How to Join a Class Action Lawsuit Against Philips CPAP Machine?
To join a class action lawsuit against Philips CPAP machines, you may want to consult an attorney with experience in mass torts and medical device cases. An attorney can make sure you take appropriate action to receive fair compensation. They can also tell you more about the mass tort against Philips, inform you of any relevant deadlines to file a lawsuit, gather important evidence, and represent your best interests from start to finish of your case.
Read on to learn more about the lawsuit against Philips, how to seek compensation, and how to join the existing mass tort lawsuit.
What Is the Lawsuit Against Philips About?
The mass tort lawsuit against the Philips CPAP machine alleges that Philips, which manufactures many kinds of medical devices, purposely endangered customers by not taking immediate action upon learning their product was dangerous.
The foam in Philips CPAP machines (and other similar devices, such as APAP and BiPAP machines) can break down after multiple uses and enter the breathing tube, exposing users to chemicals that may cause:
- Respiratory illnesses
- Nausea or vomiting
- Irritation of the skin, nose, or throat
Some of these conditions are severe and even deadly. The more serious your condition, the more Philips could have to pay you in damages.
Getting Compensation from the Philips Mass Tort
If the lawsuits against Philips are successful, the plaintiffs will be able to collect damages for the pain, medical problems, and financial strain caused by the faulty CPAP machines. This includes compensation for:
- Loss of quality of life
- Physical pain and suffering
- Psychological suffering
- Cost of medical treatment
- Loss of employment or job opportunities
- Loss of wages or earning capacity
- Temporary or permanent disability
The plaintiffs must prove they deserve such compensation by collecting evidence to support the following four points:
- Philips should have protected them. Plaintiffs must show that Philips, as a medical device manufacturer, had a responsibility to produce safe, quality products and to recall those products immediately upon learning of new dangers.
- Philips did not protect them. In this case, the plaintiffs allege that Philips knew about the defective foam but hid that information until it was convenient for them to issue a recall.
- Philips’ negligence had consequences. You were diagnosed with a new health condition, had to pay for medical care and take time off work, or suffered a blow to your physical and mental well-being. Your illness may have caused you financial hardship and forced you to make radical lifestyle changes.
Joining a Mass Tort Lawsuit Against Philips
How do you know if you qualify to join a mass tort lawsuit against Philips CPAP machines? One of the best ways is by discussing your case with an attorney. They can tell you about:
- The details of the other cases: Your case must be very similar to the cases already included in the mass tort.
- Your state’s statute of limitations: Depending on your state, you could have anywhere from one to several years to file a lawsuit for your injuries. An attorney can explain your filing timeline.
- What evidence you need: A lawyer can support your case by collecting information from your medical records, your loved ones’ testimony, Philips’ records, and other sources.
- What your legal options are: Should you join an MDL, or should you pursue another option? An attorney can discuss all reasonable options with you.
- How they will manage your legal action: Your attorney could work with other attorneys to build a strong case and make sure your case is properly added to the existing legal action.
- What to do after a wrongful death: Did you lose a loved one to CPAP-related complications, or do you expect not to survive long enough to see the case to the end? You can still recover damages. Your attorney can tell you how.
Class Actions Versus MDLs
You may also have the option of joining a multidistrict litigation (MDL) against Philips instead of a class action. An MDL might require more work from your attorney because:
- The court considers each case in an MDL separately rather than only considering one or two “sample” cases from a class action.
- You would retain greater control of your case.
- You could be able to negotiate your own settlement rather than sharing a lump settlement with others.
It is vital that you pursue the right type of legal action for your situation. This could make all the difference in whether you receive fair compensation. A Philips CPAP lawsuit lawyer can explain how joining the existing Philips MDL can help you.
If You Do Not Qualify for the Philips Mass Tort
There are many reasons why your lawyer might decide that joining an existing legal action is not possible or not advisable. For example, maybe you:
- Could potentially get more compensation through a different type of action
- Used a CPAP machine that Philips did not include in its recall or that was not manufactured by Philips
- Suffered health effects that are significantly different from those suffered by the other plaintiffs in the action
If for any reason you do not qualify to join an existing legal action, your lawyer may be able to start a new legal action on your behalf.
Why Join a Mass Tort Lawsuit?
In general, lawsuits give wronged individuals the opportunity to hold the at-fault party accountable for their actions. They also help these individuals recover compensation for everything they have lost or may lose in the future.
Why should you join a mass tort lawsuit specifically? A mass tort lawsuit is one of several types of legal actions that:
- Offer strength in numbers to individual plaintiffs, who are ordinary people with limited resources against a large corporation
- Enable you to pursue and recover compensation for much less effort than an individual lawsuit would take
- Keep legal costs to a minimum by spreading those costs out among all of the plaintiffs
Learn More About Joining Mass Tort Lawsuits
For more information on how to join a mass tort lawsuit against Philips CPAP machines, fill out our contact form today. We can put you in touch with a mass torts lawyer in your area who can tell you about all the ways you could receive compensation for your illness.