state get the compensation they deserve for the damages they suffered. Our attorneys will answer your questions and ensure you feel confident and supported throughout the entire legal process.

Contact our office today so we can schedule a free consultation and get started working for you and your family.

 

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Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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