Are you or someone you know dealing with health problems related to a defective Philips CPAP machine?
You may be entitled to compensation through the Philips CPAP mass tort lawsuit. This lawsuit comes in response to the hundreds of reported injuries, illnesses, and deaths after using respiratory equipment manufactured by Philips Respironics, INC.
The lawsuits allege that a design defect in the CPAP devices has resulted in patients inhaling and ingesting degraded polyurethane foam particles. The company has since recalled thousands of its machines.
An inspection conducted by the Food and Drug Administration (FDA) has shown that at least one of the machines, the DreamStation 1, emits high levels of formaldehyde—a substance known to cause cancer.
Find out if you have a case—contact Onward Injury Law serving clients throughout Central Illinois. Schedule your free consultation today.
Which Philips CPAP Devices Are Recalled?
Philips voluntarily recalled over a dozen CPAP, BiPAP, and ventilator machines manufactured between 2009 and April 26, 2021. This recall affects over 15 million devices, of which more than half are in the United States.
Here’s the list of recalled devices:
- Aeris
- A-Series BiPAP A30
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- C-Series ASV
- C-Series S/T and AVAPS
- Dorma 400, 500, Auto
- DreamStation ASV, Go, ST, Auto, and AVAPS
- E30
- Garbin Plus
- LifeVent
- OmniLab Advanced Plus
- REMstar SE Auto
- SystemOne ASV4, Q-Series, 50 series, and 60 series
- Trilogy 100
- Trilogy 200
- Trilogy Evo ventilators
Why Were the Philips CPAP Machines Recalled?
The sound abatement lines in the Philips recalled CPAP and BiPAP machines and mechanical ventilators are made from PE-PUR foam (polyester-based polyurethane) which can degrade into particles and emit toxic chemicals.
This sound abatement foam degradation in the CPAP machines can then be ingested or inhaled by the patient as they sleep, and there are no filters to protect from this. These particles are so small that they can permeate the lung’s alveoli and enter the bloodstream. The FDA has classified it as a Class I CPAP recall, meaning these devices could potentially cause severe injury or death.
Recalled Philips CPAP Symptoms
While using CPAP machines comes with risks and side effects, the risks and symptoms associated with these recalled machines may be more severe.
Patients may experience the following potential health risks:
- Allergic reactions
- Skin reactions
- Airway inflammation
- Asthma
- Chest pressure
- Cough
- Dizziness
- Headache
- Hypersensitivity reactions
- Irritation of the respiratory tract, eyes, nose, and skin
- Nausea or vomiting
- Organ damage, such as liver problems or kidney problems
- Respiratory issues
- Sinus infection
- Various cancers
What Should I Do If My CPAP Device Was Recalled?
If your CPAP device was one of the recalled devices, here’s how you can take action:
- Call your doctor. Your doctor can evaluate your condition, provide medical advice, and help you safely discontinue the product use.
- Report an adverse event with the FDA. This allows you to voluntarily report your symptoms and/or injuries from using the CPAP machine.
- Register your recalled device with Philips.
- Preserve all evidence, including the device itself, medical records, etc.
- Contact Onward Injury Law to discuss filing a lawsuit.
Your health is the priority after being injured due to a Philips CPAP device. Next is the right to claim compensation and hold Philips accountable. Get help with your case. Contact us now.
What is the Latest With the Philips CPAP Recall Lawsuit?
Hundreds of plaintiffs are suing Philips on negligence grounds and product liability, including:
- Defective design
- Manufacturing defect
- Failure to warn
- Consumer fraud
- Fraudulent concealment
These lawsuits have been consolidated into a multidistrict litigation case in federal court, simplifying the process while keeping each plaintiff’s case separate. The case is out of the U.S. District Court, Western District of Pennsylvania. Judge Joy Flowers Conti is presiding.
Here are the latest updates:
April 2023:
Judge Conti has rescheduled The in-person Status Conference to May 25, 2023.
March 2023:
In a partial grant of Philips’ Motion to Dismiss, Judge Joy Flowers Conti dismissed a particular claim made by Cynthia Morris. However, the dismissal will be without prejudice.
February 2023:
The FDA has included new injury reports related to recalled Philips CPAP devices in its medical device reports database. As per the FDA, they have received over 98,000 MDRs since April 2021, with 346 reports of death allegedly associated with the PE-PUR foam breakdown or possible foam breakdown.
January 2023:
During the monthly status conference, the plaintiffs presented their proposed schedule for commencing bellwether trials in 2024. The defendants, on the other hand, submitted a plan that suggested the trials may not begin until 2025 or even 2026.
How Much Compensation is Available if I Sue?
Recoverable compensation will be heavily dependent on your case.
However, plaintiffs may be eligible to claim six figures or more with the help of a personal injury attorney. You may claim compensatory damages for lost wages, medical expenses, and pain and suffering. If it can be proven that Philips knew or should have known about the defect and failed to repair it, plaintiffs may be entitled to punitive damages as well—compensation awarded to punish the bad actor.
Contact an Illinois Mass Torts Attorney Today
Have you experienced adverse side effects from using a Philips sleep apnea machine? You may have a case.
There are a lot of things to do and limited time to act. The Pennsylvania statute of limitations governs the Philips CPAP MDL. Don’t miss out on your opportunity to claim compensation. Let us help you. Contact Onward Injury Law today to discuss the details of your injuries.
FAQ: Philips CPAP Lawsuit
Is Philips going to replace my CPAP device?
Yes. You should inform Philips of the defective device by registering your recalled unit on their recall website.
How serious is the Philips CPAP device recall?
The FDA has classified the Philips CPAP recall as a Class I recall, meaning the use of the product caused serious injury or death. The defective sound abatement foam used in the machines can degrade and release particles and toxins that users may swallow or inhale.
Do I qualify to join the Philips CPAP lawsuit?
You may have a case if you have experienced adverse health effects from using a recalled Philips CPAP machine. You must provide evidence of both and contact an experienced mass torts attorney to file your claim.
What is a CPAP machine?
A CPAP machine is a continuous positive airway pressure device used to treat sleep apnea. It provides constant pressurized air into your airways to keep them open during sleep. This makes it easier for patients with sleep apnea to breathe with minimal effort and improve sleep quality.
FAQ: Philips CPAP Lawsuit
Yes. You should inform Philips of the defective device by registering your recalled unit on their recall website.
The FDA has classified the Philips CPAP recall as a Class I recall, meaning the use of the product caused serious injury or death. The defective sound abatement foam used in the machines can degrade and release particles and toxins that users may swallow or inhale.
You may have a case if you have experienced adverse health effects from using a recalled Philips CPAP machine. You must provide evidence of both and contact an experienced mass torts attorney to file your claim.
A CPAP machine is a continuous positive airway pressure device used to treat sleep apnea. It provides constant pressurized air into your airways to keep them open during sleep. This makes it easier for patients with sleep apnea to breathe with minimal effort and improve sleep quality.