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Can I Get My Recalled CPAP Machine Replaced?

In June 2021, Philips Respironics recalled several CPAP machines and other ventilator devices. While you can get your recalled CPAP machine replaced, consider speaking to an LA mass tort attorney if you’ve recently experienced any adverse health conditions. They can help you understand your legal options.

If your health challenges are linked to a recalled CPAP machine, you deserve much more than a simple device replacement.

Why Philips CPAP Machines Were Recalled

Philips CPAP machines were recalled due to deteriorating PE-PUR foam within the devices. The sound abatement foam was used to lessen the loud sounds created by the CPAP machines while in use. Unfortunately, hundreds of thousands of people inhaled toxic particles present in the PE-PUR foam, which leaked into the machines’ pathways as it broke down and degraded.

According to Philips Respironics, about 250,000 of the 750,000 faulty kits they created found their way into people’s homes. However, in such a large-scale disaster, it’s likely that the numbers are much higher. Since the FDA only recalled Philips CPAP machines in June 2021, the full extent of the damage sown by these machines is still unknown.

Many who used faulty CPAP machines over an extended period reported feeling headaches, coughing, upper airway irritation, chest pressure, and sinus infection. In some cases, these side effects led to asthma and kidney and liver problems. In the most severe cases, there are links to cancer due to CPAP foam exposure.

Should You Get a Philips CPAP Machine Replacement?

In an effort to make things right, Philips Respironics launched a repair and replacement program for first-generation Dream Station devices in the U.S. While you can get your CPAP machine replaced or repaired, working with our LA mass tort attorney to receive financial compensation is another option available to you.

Even if you’re experiencing only mild health problems, these can quickly escalate as time goes on. Rather than settling for a machine repair, it’s best to think long-term so that you can protect yourself no matter the scenario.

Working With an LA Mass Tort Attorney

If you suspect that your recent health concerns are somehow possibly linked to the use of a Philips CPAP machine, an LA mass tort lawyer can assess whether you have a chance of receiving compensatory damages.

While not all personal injury claims need a lawyer to be filed, mass tort cases are particularly complex and include hundreds, if not thousands, of plaintiffs. There also needs to be a certain level of synchronicity to the injuries recorded as well as case structures, which is why running the facts of your case by an LA mass tort attorney can be particularly beneficial.

With their mass tort law experience, they’ll be able to walk you through the process so that you know what to expect if you decide to pursue damages.

Filing a Consolidated Mass Tort Claim for Recalled CPAP Machines

When dealing with a mass tort case, you must keep some things in mind before filing. First, it’s likely that all cases that are a part of the mass tort case will have to be filed at the same time. This is called a consolidated mass torts claim.

Often, plaintiffs file together even if they live in other parts of the country. This is to prevent dragging a mass torts case out longer than needed. When individuals file their claims separately, it takes much more time to process all the claims associated with the defendant (in this case, Philips Respironics).

Identifying Consistencies in Injuries

Even though mass tort cases are tried separately, each case must follow a general pattern. That’s because it’s important for LA mass tort attorneys to use injury consistencies to help them build up the credibility of their client’s case.

In fact, mass tort lawyers often look to bellwether cases to see how those cases are structured. Bellwether trials are a common practice where a handful of cases are tried. The outcomes of these cases usually end up serving as templates for the results of other cases filed in the consolidated mass torts claim. 

Class Action Lawsuits vs. Mass Tort Claims

Mass tort law and class action law have a couple of differences between them. The main difference is how the cases are tried for multiple plaintiffs. Overall, mass tort cases involve fewer plaintiffs than a class action. In mass tort law, each case is also tried separately despite plaintiffs jointly filing a federal suit.

While each plaintiff in an LA mass tort case will have to defend themselves separately from the other plaintiffs, it’s still important that their case be similarly structured. Cases are structured in a similar way because a pattern of injury needs to be present to back every plaintiff’s claims. 

Class action lawsuits, on the other hand, appoint a representative called a class representative, who files a lawsuit on everyone’s behalf. Generally, there are also more plaintiffs involved in a class action lawsuit than in a mass torts case. In a class action lawsuit, compensation for everyone depends on the results of only a handful of cases that are tried.

Get a Free Consultation About Your Recalled Philips CPAP Machine Case

If you or a loved one has a Philips CPAP machine that’s under recall, consider reaching out to KJT Law Group for a free consultation. We can evaluate your case and determine if you can exact financial compensation from Philips Respironics. While it can be intimidating to bring a claim forward against such a large company, you are not alone.   

Remember that mass tort claims are filed in consolidation. While your case will be tried separately, many other people share similar experiences with Philip CPAP machines who are trying to make sense of what happened to their health. While you work on your recovery, our Los Angeles mass tort attorneys will examine your case to find the most effective legal solution for you. Call KJT Law Group today at (818) 507-8525 for a free case evaluation.

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