People are filing CPAP lawsuits because a major manufacturer sold defective units that put users at risk of acute injury and also exposed them to potential toxins. According to the U.S. Food and Drug Administration (FDA), certain now-recalled Philips Respironics devices contained a foam made of polyester-based polyurethane (PE-PUR) that can degrade and break down, producing off-gas toxins.
The recall includes bi-level positive airway pressure (BiPAP) machines, continuous positive airway pressure (CPAP) machines, and some ventilators. Philips Respironics used the foam to lessen the sound coming from the devices but did not warn users about the risks associated with it. Our Los Angeles mass tort lawyers are currently reviewing cases for users of the recalled devices, and multidistrict litigation is underway as of April 2022.
What Models Were Recalled?
When Philips Respironics issued the first recall in June 2021, it covered almost two dozen machines, including CPAP, BiPAP, and ventilator devices. The FDA published an updated list that includes the following machines made between 2009 and 2021:
- A-Series BiPAP A30
- A-Series BiPAP A40
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto
- C-Series ASV
- C-Series S/T and AVAPS
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- Garbin Plus, Aeris, LifeVent
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100
- Trilogy 200
- Trilogy Evo (certain 2021 models)
If you are currently using one of these devices, talk to your doctor about your options before you discontinue use. However, it is a good idea to act quickly to limit your exposure and help any acute injuries heal. Be sure to keep your recalled machine as evidence for your case, if possible.
Next, contact a Los Angeles mass tort attorney from our team to explore your legal options if you had any negative effects from using a recalled device. There is multidistrict litigation that you may be able to join to pursue compensation.
What Health Issues Does PE-PUR Foam Potentially Cause?
According to the FDA, the potential risks of using the recalled devices include inhaling or swallowing the foam and exposure to the off-gassing of chemicals. Common symptoms after the breakdown of the foam include:
- Airway irritation
- Eye and/or skin reactions
- Inflammatory response
The effects of breathing in toxins and possible carcinogens from the foam include:
- Irritation of the eyes, skin, and/or respiratory tract
- Allergic reactions
- Immune system reactions
- Nausea and/or vomiting
- Organ damage
- Other long-term, unknown effects
A Mass Tort Against Philips Respironics Is Already Underway
Our mass tort attorneys in LA are working on defective medical device claims for clients who suffered potential injuries because of the recalled devices. You may be able to join others in holding the manufacturer legally responsible. According to the U.S. Judicial Panel on Multidistrict Litigation, approximately 275 actions are already pending in this litigation as of April 2022.
The multidistrict litigation (titled In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation) is also known as MDL 3014 and is currently in its initial stages in U.S. District Court, Western District of Pennsylvania.
Explaining Multidistrict Litigation
Multidistrict litigation is a form of mass tort that:
- Combines cases for discovery, initial motions, and bellwether trials
- Allows plaintiffs to save money by working together on discovery
- Does not directly affect the outcome of cases, but often inspires settlements
- Allows each case to return to its original jurisdiction for trial if not settled
Multidistrict litigation works best in cases where each claimant suffered injuries through the same product or action, and their case is against the same defendant. However, their damages and outcomes may be vastly different. The Philips CPAP lawsuits seem well-suited to this type of mass tort.
As of April 2022, the Philips mass tort is still in its earliest stages. Many claimants are still learning about the recall, considering their options, and filing lawsuits in the case.
Connect With an LA Mass Tort CPAP Lawsuit Attorney Today
If you or a loved one potentially suffered injuries because of a recalled CPAP, BiPAP, or ventilator machine, the Los Angeles mass tort lawyers from KJT Law Group are ready to help. We can assess your case, explain how mass torts work, discuss your next steps, and explain our services and fees.
We represent clients on a contingency basis, which means there are no upfront fees or out-of-pocket costs. We only get paid if we win your case. To get started, call (818) 507-8525 today for your free consultation.