New Orleans Philips CPAP Lawyers

Which Philips CPAP Devices Were Recalled?

Following complaints of the CPAP being harmful, Philips decided to recall millions of its breathing and ventilation devices. Below is an outline of the BiPAP, ventilators, and CPAP recalls:

Continuous Ventilator, facility use, minimum ventilatory support

• E30 (Emergency use authorization)

Noncontinuous ventilators

• DreamStation
• DreamStation Go
• Dorma 400
• SystemOne (Q-Series)
• Dorma 500
• REMStar SE Auto

Non-life supporting, Continuous Ventilators

• C-Series ASV
• OmniLab Advanced Plus
• C-Series S/T and AVAPS
• DreamStation ASV
• SystemOne ASV4
• DreamStation ST, AVAPS

Non-life supporting, Continuous Ventilator

• A-Series BiPAP A30
• A-Series BiPAP A40

Continuous Ventilator

• Garbin Plus, Aeris, LifeVent
• Trilogy 100
• Trilogy 200

Continuous Ventilator, Facility use, Minimum ventilatory support

• A-Series BiPAP V30 Auto
• A-Series BiPAP Hybrid A30 (not sold in the US)

What Is the Reason Behind the Recall?

The reason behind the recall of CPAP devices is that they contain polyester-based polyurethane foam — a sound-lessening liner that is harmful to human health.  Given (Polyester-based Polyurethane) PE-PUR’s susceptibility to degrade into particles and the fact that the Philips CPAP devices have no filters, users of these devices can easily inhale or ingest the PE-PUR particles.

Keep in mind that when PE-PUR disintegrates, it produces toxic compounds such as Toluene Diisocyanate, Diethylene Glycol, and Toluene Diamine, which are harmful to human health.

In a nutshell, the Philips sleep apnea devices that were recalled contained toxic substances that put users lives in danger instead of improving their breathing. 

What Injuries Can the Recalled Philips Devices Cause?

According to a press release by Philips, using the recalled CPAP devices can result in permanent impairment, and in severe cases, life-threatening injuries. Among the health defects that these CPAP devices can cause include pulmonary fibrosis, lung injury, and possibly cancer.

Below are some of the side effects and symptoms that people who use Philips CPAP devices should be aware of and monitoring:

• Headache
• Upper airway irritation
• Lung inflammation
• Nausea and vomiting
• Toxic and carcinogenic effects
• Irritation of the throat, skin, or eyes
• Coughing
• Respiratory issues like asthma
• Hypersensitivity
• Adverse effects to the kidney or lungs
• Sore throat and sinus infections
• Difficulty breathing

Am I Eligible to Sue for Compensation? 

Ascertaining your eligibility for compensation in a lawsuit can be challenging, given that there are different factors considered when determining whether one is eligible. However, Allan Berger and Associates can help you determine your eligibility in a free case study.

As previously stated, the main requirement for claiming compensation in the Philips CPAP lawsuit is the prior use of Philips breathing and ventilation devices before their recall.

In addition, here are other factors that will play a part in determining whether you are eligible for compensation:

• Your diagnosis of sleep apnea
• The frequency with which you used the ventilator or the breathing machine
• Whether a doctor has diagnosed you with lung cancer and issued treatment for the same
• Why you chose the device instead of other sleep apnea devices
• Whether you have been using an alternative breathing machine or ventilator identified by a doctor
• Hospitalization required as a result of using the device
• Whether you kept using the device because there weren’t other alternatives
• Other damages such as physical, financial, or emotional damages
• Whether you are a smoker or not

The litigation process of defective medical products can be complex and lengthy.  Moreover, there is a specific deadline for the aggrieved parties to take legal action.  As such, victims claiming personal injury claims on defective medical products should consult an experienced attorney sooner rather than later. Our experience, exemplary legal service delivery, and proven track record has earned our firm a stellar reputation in this area of the law. You can depend on us to represent you in your personal injury lawsuit.

What Is the Prevailing Status of the Philips CPAP Lawsuit?

Philips faces a CPAP class action lawsuit over its recalled BiPAP machines, CPAP machines, and ventilators. Even though the litigation is in its early stages, it is expected that there will be thousands of lawsuits against Philips, given the high number of recalls and the likelihood of those affected taking legal action. 

Since the plaintiffs are spread across the US, it is anticipated that the Philips CPAP lawsuit will be a federal multi-district litigation (MDL). This type of litigation expedites that court process by temporarily consolidating all these personal injury cases during pretrial proceedings.

Here are the expected causes of action against Philips:

• Failure to warn consumers (According to allegations filed by Gerry Shelton on June 29, 2021, Philips was aware of the problems with the recalled devices for several years)
• Deceptive trading/ consumer fraud
• Gross negligence
• Negligence per se
• Defective product design
• Negligent misinterpretation
• Breach of implied and express warranties
• Concealment of the dangerous health effects of foam used in making these devices
• Fraudulent misinterpretation

A CPAP class action suit was filed on June 29, 2021, in a federal court in Massachusetts with respect to the Philips defective breathing and ventilation machines. Since the chances are that an MDL will be formed, the class action will probably be used to reimburse uninjured plaintiffs who used out-of-pocket money to pay for the now recalled devices.

What Financial Gains Can One Receive If They Sue?

People who developed various health defects such as cancer due to the use of Philips ventilation and breathing devices may be eligible to receive the following compensatory damages:

• Medical Expenses: The compensation from the lawsuit may pay for past, current, and future medical treatments that arose from using the defective breathing devices.
• Lost wages: You may qualify for compensation to carter for lost wages due to missed work.
• Pain and suffering: One could qualify to get compensation to make up for the physical and emotional injuries associated with health defects caused by using the defective breathing devices.
• Future income loss: Suppose the ailment or injury you developed will prevent you from working in the future; you may be entitled to get compensated for future loss of income.
• Punitive damages: If the case goes to trial, the court may decide to award the plaintiffs punitive damages if evidence reveals that Philips acted negligently or maliciously. It is upon the plaintiffs to prove that Philips was aware of the PE-PUR degradation risks and chose to do nothing about them. Since some customers had complained about the degradation of Philips breathing devices before the recall, chances are that there may be punitive damages against Philips.

Another ground that the court may use to award punitive damages is that Philips allegedly coordinated its recall of defective CPAP products to overlap the launch of safer CPAP products. In doing so, Philips forced customers reliant on CPAP products to either purchase the new product (or acquire them from Philips competitors) if Philips fails to replace the recalled products in good time.

The various types of compensation are essential since they can help the claimants pay for medical and other needs after suffering from an injury.

At Allan Berger and Associates, we have the knowledge and resources to conduct a thorough investigation into your case to assess the value of the damages you incurred from using the defective products. We have a reputation for helping injury victims get the maximum compensation possible from injury claims. You can count on us to use all legal means possible including medical experts to help determine the severity of your injury and how it has impacted your life.

Call Allan Berger and Associates for a Free Consultation 

Medical device manufacturers and their legal teams are usually ready to fight you all the way if you opt to take legal action. As such, you risk failing to recover your compensation if you don’t have excellent legal representation in your corner. You need a law firm that’s adept at holding large corporations liable for the injuries caused to consumers.

Allan Berger and Associates  has over 35 years of experience in representing injured victims against pharmaceutical companies, insurance companies, and large corporations, subscribing to the belief that an everyday person can be equal to the large corporation when battling in the courtroom.

Suppose you or your loved one has developed cancer or any other defect as a result of using Philips devices for sleep apnea; you may be entitled to compensation. Allan Berger and Associates can file an injury claim on your behalf to seek compensation for the various injuries you suffered from using Philips devices. Contact us today or call us at 504-526-2222 for a free consultation.