Philips CPAP Recall Lawsuit

Philips Respironics is one of the leading companies producing CPAP machines to help treat sleep apnea, which affects about one in 15 people in the nation. In the summer of 2021, Philips recalled millions of CPAP and BiPAP machines that have been linked to an increased risk for lung cancer, respiratory inflammation and other serious health problems.

Lynch Law Firm is investigating claims against Philips Respironics for injuries caused by the recalled machines. Victims may be able to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and more.

Our firm offers a free initial consultation to discuss your potential Philips CPAP recall lawsuit. If we validate your claim and you decide to work with us, there are no upfront fees. Our attorneys do not get paid for representing you unless you receive compensation. There is no financial risk in giving us a call to discuss how we may be able to help.

Our firm has recovered more than $300 million on behalf of our clients. Firm partner James Lynch has been selected for New Jersey Super Lawyers each year since 2008 and is a lifetime member of the Multi-Million Dollar Advocates Forum. He regularly takes cases to court, including cases involving people injured by defective products.

Lynch Law Firm. We are here to help. Call (800) 518-0508 .

Am I Eligible to File a Claim?

If you have been using one of the recalled CPAP or BiPAP devices and have been diagnosed with lung cancer or other health problems, you may have a case. You should strongly consider contacting a licensed defective medical device lawyer for assistance.

These are the devices that were voluntarily recalled by Phillips in June of 2021. All the recalled products were made before April 26, 2021. 

Recalled CPAP and BiPAP Devices

  • Continuous Ventilator, Minimum Ventilatory Support, Facility Use
    • E30 (Emergency Use Authorization)
  • Continuous Ventilator, Non-life supporting
    • DreamStation ASV
    • DreamStation ST, AVAPS
    • SystemOne ASV4
    • C-Series ASV
    • C-Series S/T and AVAPS
    • OmniLab Advanced+
  • Noncontinuous Ventilator
    • SystemOne (Q-Series)
    • DreamStation
    • DreamStation Go
    • Dorma 400
    • Dorma 500
    • REMstar SE Auto

Recalled Ventilators

  • Continuous ventilator
    • Trilogy 100
    • Trilogy 200
    • Garbins Plus, Aeris, LifeVent
  • Continuous Ventilator, Minimum ventilatory support, facility use
    • A-Series BiPAP V30 Auto
  • Continuous ventilator, non-life supporting
    • A-Series BiPAP A40
    • A-Series BiPAP A30

Determining if Your Device is Part of the Recall

The Philips website provides instructions on locating the serial number of your Philips ventilator device to determine if it is included in the recall. Once you locate the serial number, you can register it on the website to find out if it is included in the recall.

It is important not to simply discontinue using the machine. You should discuss the situation with your doctor. In some cases, continuing to use the machine is less of a risk than stopping use. For those with serious cases of sleep apnea, stopping use could be life-threatening.

There are other brands of CPAP machines a doctor may be able to prescribe. It may be best to wait to get a new machine before stopping use. However, this is something that should be discussed with your doctor.

Assessing Your Claim

Our attorneys may also need to consider other factors to determine the merits of your claim, such as:

  • Your diagnosis
  • Treatments you have received
  • Damages suffered
  • Long-term prognosis
  • Reason you were prescribed a CPAP or BiPAP machine
  • If your doctor advised you to keep using the machine while finding an alternative
  • Symptoms you have been experiencing

Our experienced attorneys are here to answer your questions and determine your possible legal options. There is a limited amount of time to pursue compensation, so give us a call as soon as possible.

Damages in a Philips CPAP Recall Lawsuit?

Those who used a defective Philips CPAP machine may be eligible to seek compensation for the damages they suffered, including past and future medical bills, lost wages, lost earning capacity, pain and suffering and other damages.

The value of each claim needs to be assessed on a case-by-case basis. There are many factors that impact the value of a case, including the severity of the injuries, the victim’s long-term prognosis, and other factors.

Our licensed attorneys are prepared to carefully review your situation to determine the damages suffered and their potential value. We know how important compensation can be as victims deal with their injuries and other damages.

Give us a call today for assistance. (800) 518-0508

Why Victims Should Work with a Lawyer

Defective product cases are some of the more complex personal injury cases. Not only do you need to prove a product was defective and unreasonably dangerous, but also establish the manufacturer knew this. You must also compete with the financial resources of a large corporation. They are ready to throw a lot of money at defective product cases to escape accountability.

You need someone in your corner with the resources, experience and legal knowledge to put forth a strong case. Lynch Law firm has been advocating for injury victims for more than 20 years and we have recovered millions on behalf of our clients.

Hiring a licensed attorney helps to level the playing field because we are prepared for the arguments the other side may use to defend themselves. There are also no upfront fees for our services, which means contacting us comes with no financial risk.  

There is limited time to take legal action, so give us a call right away. We are ready to help you pursue the compensation you need.

Why Philips Initiated a Recall of its CPAP Machines

CPAP machines work by pulling air through a filter and pressurizing it before pushing it into your nostrils through a mask. The mask is connected to the machine with vinyl tubing.

Philips initiated a recall of some of its CPAP machines after discovering problems with a piece of foam in these machines. (The foam was there to help reduce noise from the machine.) There have been reports of pieces of the foam breaking off and being breathed in or ingested by the user. There have also been reports of the foam releasing potentially toxic gases (diethylene glycol, toluene diamine, toluene disocyanate).

The recall notice said the company received many complaints about debris in the air pathway and related health issues such as:

  • Headaches
  • Coughing
  • Pressure in the chest
  • Infections in the sinuses
  • Irritation in the upper airway

Debris from the foam in these machines could increase the risk for asthma, problems with the kidneys and liver, and various cancers.

Lawsuits Filed Over Defective Philips CPAP Machines

Legal problems for Philips began mounting just days after the recall, as class action lawsuits were filed. This includes a class action lawsuit that was filed in Massachusetts.

The lawsuit says Philips knew the substantial risks of these machines long before issuing a recall. The complaint says patients had complained about the black particles in their machines for years. Another allegation in the complaint is that the company timed the recall to coincide with the release of the next generation of products that do not have the same problems as before.

Lawsuits have continued to be filed since the recall. In October 2021, just months after the recall, more than 100 defective CPAP lawsuits against Philips were consolidated into a multidistrict litigation (MDL). An MDL may be formed when there are numerous cases with similar facts and allegations against another party, often a manufacturer of a product that has been recalled or may be defective or dangerous.

An MDL can be beneficial for victims of defective products as it helps to streamline the legal process, often leading to settlements of many cases. Once an MDL is created, one judge oversees the cases and bellwether cases will be selected. Bellwether cases are the first ones that will go to trial. Bellwether trials are meant to help both sides gauge the strength of their evidence and arguments. This can help both sides agree on a settlement.  

Call Lynch Law Firm to Discuss Your Claim

Product manufacturers have an obligation to produce safe products that do not pose an unreasonable risk of harm. When they fail to fulfill that obligation, and consumers get hurt, they should be held liable for damages.

Philips Respironics may face liability for producing defective CPAP and BiPAP machines that may increase the risk of lung cancer or other serious health problems. Lynch Law Firm is investigating these types of cases, and victims can meet with us in a free consultation to discuss possible legal options.

Our firm has obtained hundreds of millions of dollars in compensation on behalf of our clients over more than 20 years. Our award-winning attorneys are here to help, all at no upfront cost.

If you or a loved one were injured by a recalled Philips CPAP machine, give us a call today to learn how we may be able to help you.

Lynch Law Firm. Licensed. Local. Lawyers. Phone: (800) 518-0508

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