Who Qualifies to File a CPAP Lawsuit? | Philips CPAP Lawsuit Lawyer

If you or a loved one suffered health consequences due to using a recalled Philips CPAP, BiPAP, or ventilator device, you may qualify to file a CPAP lawsuit. You can hire a personal injury lawyer in your area to build your case against the manufacturer and hold them liable for compensating your damages.

In June 2021, Philips issued a CPAP machine recall, notifying consumers to cease using or consult their physicians about using specific CPAP, BiPAP, and ventilator devices it manufactured. These devices are used to treat sleep apnea and involve blowing air through tubing to keep patients breathing throughout the night. However, Philips’ first-quarter report found that sound abatement foam in the devices can degrade and cause organ damage if inhaled.

What is a CPAP machine?

According to Healthline, a continuous positive airway pressure (CPAP) machine is a medical device used to treat people with sleep apnea disorders, such as obstructive sleep apnea (OSA) or central sleep apnea (CSA).

People with sleep apnea have dysfunctional sleep processes in that their throat muscles become too relaxed and prevent the flow of air during sleep. Because of this dysfunction, people with sleep apnea stop breathing momentarily at various times during their sleep cycles.

How do CPAP machines work?

These machines blow a continuous flow of air through tubing and into the nose and/or mouth of the user so that they do not stop breathing at any point throughout their sleeping time.

These machines come in various styles, so some may require users to wear masks that cover both their noses and mouths, while others can connect to the nostrils alone.

Why are Philips CPAP machines defective?

The CPAP, BiPAP, and ventilator machines mentioned in the Philips recall include polyester polyurethane (PE-PUR) sound abatement foam. Many sleep apnea machines are loud because they continuously blow air through tubing. The PE-PUR sound abatement foam was initially meant to reduce the noise of the sleep apnea machine. However, Philips’ quarterly report found that the foam could degrade.

With the sound abatement foam degrading, volatile organic compounds (VOCs) were released into the tubing and made individuals prone to inhaling or swallowing the chemicals. These chemicals can lead to health issues, such as liver or kidney damage, irritation in the respiratory system, and allergic reactions. Some individuals can even develop cancer because the foam particles are carcinogenic.

Who qualifies to file a lawsuit?

You may qualify to file a Philips CPAP lawsuit if you developed an injury or illness as a result of using one of the company’s recalled sleep apnea devices. That means people who used recalled BiPAP or mechanical ventilators may also qualify to pursue compensation, as CPAP devices were not the only sleep apnea machines found to contain dangerous foam chemicals.

The following factors may indicate whether you qualify to file a lawsuit:

If you used a recalled Philips CPAP, BiPAP, or ventilator machine

If you used any of the following recalled Philips CPAP, BiPAP, or ventilator machines and suffered health consequences, you may have grounds to file a lawsuit against the manufacturer:

  • DreamStation ASV
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation ST, AVAPS
  • DreamStation GO CPAP, APAP
  • A Series BiPAP A30 and A40
  • A Series BiPAP Hybrid A30
  • A Series BiPAP V30 Auto
  • Trilogy 100 and 200
  • C Series ASV
  • C Series S/T and AVAPS
  • OmniLab Advanced Plus (In-Lab Titration Device)
  • Dorma 400 CPAP and 500 CPAP
  • SystemOne ASV4
  • SystemOne (Q-Series)
  • E30 (Emergency Use Authorization)
  • REMStar SE Auto CPAP
  • Garbin Plus, Aeries, LifeVent

These devices were manufactured before April 26, 2021, with some models being discontinued. Philips has created newer models that do not rely on PE-PUR sound abatement foam and offers a repair and replacement program for those who wish to replace the recalled device for a safer model.

If you suffered side effects as a result of exposure to PE-PUR foam chemicals

The U.S. Food and Drug Administration (FDA) released a Class I recall about the Philips medical devices and warned the public about potential health risks associated with the devices. You may qualify to file for compensation if you used a recalled Philips medical device and suffered one or more of the following side effects:

  • Irritation in the nose, throat, and other parts of the respiratory tract (e.g., lungs)
  • Irritation on the skin in areas that made contact with the PE-PUR foam (e.g., eyes and mouth)
  • Headaches and migraines
  • Dyspnea, which is a condition where patients have difficulty breathing
  • Coughing
  • Nausea or vomiting
  • Inflammation and other autoimmune system reactions
  • Asthma or other breathing conditions
  • Allergic reaction
  • Dizziness
  • Chest pain
  • Symptoms of cancer

If you exhibit any of these symptoms, please consult your physician to determine whether you have other options to treat your sleep apnea.

If you wish to join a mass tort action against Philips for a recalled CPAP device

The FDA released an update on the Philips recall notice in November 2021, indicating that people should still keep caution. The administration stated that they received over 3000 medical device reports (MDRs) about foam degradation and provided instructions on filing a complaint about your recalled device.

Since the recall, victims can file individual product liability lawsuits against Philips or join a mass tort action with other victims who share similar experiences. If you are interested in joining a mass tort or multidistrict litigation (MDL) action, you can consult a law firm in your state. A lawyer may review your case and help you take legal steps to join the action.

Can I file a CPAP lawsuit?

Depending on when you discovered your injury or illness and its potential ties to a recalled Philips sleep apnea machine, you may still be able to file a CPAP lawsuit. Each state has a statute of limitations that details how long individuals have to file a lawsuit about a personal injury, which also applies to product liability cases (cases filed against manufacturers, designers, and marketers for releasing defective products to the public).

Another statute to be aware of is the statute of repose, which establishes a cut-off deadline for legal actions. This may alter an individual’s ability to file a product liability suit if the specified filing period has elapsed. If you decide to work with a lawyer, they can identify whether you are still within legal time limits to file your CPAP lawsuit.

CPAP lawsuits allege cancer risk linked to Philips devices

The New York Times issued a report on several victims who allege the recalled Philips devices are linked to cancer, based on the medical data presented by the FDA and chemical components of the sound abatement foam. At the time of the report, August 2021, concerns about the Delta variant of coronavirus were conflicting with the demands of supplying ventilators to COVID-19 patients and patients with defective Philips’ products. Still, patients are expected to have their devices replaced.

Some victims reported having kidney and liver damage as a result of swallowing PE-PUR foam particles. Other patients remain nervous about continuing use until they receive a replacement, with one patient expressing frustration at continuing using their device despite the health risks.

Qualifying cancers and injuries

You may qualify to file a CPAP lawsuit if you used a recalled Philips device and developed any of the following cancers:

  • Lung cancer
  • Kidney cancer
  • Liver cancer

Other serious health issues like heart problems or respiratory failure can also qualify you for a lawsuit.

CPAP lawsuits allegations

In general, most CPAP lawsuit allegations involve the following points:

  • Philips’ negligently released defective sleep apnea machines to the public market.
  • Philips knew about the foam degradation because of its quarterly report in April but did not issue a recall until June 2021, after the release of new DreamStation models that do not contain the PE-PUR foam. Other evidence of this point includes 2015 email exchanges with Philips’ foam supplier.
  • Philips initiated a repair and replacement program in an effort to provide safer models to patients. However, the FDA withdrew its approval for the replacement machines after new reports showed that the silicone replacement foam may also have health risks (investigation pending).

Who is eligible for a CPAP lawsuit?

You are eligible to file a CPAP lawsuit if:

  • You own or use a Philips’ CPAP, BiPAP, or ventilator medical device.
  • You suffered injuries or developed an illness, such as cancer, after using the Philips’ device.
  • You can prove the Philips’ sleep apnea machine shows signs of foam degradation, meaning you may have inhaled or swallowed PE-PUR foam during your sleep.
  • You suffered other damages as a result of the health issues the Philips medical device caused.

If you are still unsure whether you qualify for a lawsuit, you can get a free case review with a personal law firm that handles product liability cases. Many law firms answer basic questions in the first consultation at no charge.

Why file a lawsuit?

If you were a victim of one of Philips’ defective sleep apnea devices, filing a CPAP lawsuit can serve as a route to claim compensation and recover some of the damages you’ve faced.

Do I need a lawyer to file a CPAP recall claim?

You are not obligated to retain a lawyer to file a CPAP recall claim. However, if you are not familiar with the personal injury or product liability claims or litigation process, you may put yourself in a vulnerable position since the defendant will likely have a team of attorneys representing them. Corporate lawyers know how to use the law to their client’s advantage and will not be afraid to use your legal inexperience against you.

Rather than risk jeopardizing your case, you can work with a personal injury lawyer who works for a contingency fee. They can build your case for you and stand up against Philips’ attorneys on your behalf to pursue compensation.

What can a personal injury lawyer do to help me build my CPAP lawsuit?

Your Philips CPAP lawsuit attorney can provide several services to put your CPAP recall claim together. Some services may involve:

  • Conducting an investigation into your case to identify whether it’s possible to prove that a Philips-brand sleep apnea machine caused your injury or illness
  • Contacting medical professionals who treated your condition or who can testify on your behalf to show how the PE-PUR foam inside the devices led to your health issues and to explain other potential health risks you now face
  • Gathering other forms of evidence to support aspects of your case, such as medical records, the defective medical device, and financial documents that can prove the value of specific damages you claim
  • Calculating your financial damages and estimating a value for your physical and emotional damages
  • Speaking with the defendant’s legal team, the insurance company, or court officials on your behalf
  • Preparing legal paperwork for your case and monitoring your case’s deadline so that you submit your lawsuit within your state’s statute of limitations
  • Attending negotiation meetings to organize a settlement deal, which may occur during the claims process or out of court to avoid a trial verdict

If it becomes necessary to take your case to court, a defective product attorney can also serve as your legal representative and present your case in front of a jury to petition for your compensation. Throughout your legal journey, your legal team will provide counsel and advise you on decisions. Should you disagree with your attorney, you can elect a different option or cease work with your attorney.

How much does a CPAP lawsuit lawyer cost?

The cost of a personal injury lawyer’s services can vary on how long it takes to build a client’s case, what services are necessary to do so, and whether the client’s case goes to trial. So, there is no flat fee for hiring an injury attorney. However, many personal injury law firms throughout the United States work on a contingency-fee basis to allow clients to afford their services.

As are many people’s cases, being inundated with medical treatment costs or losing employment because of your health can deplete your financial accounts. If you are worried about whether you can afford a lawyer, you don’t have to be with a contingent agreement.

What is a contingency fee?

A contingency fee refers to the mutual agreement between the attorney and client that the attorney will not charge their legal fees if they do not successfully win their client’s case. Within this fee agreement, the law firm may also agree to:

  • Postpone all attorney’s fees until the end of the client’s case, provided they win compensation for their client
  • Collect their fees once the client can collect their compensation
  • Use a percentage rate instead of an hourly rate to charge for their services
  • Use an agreed-upon percentage of the client’s case earnings to pay for the attorney’s fees

You will be able to discuss these terms in full and see specific rate numbers when speaking with a team representative of the law firm. Additionally, if you do discuss your case in your first free consultation, you are not obligated to work with the law firm if you do not agree to the rates they demand for their services.

Meet your legal team to start building your CPAP lawsuit

If you or a loved one wants to file a personal injury lawsuit about the injuries or illness you developed after using a defective Philips CPAP machine, we can direct you to a lawyer in your area who handles CPAP lawsuits. Several law firms throughout the United States have begun building cases against the sleep apnea machine manufacturer to hold them liable for causing patients’ health problems. You can begin your legal journey by working with a lawyer in your state.

Fill out our contact form today for help with your case or to learn about how to bring the manufacturer to account.