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CPAP Recall Lawyer

Do You Need to File a Philips CPAP Recall Lawsuit?

Millions of CPAPs, BiPAPs,  and Ventilators Recalled as Adverse Health Conditions Arise 

Chicago CPAP recall attorney Howard Ankin is currently reviewing cases involving defective breathing machines that could be making patients sick. A nationwide recall for various Bi-Level Positive Airway Pressure (BiPAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices was issued on June 14, 2021. Adverse health conditions, such as lung irritation, organ damage, and cancer, have been linked to these defective breathing devices. Investigations performed by the FDA reveal evidence that Philips Respironics was made aware of the dangers lurking within their devices and failed to warn consumers or take action.

If you’ve developed a serious health condition after using your CPAP machine, you may be entitled to compensation. Call a CPAP recall attorney at Ankin Law in Chicago to hold negligent manufacturers accountable for defective products. 312-600-0000.

In addition to directly causing serious illness, this recall puts vulnerable patients in a dangerous position. People who use the impacted breathing devices must decide whether to continue using the hazardous products or to abstain from treating breathing problems while a replacement device is pending. 

The FDA has recommended that patients consult with their doctors prior to making changes in their treatment plans. 

The agency is also working closely with manufacturers to ensure the safety of replacement products. 

CPAP Recall Attorneys Warn: Defective Breathing Machines May Be Exposing Consumers to Toxic Substances

Information from the initial recall notice issued in 2021 reveals that a polyester-based polyurethane (PE-PUR) foam used in breathing devices may break down into particles that enter into the device and, subsequently, the lungs of the user. Unapproved cleaning methods may exacerbate the breakdown. In addition to the release of  particulate, the PE-PUR foam may also release toxic gases. The substances released from this material are carcinogenic, leading to cancer, respiratory illnesses, and organ damage, among other health conditions.

Following the initial recall, the FDA issued a Class 1 recall of affected devices. This type of recall applies only to devices that cause serious injuries or wrongful death. While the company intends to replace the PE-PUR foam in recalled and future devices, hundreds of consumers have already reported adverse health conditions resulting from carcinogen exposure due to defective CPAP use. 

Defective CPAPs, BiPAPs, and Ventilators can cause the following conditions.

  • Lung, liver, kidney, and other cancers
  • Respiratory failure, lung damage, lung disease
  • Pulmonary fibrosis
  • Heart attack, heart failure
  • Stroke
  • Liver disease
  • Kidney disease

In addition to the above health conditions, victims of defective CPAPs may experience nausea or vomiting, inflammation, headaches, irritation, and asthma. If you used a CPAP, BiPAP, or in-home ventilator machine and developed these or other serious medical conditions, you have a right to recover compensation. The CPAP recall attorneys at Ankin Law in Chicago can help you hold negligent manufacturers accountable for your illness. Our team can help you file a product liability lawsuit to recover damages from the entities who contributed to the defective design, manufacture, and distribution of the affected machines. 

 CPAP Recall: Is Your Device Safe?

Millions of  BiPAPs, Ventilators, and CPAP machines manufactured before April 26,2021 are impacted by the Class 1 recall. The FDA identifies the following devices as potentially unsafe for consumers. The Philips CPAP machine models that have been recalled include:

Continuous Ventilator, Non-Life Supporting

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus In-Lab Titration Device

Non-continuous Ventilator

  • SystemOne Q series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE AutoCPAP

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • E30 (Under Emergency Use Authorization)

Continuous Ventilator

  • Trilogy 100Ventilator
  • Trilogy 200Ventilator
  • Garbin Plus, Aeris, LifeVent Ventilator

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • A-Series BiPAP V30 AutoVentilator

Though the PE-PUR foam is the source of the toxic chemicals, it is not recommended for consumers to remove this foam from their devices. Removal of the foam may cause additional particulates and toxins, exacerbating the dangers of the foam. In addition, foam removal may cause devices to work improperly, failing to properly treat breathing conditions.

If you developed adverse health conditions after using one of the above devices, contact  a CPAP recall lawyer online or call 312-600-0000 to find out if you can recover compensation. 

Should You File a Philips CPAP Recall Lawsuit?

Manufacturers have a duty to consumers to produce products that are reasonably safe. When they fail in that duty, they are responsible for the harm caused by their defective devices under the theory of strict liability, which may be able to be claimed regardless of whether the manufacturer was negligent, or through negligence. Victims of serious health conditions that are caused by defective CPAP machines can recover compensatory damages by filing a Philips CPAP lawsuit. Compensatory damages are intended to make a victim “whole” following an injury or illness. 

Damages recoverable in Philips CPAP lawsuits and other product liability lawsuits include:

Economic Damages

Economic damages, also referred to as “monetary losses,” are intended to compensate victims for money or property that they lost as a result of the injury or illness. In Philips CPAP recall lawsuits, economic damages typically include:

  • Medical Treatment Costs
  • Costs for Long-Term Care
  • Costs for Prescriptions or Medical Devices
  • Lost Wages
  • Lost Earning Capacity
  • Costs for Lifestyle Adjustments Resulting from Disability

Non-Economic Damages

Non-economic damages compensate injured victims for the non-monetary impacts of an injury or illness. These types of damages are harder to quantify. Also referred to as “general” or “non-monetary” damages in a Philips CPAP lawsuit, non-economic damages usually include:

  • Pain and Suffering
  • Loss of Enjoyment of Life
  • Mental Anguish
  • Loss of Consortium

Punitive Damages

In cases where the liable party practiced gross negligence, or their actions were particularly egregious, punitive damages may also be recovered in addition to compensatory damages. Punitive damages are intended to punish the liable party for his or her actions. They are also designed to prevent the same type of behavior in the future.

Philips CPAP recall lawsuits for defective breathing devices can be brought against the manufacturer and, in some cases, other parties within the distribution chain. To file a Philips CPAP lawsuit, injured victims and their representing CPAP attorneys must prove that the breathing  machine in question was defective and injuries or illness resulted from use of the product in its defective state. 

Actionable Defects in Product Liability Lawsuits

Dangerous product defects exist when a product is made unsafe to use for its intended purpose by an imperfection. The dangerous imperfection violates the degree of safety that a consumer can rightfully expect from the product. In product liability cases, defects fall under three categories: design, manufacturing, and marketing. 

Design Defects

Design defects render a product unsafe when the product is manufactured to the specifications of the design. For a product to have a design defect, the risk must have been foreseeable upon manufacturing the device as intended. In some cases, a claimant must show that the design defect was reasonably avoidable. This implies the presence of an alternative design that is:

  • Feasible – The alternative product design must be able to be produced from a physical and economic standpoint.
  • Aligned with the intended purpose of the device – The product, as manufactured by the alternative design, still performs its intended function.  

Manufacturing Defects

Manufacturing defects occur when a product is not produced in alignment with the intended design, usually by error, and it causes the product to become hazardous. This could include the improper securing of materials or using the incorrect material or product. It could also include the contamination of a product

Marketing Defects

Marketing defects in product liability lawsuits typically manifest as a failure to warn or the provision of inadequate instructions. A failure to warn means the manufacturer knew or reasonably should have known about the potential risk for injury or illness, but failed to communicate that knowledge to the consumer. 

Defects Identified in Philips CPAP Recall Lawsuits

In Philips recall lawsuits, victims generally have a design or marketing claim. A CPAP recall attorney at Ankin Law can help you determine your path to recovery. 

Phillips CPAP Design Defect 

The polyester-based polyurethane (PE-PUR) foam, or the hazardous material causing illness to consumers, was an intended part of the product design. The use of the foam, which breaks down over time and enters the victim’s respiratory system, presents an immediate danger that is evident in the intended design. The foam causes CPAPs, BiPAPs, and ventilators to become dangerous when used and manufactured as specified, therefore a design defect is present.

Philips CPAP Marketing Defect

In addition to a faulty design, a marketing defect may be present in Philips recall claims. If Philips Respironics knew about, or reasonably should have known about, the potential for injuries resulting from the PE-PUR foam breakdown, then they failed to notify the public. Evidence uncovered by the FDA suggest that the manufacturer likely had knowledge of the degradation of the foam and its potential side effects.

Did Philips Know About the Dangers Their CPAP Machines Posed?

Following the voluntary recall as initiated by the manufacturer, the FDA launched an investigation into the defective breathing devices. Fourteen tests and assessments dating as far back as 2016 reveal evidence of concerns surrounding the degradation of the PE-PUR foam. Internal emails reveal evidence that the manufacturer was aware of the defect, and understood the potential for harm. The company opted not to replace the faulty foam. Internal tests show that inspectors may have identified and reported the foam degradation in 2018, but the design remained unchanged.  External emails from the foam supplier, dating back to 2015, also reveal that the company may have been informed of the problem.

In addition to internal findings, Philips has received more than 220,000 complaints since 2008 with keywords such as “foam, particles, airway, and debris.” At least 110 of these complaints have been directly linked to issues with the hazardous foam degradation. In spite of internal findings and external complaints, Philips Respironics neglected to perform a recall until 2021. 

In light of the recall and product failures, the FDA is working with Philips to investigate manufacturing practices and enforce the safety standards of replacement devices moving forward. The FDA has recently ordered additional testing for replacement CPAP, BiPAP and ventilator devices, as the silicone foam replacement has shown signs of similar toxic exposure in products manufactured outside the U.S. 

Why Hire a CPAP Attorney at Ankin Law to Handle Your Case?

Large corporations like Philips Respironics often employ teams of experienced attorneys to represent the best interests of their companies and protect their bottom lines. As a result, navigating the legal system and recovering damages for injuries caused by defective breathing devices can be difficult without the help of an experienced CPAP attorney. While it is easy to lose direction in the sea of personal injury lawyers that represent CPAP machine victims in Chicago, however, all CPAP recall lawyers are not able to provide you with the resources and advantages you need to win your case. 

When you hire a Philips CPAP attorney at Ankin Law, you will benefit from:

  • FREE Consultations: Our CPAP recall attorneys offer free consultations with no obligation to you. When you contact us for your case evaluation, you can find out about your legal rights, the options that are available to you, and how to take action for the injuries your defective CPAP machine caused.
  • No Up-Front Fees: The CPAP attorneys at Ankin Law understand the financial burdens that accompany severe illnesses and injuries. We want to make sure you have access to the legal representation and medical care you need to recover. As a result, we will take your case with no up-front fees. You don’t pay unless we win your case. 
  • Decades of Experience Handling Similar Cases: Our law firm has a track record of success in handling defective and dangerous products cases similar to yours. We offer the experience and skill of over 20 attorneys and more than 70 support staff fighting to help you win compensation for your losses.
  • Personalized Legal Representation: At Ankin Law, you are never just another injury case. We take your defective CPAP machine injuries personally. When you work with our CPAP recall law firm, you can trust you will receive continuous communication, first-class service and superior results.

Frequently Asked Questions About Philips CPAP Lawsuits

How do I know if I qualify for compensation from a defective Philips CPAP lawsuit?

Any individual who experienced adverse health conditions, such as respiratory illness, cancer, or other organ damage, after use of a recalled Philips CPAP, BiPAP, or ventilator is eligible to pursue damages against the manufacturer. To recover damages, a victim and his or her CPAP attorney must show:

  • He or she used a Philips CPAP machine, Philips BiPAP, or another qualifying Philips ventilator
  • A doctor diagnosed his or her condition accurately
  • He or she is not currently or previously a smoker

A product liability lawyer can help claimants determine whether they qualify for compensation from a Philips CPAP recall lawsuit. 

Are Philips CPAP lawsuits a form of class action lawsuit?

Philips CPAP recall lawsuits filed with our CPAP recall attorneys are not class action lawsuits. In a class action lawsuit, claimants generally receive a payout that is a portion of the collective damages awarded. A Philips CPAP lawsuit focuses on individual compensatory damages, making victims “whole” again. Due to the range of impact from the defective devices, cases may be combined with others in what is known as Multi-District Litigation (MDL). Though cases will be consolidated, each claim is treated individually and compensation is awarded based on the degree of suffering the singular victim endured.

How much is my Philips CPAP injury case worth?

Depending on an individual’s case, a CPAP attorney may be able to help the victim recover hundreds of thousands in damages. Damages recoverable include costs for medical treatment, costs for long term care, prescription and medical device costs, pain and suffering, lost wages, and future lost earning capacity (when applicable), among others. Additional factors that determine the value of a Philips CPAP claim include age of the claimant, his or her prior medical history and illness, and the duration of the use of the machine. 

How much time do I have to file my Philips CPAP lawsuit?

A statute of limitations exists for product liability claims. For Philips Respironics CPAP recall claimants, the statute of limitations begins on the date of the initial recall, June 14,2021, and can range from 1 to 6 years. Contacting a CPAP recall attorney as soon as possible will help ensure that victims fall within the allotted timeframe.

What illnesses have been linked to Philips CPAP machines?

Inhaling toxic chemicals from defective CPAP machines is linked to a variety of illnesses that target internal organs and the respiratory system. These include kidney disease and damage, liver disease and damage, pleural effusion, chemical poisoning, Reactive Airway Disease, Acute Respiratory Distress Syndrome, and several cancers affecting the brain, bladder, breast tissue, prostate, lungs, and liver. In addition, leukemia, hematopoietic cancer, multiple myeloma, Non-Hodgkin’s lymphoma, lymphatic cancer, and other cancers are linked to defective CPAP, BiPAP, and ventilator use. 

Are the replacement Philips CPAP devices safe?

The FDA has called for additional testing on replacement devices manufactured with an alternative to the PE-PUR foam. Concerns surrounding the possibility of similar toxin releases from the replacement insulation are being investigated. Certain machines have already been recalled and replaced, and further replacements are expected to be completed within 12 months. 

Do I need to file a lawsuit for my defective CPAP?

The inhalation of the dangerous chemicals released in defective breathing devices can have lifelong impacts on victims. Depending on the severity of the illness, victims may face lifelong treatment or may require expensive initial medical care. Chronic illnesses place heavy financial burden on victims. Recovering costs for medical treatment can help prevent additional financial strain on victims and their families. In cases where a manufacturer practiced gross negligence, product liability lawsuits help to hold big businesses accountable for the injuries or illnesses they cause. 

Should I stop using my Philips CPAP?

The FDA recommends that patients not stop using their devices until they have discussed the matter with their health care provider. Abruptly discontinuing the use of your Philips CPAP, BiPAP, or at-home ventilator may pose a significant risk to your health. 

What do I do if my CPAP is recalled?

Patients are advised to review all information regarding the Philips CPAP recall. You should register your affected device so Philips can contact you regarding updated information as it becomes available. You can also call 1-877-907-7508 to register your equipment. 

Will Medicare replace my recalled CPAP machine?

The supplier you obtained the CPAP machine from is responsible for replacing or repairing the equipment at no cost to you if the device is less than 5 years old. If the CPAP machine is over 5 years old, Medicare will help you pay for a replacement

How do I know if my Philips CPAP is recalled?

You can check to see if your Philips CPAP machine is affected by the recall by:

  • Locating the serial number on the bottom of your device, and
  • Registering your device on the Philips Respironics Recall Website, and 
  • Waiting for confirmation. 

If your device was not affected, you will see a message on your screen notifying you that your machine was not part of the recall. If your CPAP machine was part of the recall, however, you will receive a confirmation number and information about how to proceed.

Were You Injured by a Dangerous Product?

Our CPAP Recall Attorneys Handle A Wide Range of Defective Products Cases. Some common lawsuits involve defective vehicle parts that cause motor vehicle accidents, dangerous toys and defective children’s products, testosterone replacement therapy, talcum powder and other personal hygiene products, faulty machinery, defective tools, and unsafe food products

If you were injured or your loved one died after using a defective CPAP, BiPAP, or in-home ventilator machine, call 312-600-0000. Consultations are FREE and you don’t pay until we win your case.