Across America, people with sleep apnea rely on continuous positive airway pressure (CPAP) machines to help them sleep better. According to the National Institutes of Health (NIH), CPAP machines use mild air pressure to keep the airway open while the user sleeps. People use a CPAP machine to improve their sleep quality, prevent or reduce snoring, and feel less sleepy during the day.
On June 30, 2021, Philips Respironics, which manufactures many CPAP models, voluntarily recalled several of its medical devices, including CPAP and bilevel positive airway pressure (BiPAP) machines and continuous ventilators. These products can result in serious injuries which may be life-threatening, cause permanent impairment, or require medical intervention to preclude permanent impairment. Since then, the Food and Drug Administration (FDA) has taken further action to prevent the unreasonable risk of harm these products pose.
List of Recalled Philips CPAP Machines
Because these devices may cause serious injury or death, Philips Respironics has recalled all serial numbers of these devices made between 2009 and April 26, 2021:
- A-Series BiPAP A30
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- C-Series ASV (ventilator)
- C-Series S/T and AVAPS
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
Philips Respironics has also recalled certain Trilogy Evo Ventilators that were manufactured between April 15, 2021, and May 24, 2021. The FDA maintains a database showing which serial numbers were affected.
Why Did Philips Recall Its CPAP Machines?
Philips Respironics voluntarily recalled its CPAP machines and other respiration devices because of their potentially harmful health effects. The recalled models use polyester-based polyurethane (PE-PUR) foam to dampen sound and vibrations. This foam may break down into small, black pieces and may also off-gas certain chemicals. Hot, humid climates can worsen this problem, as can cleaning the machine with ozone cleaners, UV lights, or other unapproved methods.
Users may swallow or inhale these particles and gases and sustain potentially life-threatening injuries. CPAP users have reported various health problems they experienced after using a Philips CPAP machine. Scientists have substantiated some of these injuries, while others require more investigation.
Health Risks of Inhaling Foam Particles
People who inhale pieces of degraded PE-PUR foam may experience:
- Irritation to the skin, eyes, and respiratory tract
- Inflammatory response, which may include redness, pain, and swelling
- Toxic effects to organs, such as the liver and kidneys
- Cancer of organs, such as the liver and kidneys
Health Risks of Inhaling Gases the Machines’ Foam Emits
People who inhale gases emitted by the foam in Philips CPAP machines may experience:
- Irritation to the skin, eyes, respiratory tract, and skin
- Hypersensitivity, such as an allergic or immune reaction
- Toxic effects
Other Reported Side Effects of Philips CPAP Machines
Philips CPAP machine users have reported other negative health effects these devices cause. The following complaints have been reported, but research has not yet shown a link between these issues and the CPAP device:
- Upper airway irritation
- Chest pressure
- Sinus infection
When Did Philips Recall Its CPAP Machines?
Philips Respironics first issued a voluntary recall in June 2021. However, at least one investigation by CBS Boston alleges the company knew the CPAP machines could cause health problems for years before alerting customers.
In March 2022, the FDA ordered Philips Respironics to tell patients about the recall affecting its CPAP devices, BiPAP devices, and other ventilators. The FDA stated this notification order was necessary because the company had not made enough efforts to tell patients about how the devices could harm the public’s health.
What Should I Do if I Use a Philips CPAP Machine?
Talk to your doctor if you use a Philips CPAP machine that has been recalled. Your doctor, who is familiar with your medical history, can help you decide what to do next. They may recommend that you:
- Continue using the Philips CPAP device. The health risks of sleeping without a CPAP machine may be greater than the health risks the device poses.
- Stop using the Philips CPAP device. Your doctor may recommend another CPAP machine or alternative strategies for treating sleep apnea.
- Register your device here: Home | Philips Recall (expertinquiry.com). Philips will notify you of its remediation efforts, which may include repairing or replacing your CPAP machine.
Damages Available in a Philips CPAP Lawsuit
If you sustained injuries like those listed above after using a Philips CPAP machine, you may be entitled to financial compensation known as damages. Your damages may compensate you for tangible losses, such as medical bills, and intangible losses, such as reduced quality of life. You may be able to recover damages for:
- Medical care and future medical care
- Past and future lost income
- Pain and suffering for physical and emotional trauma
Our Los Angeles mass tort lawyer will gather evidence related to your injuries. We will use your medical records, expert medical testimony, interviews with you and your family, and more to estimate how much compensation your case is worth. Each case is different, but in general, cases with more severe injuries are worth more.
You May Be Able to Join a Philips CPAP Mass Tort Lawsuit
You may be able to file an individual lawsuit against Philips Respironics and join a Philips CPAP mass tort lawsuit, as well. A mass tort lawsuit groups together multiple individual lawsuits in which the complainants have similar but not identical complaints. In this case, each member of the lawsuit has been injured by a Philips CPAP machine, but the injuries may vary from person to person.
Although a mass tort lawsuit combines many individual lawsuits for efficiency, members of the lawsuit retain their individual legal rights. Each case is treated separately in terms of establishing injuries and causation, and awards are based on the harm suffered by each person. Our mass tort lawyer in LA can help you decide which legal strategy works best for your situation.
Legal Deadlines in a Los Angeles Injury Case
If you were injured by your Philips CPAP Machine, you must take prompt legal action to preserve your rights. According to CCP § 335.1, you have two years from the date you were injured by a defective medical product to sue the manufacturer. The health effects your Philips CPAP machine produces may take time to become noticeable. In some cases, you have two years from the date you became aware of your injuries to sue.
Our mass tort attorney in LA will take in the details of your case, examine your medical records, and figure out how the state’s statute of limitations applies to you. We will make sure you file your lawsuit against Philips Respironics before time runs out.
KJT Law Group Is Ready to Represent You
If you suffer from health problems your defective Philips CPAP machine caused, you may be entitled to damages for medical expenses, pain and suffering, and more. Our Los Angeles mass tort attorney may be able to help you recover damages for these losses and more.
Call KJT Law Group for a free case consultation at (818)507-8525. Because we work on contingency, we take no payment unless we win your case. Call now.