Did you develop a serious health condition such as respiratory problems after using a Philips CPAP device to treat sleep apnea? If so, you may be entitled to seek compensation from Philips Respironics, the manufacturer of CPAP and Bi-Level PAP breathing devices.
In June 2021, the health technology company Philips Respironics issued an urgent medical device recall of certain Continuous Positive Airway Pressure (CPAP) and Bi-Level PAP (BiPAP) machines after tests revealed potential health risks caused by the disintegration of noise-absorbing foam used in the devices. The foam may crumble into particles and be ingested by the user who is breathing air through the machine.
The personal injury attorneys at Joye Law Firm are reviewing cases involving injuries caused by defective CPAP and BiPAP machines. Contact the attorneys at Joye Law Firm today for a free CPAP lawsuit consultation. We will discuss your case and help you evaluate your legal options.
What Is a CPAP Machine?
A Continuous Positive Airway Pressure (CPAP) device is commonly used to treat patients with sleep apnea. The machine is comprised of a cushioned mask or nosepiece and a hose that delivers a constant stream of air to the patient while they sleep. The machine’s compressor pushes air through an air filter and into the hose, flowing into the mouth or nose. Other components include a headgear frame, adjustable straps, and “elbow” joint pieces. Some are built exclusively for the nose, while others are full face masks.
The machine is designed to help sleep apnea patients breathe normally. Many sleep apnea patients stop breathing for short intervals while sleeping and have disrupted sleep. However, air pressure from the CPAP machine is intended to prevent blockages that would normally cause the patient to have breathing trouble at night.
However, reports of issues with the CPAP machines prompted the Philips recall and legal action by consumers.
Why Are People Filing Philips CPAP Lawsuits?
CPAP users began filing lawsuits against Philips Respironics after the company disclosed health hazards associated with the machine’s polyester-based polyurethane sound abatement foam component. Specifically, many CPAP users complained that the sound abatement foam in their devices was degrading, causing foam particles to travel into the airway.
Other patients complained of exposure to toxic gases caused by the degrading foam. Off-gassing is the release of harmful or toxic chemicals. The degrading foam resulted in off-gassing and exposure to potentially carcinogenic chemicals.
According to Philips, numerous factors contributed to the disintegration of the sound abatement foam, including improper cleaning methods and exposure to high heat and humidity. Tests have shown that the degraded foam particles and off-gassing have the potential to cause cancer in sleep apnea patients.
Philips recalled about 3.5 million CPAP and Bi-Level PAP breathing devices, most of which had originally been marketed as part of the DreamStation product line. Philips had not warned of the potential to pose health risks to consumers.
As a result, some patients who have experienced adverse health conditions or developed cancer due to degrading foam in their CPAP device are suing Philips Respironics for failing to warn customers about the health hazards posed by the machines.
If you have received a cancer diagnosis or have been injured by a Philips CPAP device, you should reach out to a CPAP lawsuit attorney to discuss your legal options. You may be eligible to pursue compensation for medical expenses, lost income, and other losses you suffered by filing a lawsuit against the CPAP device manufacturer.
Injuries/Side Effects Named in CPAP Lawsuits
Some sleep apnea patients who used Philips CPAP devices reported that they developed adverse health effects caused by their machine’s degrading noise abatement foam.
There are many significant health risks associated with using CPAP devices, including:
Particulate Exposure Risks:
- Breathing issues
- Sinus infections
- Chest pressure
- Organ damage, particularly damage to kidneys and liver
- Eye, skin, and respiratory irritation
Off-gassing Health Risks:
- Eye, skin, and respiratory irritation
According to tests run on the sound abatement foam used in the CPAP devices, the chemicals in the sound abatement foam are the main trigger for the side effects many sleep apnea patients have experienced after using the breathing machine.
Philips conducted lab tests that revealed the presence of a host of harmful chemicals in the sound abatement foam, including:
- Dimethyl diazene: This particular chemical is carcinogenic and increases the risk of developing colon cancer.
- Diethylene glycol: This chemical is an irritant with the potential to aggravate the eyes, skin, and mucous membranes if it is consumed.
- Toluene diisocyanate: This is a carcinogenic chemical with the potential to cause cancer and other side effects, including eye-related issues, irritated skin, and breathing issues.
- Toluene diamine: This chemical is one of the most harmful contained in the sound abatement foam. It can cause severe health conditions such as genetic defects, infertility, organ damage, and cancer.
If you have suffered adverse health effects after regularly using a CPAP or BiPAP machine and believe that they may be caused by degrading sound abatement foam in your CPAP, talk to a doctor about your health concerns. If your doctor believes that the use of your CPAP device may be behind your condition, you should speak to an attorney at your earliest convenience.
Who Qualifies to File A CPAP Lawsuit?
If you developed respiratory issues or contracted cancer after regularly using a Philips CPAP or BiPAP device, then you might qualify for compensation.
CPAP users suffering from the following injuries and illnesses may qualify for a CPAP lawsuit:
- Acute Respiratory Distress System
- Bladder Cancer
- Brain Cancer
- Breast Cancer
- Chemical Poisoning
- Heart Attack
- Heart Failure
- Hematopoietic Cancer
- Kidney Cancer
- Kidney Damage
- Kidney Disease
- Liver Cancer
- Liver Damage
- Liver Disease
- Lung Cancer
- Lung Damage
- Lung Disease
- Lymphatic Cancer
- Multiple Myeloma
- Nasal Cancer
- Non-Hodgkin’s Lymphoma
- Papillary Carcinoma
- Pleural Effusion
- Prostate Cancer
- Reactive Airway Disease
- Rectal Cancer
- Respiratory Failure
- Severe Ear Inflammation
- Severe Nose Inflammation
- Severe Throat Inflammation
- Stomach Cancer
- Testicular Cancer
- Thyroid Cancer
You should speak to a CPAP lawsuit attorney about your case today to determine whether you are eligible to file a lawsuit against Philips Respironics. A seasoned personal injury lawyer at Joye Law Firm will help you navigate the legal process.
Status of Philips CPAP Litigation
The attorneys at Joye Law Firm are currently reviewing potential CPAP lawsuits in South Carolina. Across the country, there are some pending CPAP lawsuits in the early stages of litigation.
Due to a large number of potential lawsuits, CPAP lawsuits might be consolidated into an MDL, or multi-district litigation. The case would then be tried in a federal court.
Potential Settlement Compensation
Understanding the details of your injury is essential in understanding how much compensation you may be entitled to claim. The more serious your injury, the more costly your medical expenses will be.
Compensation is designed to help injury victims cover losses they suffered due to the at-fault party’s negligence. If you suffered an illness or injury as a result of using a Philips CPAP device, you might be able to recover compensation for:
- Present and future medical expenses – expenses related to your injury or illness, including hospital bills, rehabilitative care, in-home care, prescription medication expenses, surgery costs, and much more.
- Lost wages – if you are unable to work due to your illness or injury.
- Lost earning potential – if you are temporarily or permanently disabled and unable to perform the full extent of your job duties.
- Pain and suffering – including physical pain, emotional distress, mental anguish, post-traumatic stress disorder, and loss of quality of life.
A personal injury attorney can help you calculate your medical expenses and quantify your non-financial losses such as pain and suffering.
Contact Us Today
Holding a medical products manufacturer accountable requires the help of experienced personal injury lawyers who handle cases involving unsafe consumer products.
If you have been harmed due to degrading sound abatement foam in a Philips CPAP device, you may be entitled to demand that Philips Respironics pay your medical bills and compensate you for other related losses. If you have a valid product liability claim, the attorneys at Joye Law Firm can help you file a personal injury lawsuit against Philips Respironics. You should not be responsible for medical expenses, lost wages, and other losses you have suffered due to a manufacturer’s failure to disclose the health risks of using its CPAP machines.
Our attorneys at Joye Law Firm have successfully handled complex. product liability litigation. If you need a South Carolina CPAP lawsuit attorney, give us a call. We have the knowledge and resources to gather evidence to support your claim, document and the losses you’ve suffered, and help you aggressively pursue the compensation you deserve.
Contact us today for a free, no-obligation case review.