It is difficult to determine how much a Philips CPAP machine lawsuit is worth because each case is different, so settlement amounts will likely vary. Also, while case awards could range in the hundreds of thousands of dollars, it is unknown how much injured CPAP machine users could recover since no settlements or court-ordered awards have been issued yet. All developments are in the early stages.
If you or a loved one has suffered exposure to a toxic substance and health complications from using a faulty Philips Respironics (Philips) CPAP machine, you may be eligible for compensation. A mass tort law attorney in Los Angeles can counsel and guide you through the litigation process.
Philips Respironics Recalled Its CPAP Machines in 2021
In June 2021, Philips recalled hundreds of CPAP, BiPAP, and ventilator devices. The company issued the recall due to its line of ventilator devices containing deteriorating PE-PUR foam. As a result, people inhaled the broken-down foam, which exposed them to toxic particles.
It is important to remember that the Food and Drug Administration (FDA) began reviewing medical devices for federal approval in 1976. Because of this, it is now common for many mass torts claims to be about faulty medical devices, such as Philips CPAP machines.
Health Consequences of Faulty CPAP Machines
To get a better idea of how much compensation you can exact with a mass tort claim for being exposed to a faulty CPAP machine, you first need to understand the extent of the damage the product caused.
Although the FDA officially announced in June 2021 that faulty CPAP machines were unsafe to use, the damage had already been done for many people. The degrading PE-PUR foam within the CPAP machines released toxic black particles throughout the machines’ pathways. Thousands of people inhaled this foam unknowingly and later began reporting serious side effects after doing so.
Some of the most common ailments reported were:
- Upper airway irritation
- Chest pressure
- Sinus infection
In some cases, these side effects led to asthma and kidney and liver problems as well.
How Much Compensation Are You Eligible for in a Philips CPAP Machine Lawsuit?
If you have suffered serious health consequences because you used a faulty Philips CPAP machine, then you may be eligible to receive hefty compensation. In the past, KJT Law Group has managed to secure the following compensation for clients who suffered a personal injury:
- $3,000,000 – Recovered for a semi-truck driver who was struck by another semi-truck resulting in multiple surgeries.
- $2,500,000 – Recovered for an elderly client who was injured after being left unattended in a wheelchair.
- $750,000 – Recovered for a client that suffered back injuries requiring surgery because of a rear-end accident.
While Los Angeles mass tort cases are handled differently from individual personal injury cases, negligence is still the reason the plaintiff brings a claim forward.
How Mass Tort Settlements Generally Work
Like any personal injury case, mass tort settlements follow certain procedures. For starters, a Los Angeles mass tort lawyer must review records. They will also have to identify injury consistencies that can help tell the story of how their clients developed a health condition.
Dealing with a mass tort law case means every single plaintiff must defend their case. Because of this, a Los Angeles mass tort lawyer is going to have to thoroughly review all the facts of a case.
Reviewing Records in a Mass Tort Case
To determine if you have a viable case, your LA mass tort lawyer will have to review several records, including your medical history. With a proper review of your medical records, your lawyer will be able to tell your story in court.
An attorney who has the timeline of your case can determine and show how your injuries developed and could pinpoint what caused them. Naturally, this means being able to trace events back to the source of the injury, which is what personal injury claims are all about.
Identifying Injury Consistencies in Bellwether Cases
While mass tort cases are tried separately, they must be structured similarly to other plaintiffs’ cases. This is because of bellwether trials, a common practice where a handful of cases are tried. The results of these cases can then be used as templates for results in other cases that are similar.
This is why injury consistencies are important to Los Angeles mass tort lawyers. They need to build a case against the defendant using another case that matches what was presented in the bellwether trials. If not, the attorney may risk losing the right to compensation for their client.
However, this is exactly why mass tort lawyers categorize their client cases according to what was presented in the bellwether trials.
Consolidated Mass Torts Claim
Another key point to be made when talking about Los Angeles mass tort cases is that plaintiffs file them in federal court. Even if plaintiffs live in other parts of the country, most tend to file together. This mass filing is known as a consolidated mass torts claim.
Consolidated cases settle faster because court dockets will not be backed up with individual cases. To be clear, each plaintiff in the mass torts case must defend their case separately, but that does not stop them from speeding up their settlement process by filing as a group.
A mass tort attorney in Los Angeles with our law firm is familiar with the legal structuring of such cases. They can review the facts of the case and observe the bellwether cases to craft a legal strategy that best fits your needs.
How Long Do Mass Tort Settlements Take?
The final phase of a mass tort case is a settlement. While most of these cases do settle, it can take months or even years to reach this outcome. Because trials can get expensive, it is common for parties to settle outside of court.
Still, if, for some reason, you find yourself having to bring your claim before a judge, then the LA mass tort attorneys at KJT Law Group will proudly represent you at trial. There is no need to take on everything yourself after you have experienced debilitating health consequences due to the toxic exposure you experienced while using a CPAP machine.
Mass Tort Law vs. Class Action Lawsuit
Working with a Los Angeles mass tort lawyer is quite different from working with a class action lawyer. The main difference between mass tort law and class-action law is the level of control that a plaintiff has over their case.
Generally, mass tort cases involve fewer plaintiffs than a class action lawsuit. Mass tort cases also treat each plaintiff as an individual. In a class-action lawsuit, the number of plaintiffs is much larger, and a representative is appointed to file a lawsuit on everyone’s behalf.
Mass tort, on the other hand, requires that every single plaintiff prove their case. However, plaintiffs must structure their cases in an equivalent manner to show a consistent pattern of injury among plaintiffs.
Call Us for a Free Consultation About a Philips CPAP Machine Lawsuit
KJT Law Group has trial experience representing Philips CPAP mass tort clients in LA. We understand that time is of the essence as you look to rebuild your life after such a traumatic experience. It is stressful enough to have to worry about all the income you will not be able to collect due to the pause that toxic exposure from a CPAP machine can put on your life.
While it can be intimidating to bring a claim forward, you are not alone. We can help you understand how mass torts cases work and how much the Philips CPAP machine lawsuit could be worth in your specific case. While you work on your recovery, our mass tort attorneys in Los Angeles will find the most effective legal solution for you. Contact us today at (818) 507-8525 for a free case evaluation.