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Should I Keep My Old CPAP Machine as Evidence?

Many people who believe they suffered injuries because of their recalled continuous positive airway pressure (CPAP) or bilevel positive airway pressure (BiPAP) machine are likely wondering: “Should I keep my old CPAP machine as evidence?” 

According to our Los Angeles mass tort attorneys, it is important to keep your recalled CPAP or BiPAP machine if you believe you suffered injuries or were put at risk for injuries. The machine could be key evidence in a case against the device manufacturer or another liable party.

What Should I Do If My CPAP or BiPAP Device Was Recalled? 

If you or a family member rely on a CPAP or BiPAP machine during the night or for other long periods, you should discuss your options with your doctor – especially if you believe that you may have symptoms stemming from the issues that led to the recall. Your doctor may recommend:  

  • Alternative therapies
  • Using a different machine
  • Taking other steps to prevent sleep apnea, such as weight loss
  • Surgery to treat nighttime breathing issues

If you or a loved one use any type of recalled machine or ventilator, you need to speak to your doctor immediately. These are life-sustaining machines, and you cannot stop using them without first being prescribed another device. There may be alternatives in some cases, or the benefits might outweigh the risks until there is a better option.

Once you have the tools you need to protect your health, connect with a Los Angeles mass tort lawyer from our team to learn more about your rights. You may be able to join multidistrict litigation already underway in this case.

Why Were These Devices Recalled?

According to the U.S. Food and Drug Administration (FDA), certain Philips Respironics CPAP, BiPAP, and ventilator machines were recalled in June 2021 because the foam used to make the machines operate more quietly can break down – allowing the user to inhale debris and exposing them to potentially carcinogenic chemicals. This foam is made of polyester-based polyurethane (PE-PUR). 

Users of the recalled machine could develop symptoms that include: 

  • Airway irritation
  • Asthma
  • Chest pain and pressure
  • Cough
  • Dizziness
  • Headache

Long-term concerns include organ damage and cancer.

What Machines Were Recalled?

In June 2021, Philips Respironics issued an initial recall that included many devices made between 2019 and 2021. The November 2021 updated list published by the FDA includes the following: 

  • E30 ventilator
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+
  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto
  • Trilogy 100
  • Trilogy 200
  • Trilogy Evo
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • A-Series BiPAP A40
  • A-Series BiPAP A3

What Is Happening With the CPAP Recall Lawsuits?

Our mass tort attorneys in LA are in the process of reviewing cases and helping people injured by these devices understand their legal options. We may be able to help you file a claim for compensation based on the injuries you suffered (or your possible future injuries), including medical expenses, pain and suffering, and more.

As of April 2022, the multidistrict litigation in this case is in its earliest stages. In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation, known as MDL 3014, is consolidated in the U.S. District Court, Western District of Pennsylvania.

Talk to a Mass Tort Lawyer in LA Now 

Call KJT Law Group today at (818) 507-8525 to speak with a mass tort attorney about the CPAP machine recall and your related injuries. We offer free consultations, so we can assess your case and explain your legal rights.

We Will Fight For You

Contact our firm to get started.
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