Philips CPAP And BiPAP Lawsuits
Lawsuit Overview
Patients across the country have filed Philips CPAP lawsuits after they suffered adverse effects from using Philips CPAP and BiPAP sleep apnea machines or mechanical ventilators. These conditions include certain cancers, respiratory diseases and other injuries. If you believe your injury was a result of using a recalled Philips device, you may be able to seek compensation. Speak to an experienced CPAP lawsuit lawyer today about your situation.
Call Grant & Eisenhofer today at (888) 984-7988 for a free and confidential consultation and evaluation of your case.
What is CPAP or BiPAP?
For many years, consumers have been using positive airway pressure (CPAP) and BiLevel positive airway pressure (BiPAP) machines to help manage the effects of obstructive sleep apnea. Sleep apnea is a sleep disorder and common medical condition estimated to affect 22 million Americans. For those who have a sleep apnea diagnosis, these devices have provided much-needed treatment as they deliver continuous positive airway pressure to keep the lungs and airway open. This enhances breathing and the quality of sleep, aiming to reduce the health risks associated with poor sleep.
Unfortunately, some CPAP machines, such as certain devices manufactured by Philips, used a substance called polyester-based polyurethane foam (PE-PUR) to reduce noise when the machine is in use. Over time the PE-PUR foam deteriorates and may release toxic chemicals into the patient’s airways. These chemicals may lead to a wide range of health issues, including multiple forms of cancer.
Potential Long-Term Side Effects of Using Philips CPAP Machines
Did your doctor prescribe you a CPAP machine? Have you used a Philips CPAP machine made between 2009 and 2021? If so, you may suffer long-term side effects that could be caused by this CPAP machine. Injured patients from across the country have filed CPAP lawsuits alleging long-term side effects from use of certain machines.
If you used a recalled Philips CPAP machine, you may have experienced side effects that could signal serious health conditions. Some of those include:
- Airway inflammation
- Serious irritation of the eyes, nose and respiratory tract
- Asthma
- Respiratory system issues and infections
- Carcinogenic effects
It is important to speak to your health care provider immediately if you develop any of these side effects. You may be at higher risk for developing certain cancers or other conditions because of your CPAP use.
You may also consider what your options are if your machine was recalled. Can you file a lawsuit for any injuries that you developed after long-term CPAP machine use? Call our law firm to schedule a free confidential consultation. Our experienced attorneys are investigating Philips CPAP and BiPAP lawsuit claims.
Philips Sleep Apnea Machine Recalls
Philips Respironics is a leading maker of CPAP and BiPAP machines. In recent years, Philips has come under scrutiny after reports indicated that the PE-PUR foam used in the machines to reduce noise degrades over time. This degradation may cause carcinogenic foam particles and gasses to become inhaled or ingested, which may lead to a variety of deadly cancers or other adverse health issues.
In June 2021, Philips recalled several million CPAP and BiPAP machines, as well as mechanical ventilators made between 2009 and 2021. The FDA has classified this recall as Class I, the most serious type of recall. The use of these devices may lead to serious injury or death. Lawsuits allege that as patients used these machines, they breathed in these deadly particles and gasses, which led to plaintiffs’ health problems.
Understanding the Philips CPAP Lawsuits
Individual lawsuits concerning the following Philips machines have been centralized into a multi-district litigation (MDL). The MDL is before one judge in the Western District of Pennsylvania
- Philips CPAP machines
- Philips BiPAP machines
- Philips mechanical ventilators
Did you use a recalled Philips sleep apnea machine or ventilator and have experienced any of the adverse health conditions listed above? You may be able to participate in the litigation.
CPAP lawsuits address the potentially dangerous and deadly side effects alleged to be caused by malfunctions in Philips ventilators and Philips sleep apnea machines. Plaintiffs claim that Philips knew of the health risks associated with PE-PUR foam but did not warn consumers.
If you have used one of these devices and have since suffered from side effects, it is important to contact a lawyer immediately.
Do you have questions about these lawsuits? Please do not hesitate to contact us. We will be happy to answer your questions and help you determine if you are eligible to file a claim.
Frequently Asked Questions
Several Philips CPAP machines and other sleep apnea machines have been recalled due to potential health risks associated with the use of these devices. Philips Respironics issued voluntary recalls in 2021 for select CPAP and BiPAP machines.
There are a number of recalled Philips CPAP, BiPAP, and mechanical ventilators related to the Philips CPAP lawsuits. To see the full list of devices recalled by Philips, see our recall update.
The use of CPAP machines, when prescribed by a doctor to treat sleep apnea, may reduce the risk of certain health problems. However, the recalled Philips CPAP and BiPAP machines contain a potentially dangerous PE-PUR sound abatement foam. This foam helps to reduce the noise of the machine to allow users and their partners to get a better night’s sleep.
The potential cancer risk from using a Philips CPAP machine stems from the PE-PUR foam. This type of foam can degrade and break down over time. Users may then breathe or ingest carcinogenic toxins, such as isocyanates. Over time, these toxins may lead to a variety of health issues, including:
- Airway inflammation or irritation
- Headaches and dizziness
- Nausea and vomiting
And certain cancers, including:
- Bladder cancer
- Hematopoietic cancer
- Kidney cancer
- Leukemia
- Liver cancer
- Lung cancer
- Lymphatic cancer
- Multiple myeloma
- Nasal cancer
- Non-Hodgkin lymphoma
- Stomach cancer
- Throat cancer
- Thyroid cancer
When PE-PUR foam begins to break down, the chemicals and particles released may cause serious health issues. According to the FDA, these toxins can result in serious injury, which can be life-threatening.
Some of the toxins found in degraded Philips CPAP machine foam may include:
- Toluene diamine
- Toluene diisocyanate
- Diethylene glycol
- Volatile Organic Compounds (VOCs) emitted as gasses
Because of these toxins and potential associated risks, the FDA and Philips Respironics recalled many of their CPAP and BiPAP machines, as well as ventilators made between 2009 and April 26, 2021.
A multi-district litigation (MDL) is a legal process in the United States where similar civil cases pending in different federal district courts are consolidated into a single district court for pretrial proceedings. This process is used to improve efficiency and avoid inconsistent rulings in cases with a large number of plaintiffs making similar claims against one or more defendants.
As of March 2023, more than 400 Philips CPAP lawsuits have been consolidated into an MDL in the Western District of Pennsylvania.
An MDL is typically used in cases involving complex and costly product liability litigation. The decision to transfer a case to an MDL is made by a panel of federal judges appointed by the Chief Justice of the United States Supreme Court. The panel considers several factors, including the number of cases, the similarity of legal issues, and the convenience of parties and witnesses. Once a case is transferred to an MDL, it is assigned to a judge who oversees the pretrial proceedings and manages settlement negotiations.
MDLs are not to be confused with class actions. There are significant differences between MDLs and class action lawsuits. Namely, that each plaintiff in an MDL has their own lawsuit against the defendant, rather than being considered a class member in a class action lawsuit.
A bellwether trial is a type of trial used in multi-district litigation (MDL) to test the strength of the arguments and evidence of each side, and to provide guidance for the potential settlement or resolution of many similar cases.
In an MDL involving many plaintiffs with similar claims, it may be impractical and inefficient to try each case individually. Bellwether trials are used to select a small number of representative cases that are likely to be the most indicative of the broader pattern of facts and legal issues in the MDL.
If the outcome of the bellwether trials is favorable to one side, it can encourage that side to seek a settlement. On the other hand, if the outcome is unfavorable, it can encourage both sides to consider settling their cases, as it may indicate a weakness in their arguments or evidence.
With the CPAP lawsuits, and with multi-district litigation (MDL) in general, it is important to keep in mind that legal proceedings can be complex and take time to fully resolve. Some lawsuits may resolve through settlement relatively quickly, while others may take several years or more to resolve. The length of time that it takes to resolve a lawsuit can vary widely depending on a number of factors, including:
- Complexity of the case
- Willingness of the parties to negotiate a settlement
Can You File a CPAP Lawsuit? Call for a Free Consultation.
Our experienced attorneys are investigating Philips CPAP and BiPAP lawsuit claims. It’s not too late to investigate your potential claim.
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