You will need to do a couple of things if your Philips CPAP machine is part of a national recall. Once you have gone through the steps to register your recalled device, you may wish to reach out to a mass tort attorney in LA.
They will walk you through the mass tort law procedure and explain your next possible steps if your case is eligible for compensation.
Why Is There a Philips CPAP Machine Recall?
CPAP machines help people with sleep apnea or other breathing conditions get a full night’s rest. In June 2021, the Food and Drug Administration (FDA) had Philips Respironics recall hundreds of CPAP, BiPAP, and ventilator devices. Philips CPAP issued the recall due to deteriorating PE-PUR foam in ventilators. As a result of deterioration, these defective ventilators exposed people to toxic particles.
Some recalled models of CPAP, BiPAP and ventilator devices include:
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation Go
- Trilogy 200
- Garbin Plus, Aeris, LifeVent
If you or a loved one has come into contact with a toxic substance and suffered health complications from a faulty CPAP machine, you can pursue compensation with help from a Los Angeles mass tort law attorney.
What to Do When a Product Is Under a Recall
Although Philips Respironics has offered to repair and replace several faulty CPAP machines that were sent into circulation, most do not know what to do when their device has been recalled. Below are the three most important steps you should take when a CPAP machine is recalled:
Stop Using Your Current Ventilating Device
If you realize that your CPAP model has been recalled, stop using it immediately. Speak to your doctor about switching to a different CPAP model and other techniques or treatments you can sue to alleviate or treat your conditions.
If you continue to use a recalled CPAP machine, it may adversely affect your health. Those with health problems associated with faulty CPAP machines report suffering from headaches, coughing, upper airway irritation, chest pressure, and sinus infections. In some cases, there have been links to liver and kidney disease, as well as some forms of cancer.
Find Your Device’s Serial Number
The FDA has published a list of the CPAP machine models that are under recall, you should still double-check your device in the Philip Respironics catalog. You can find where your recalled Philips CPAP serial number is by looking at the location instructions for each CPAP model.
Register Your Device if it’s a Recalled Model
Once you have your CPAP machine’s serial number, make sure to register it as a recall. You can do this by visiting the Philips Respironics website. Make sure to save your registration number. You will most likely need it later if you decide to file a mass torts claim in Los Angeles.
Filing a Mass Tort Claim in a Philips CPAP Machine Case
Once you have registered your recalled CPAP machine, consider speaking with a Los Angeles mass tort attorney. They will be able to help evaluate whether you may be eligible for financial compensation, as well as file a consolidated mass torts claim.
Often, plaintiffs file together even if they live in other parts of the country. This is to ensure that filing times are as efficient as possible. Otherwise, individual cases can linger in dockets, dragging out an already lengthy legal process.
Identifying Consistencies in Injuries
Although cases are separate, plaintiffs in mass tort cases must show the similarities between their injuries to show the strength of their claims. These similarities are essential for the consolidation of the claims. Mass tort lawyers in LA must use injury consistencies to build up a case against the defendant (which, in this case, would be Philips Respironics).
In fact, Los Angeles mass tort lawyers often look to bellwether cases to examine their structures. Bellwether trials are a common practice where a handful of cases are tried. The results of these cases can serve 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 few differences. The main difference is how the courts try cases for multiple plaintiffs. Overall, mass tort cases involve fewer plaintiffs than a class action lawsuit. In mass tort law, each case is also tried separately, despite plaintiffs filing a federal suit together.
While each plaintiff in a Los Angeles mass tort case will have to defend themselves separately from the other plaintiffs, it is still important that their case be structured in a similar way. Cases are structured similarly because a pattern of injury needs to be present to support everyone’s claims.
Class-action lawsuits, on the other hand, appoint a representative called a class representative, who files a lawsuit on everyone’s behalf. In a class action lawsuit, compensation for everyone depends on the results of only a handful of cases that go to trial.
Get a Free Consultation About a Philips CPAP Machine Recall Lawsuit
When the FDA announces a device recall, you should receive more than a product replacement. In the case of CPAP machines, many people suffered long-term exposure to toxic particles in their sleep because of deteriorating sound abatement foam.
If you or a loved one has a Philips CPAP machine that is under a recall, consider calling KJT Law Group for a free consultation. We can evaluate your case and determine whether you can pursue financial compensation from Philips Respironics. You can reach us today at (818) 507-8525 to get started.