If you suffer from sleep apnea and use a Continuous Positive Airway Pressure (CPAP) or Bilevel Positive Airway Pressure (BiPAP) machine to help you breathe at night, you should be aware that the manufacturer, Philips Respironics, has recalled many of these potentially dangerous devices. The company warns users that the machine could cause a host of medical problems, including cancer.
If you are using any of the recalled machines, consult your doctor immediately. There might be another make and model of a comparable machine that will serve your needs or other treatments that could be as effective. You should also call a skilled attorney to determine whether you should file a CPAP lawsuit.
If you were injured after using the recalled CPAP machine, you could recover a significant amount of compensation. Founding Partner Jon Ostroff and the experienced attorneys at Ostroff Godshall Injury and Accident Lawyers can help you hold Phillips Respironics accountable for hiding critical information from doctors and consumers.
Why Was the Phillips CPAP Machine Recalled?
According to a June 2021 notice released by the United States Food and Drug Administration (FDA), the CPAP recall is necessary because of degrading/deteriorating insulating foam used in these machines to reduce noise and vibration. When the foam disintegrates, it produces black debris and releases harmful chemicals into the airways of its user. Users of these machines are at risk for inhaling toxic chemicals or swallowing dangerous debris.
The FDA notes that this action is a Class I recall, which means that continuing to use the CPAP machines could result in adverse health consequences or death. If you believe you have been exposed to disintegrating or deteriorating foam while using the recalled sleep apnea machine, you should seek legal advice from a Philips CPAP attorney at our law firm right away.
Symptoms of Chemical Exposure
CPAP injuries take several forms. Some users report experiencing headaches, cough, throat irritation, discomfort in the chest, and sinus infections. The FDA notes that the risks of ingesting these foam particles or breathing the chemicals include:
- Irritation of the eyes, nose, and skin
- “Toxic and carcinogenic effects”
The suggestion that the foam has toxic and carcinogenic effects is concerning. There is evidence that exposure to the disintegrating foam could lead to:
- Liver damage
- Kidney damage
- Pulmonary fibrosis and other debilitating lung conditions
- Cancer, especially of the lung, kidney, liver, or colon
If you have noticed any of these symptoms or have recently been diagnosed with a severe medical condition, you should reach out to a lawyer familiar with the CPAP lawsuits.
Understanding Class Action Lawsuits
A class action lawsuit may be a way to recover damages more efficiently. This is when a single lawsuit is filed for a group of people that have suffered harm. The CPAP cases lend themselves to a class action because each machine has the same flaw, many users were affected, and users suffered similar types of injuries.
In a class action, the courts will consolidate a large number of claims from multiple jurisdictions into a single lawsuit. Damages resulting from the lawsuit are distributed according to a formula based on the severity of each participant’s injuries.
Federal Laws Governing Class Actions
Federal Rules of Civil Procedure Rule 23 states that a class action lawsuit is appropriate only if:
- There are so many injured people that filing individual cases would be impractical,
- Each individual’s case relates to the same question of law or fact,
- The representative’s claim is characteristic of the other injured parties’ claims, and
- The representative will protect the interests of the other injured parties.
Reach out to a lawyer at Ostroff Godshall Injury and Accident Lawyers if you are interested in joining a CPAP class action.
Is It Necessary to Prove Negligence in a CPAP Class Action Lawsuit?
When a product like a sleep apnea machine is defective, you do not need to prove the manufacturer was negligent. You need only show that the product was unreasonably dangerous in its design. If you wish to file a CPAP recall lawsuit, it is best to work with a seasoned attorney who understands the laws governing these types of cases.
Contact a CPAP Attorney About Your Lawsuit
If you suffered injuries from a recalled sleep apnea machine, it is not too soon to start thinking about legal action. Our Pennsylvania attorneys at Ostroff Godshall Injury and Accident Lawyers can file a CPAP lawsuit on your behalf to obtain fair compensation.
Do not let Phillips Respironics get away with threatening your health in pursuit of its profits. Contact us today to schedule your free consultation.