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Who Qualifies to File a Philips CPAP Lawsuit?

If you or a loved one suffered injury as the result of using a Philips Respironics ventilator, bilevel positive airway pressure (BiPAP) machine, or continuous positive airway pressure (CPAP) machine, you may be able to file a lawsuit against Philips for financial compensation that could help you cover your losses, such as your medical bills, injury-related expenses, and pain and suffering.

Our lawyer can explain your legal rights and help you seek compensation.

Philips Respironics Has Recalled Several Models of Its CPAP Machines

In June 2021, Philips Respironics (Philips) recalled the following products after concluding they posed a risk to health and safety:

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

About 15 million units were involved in the recall. The Food and Drug Administration (FDA) has identified this as a Class I Recall–the most serious type of recall–and has warned that using the recalled CPAP machines may result in serious injury or death.

Philips CPAP Machines May Have Caused Users to Inhale Toxic Particles and Gases

The recalled Philips CPAP machines use polyester-based polyurethane (PE-PUR) foam to reduce noise when operating. This type of foam carries several risks. PE-PUR foam can break down into particles that may cause serious injury when inhaled. These particles have appeared as small, black pieces of debris in the device outlet, humidifier, tubing, and mask of the machines. 

PE-PUR foam can also give off dangerous, invisible chemicals through a process called “off-gassing.” These chemicals, which may include formaldehyde, benzene, and other cancer-causing agents, are toxic when inhaled. Toxic particles and dangerous gases are more likely to appear if the machine is exposed to high temperatures or humidity. There is also an increased risk when certain cleaning methods are used on the machines, including the use of ozone. 

Short-term effects of exposure to toxic PE-PUR particles and off-gassing may include:

  • Headaches
  • Dizziness
  • Irritation to the skin, eyes, nose, and airway
  • Allergic reaction or another immune system reaction
  • Nausea or vomiting

Long-term effects of exposure to toxic PE-PUR particles and off-gassing may include:

  • Chronic asthma
  • Chronic bronchitis
  • Kidney disease
  • Liver disease
  • Cancer

In lawsuits involving injuries from exposure to toxins, defendants often argue that chemicals did not cause the injuries plaintiffs suffered. However, Philips has said in a safety notice that the particles and gases resulting from PE-PUR foam use can cause the above-listed health conditions. 

FDA Probe Revealed Philips Knew CPAP Machines Were Potentially Dangerous 

The FDA investigated Philips between August and November 2021. An FDA report issued after the investigation states that Philips mishandled many of the problems with the recalled CPAP machines. 

The investigation concluded there were at least 14 incidents between April 2016 and January 2021 where Philips was aware of issues and concerns related to toxic PE-PUR particles and off-gassing in its CPAP machines. Despite being aware of these issues, Philips did not perform adequate risk assessments within an appropriate time frame, the FDA states. 

Multiple Philips CPAP Machine Lawsuits Filed All Across the Country

Lawsuits involving injuries suffered from using the recalled devices fall under the category of mass tort litigation. This type of court action occurs when many people are harmed by the acts of the same person or entity. Because the evidence in each case is likely to be similar, the lawsuits are brought together in the same district in federal court. 

This is referred to as multidistrict litigation or MDL. Each lawsuit in the MDL remains an individual case, and the plaintiffs are each represented by their own lawyers. Lawyers and law firms from across the country participate in the MDL.

The Philips CPAP Recall MDL was formed on October 8, 2021. As of April 13, 2022, nearly 200 lawsuits have been filed in the MDL, with thousands more expected.  

Our Los Angeles Philips CPAP Machine Lawyers Can Represent You

If you or a loved one used a recalled Philips CPAP machine and experienced any of the above health conditions, our Los Angeles mass tort lawyers want to talk to you about your potential lawsuit against Philips and the financial compensation to which you may be entitled.

KJT Law Group provides personalized and attentive representation throughout the complex process of mass tort and MDL lawsuits. Contact us today for a free case evaluation by calling (818) 507-8525

We Will Fight For You

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