Philips CPAP Recall Lawsuit
In September 2023, Philips Respironics agreed on a $479 million settlement of a class action lawsuit over defective CPAP machines. This comes just two years after Philips recalled more than 10 million CPAP and BiPAP devices which were linked to causing cancers and numerous other conditions.
If you were diagnosed with cancer or another severe illness after using a recalled CPAP machine, you may still be able to seek compensation. The settlement reimburses people for buying or renting defective machines, so injured victims can still file personal injury claims.
Call TSR Injury Law to schedule a free consultation to discuss a potential Philips CPAP recall lawsuit. Our firm has secured more than $1 billion on behalf of our clients, and we have been advocating for the injured for decades. There are no upfront costs with our services, which means no financial risk to you.
Our Minneapolis defective product lawyers are committed to seeking full compensation to help victims get their lives back.
Contact us today to learn more: (612) TSR-TIME.
Can I File a Philips CPAP Recall Lawsuit?
Anyone who used one of the recalled CPAP machines or ventilators and was later diagnosed with cancer or other severe health problems may be eligible to file a product liability claim. Some who used the recalled machines suffered damage to their liver and kidneys. Others suffered from asthma and breathing problems.
Other potential symptoms include:
- Persistent coughing
- Irritation in your upper airway
- Pressure in your chest
- Sinus infections
- Nausea and vomiting
- Skin irritation
- Eye irritation
- Feeling dizzy
These symptoms could indicate a severe underlying illness, like cancer or lung damage.
If doctors diagnose you with a severe illness, consider contacting a lawyer to discuss possible legal options. Philips may be liable for damages caused by these defective devices.
Philips may also be liable for failing to warn the public once they discovered the danger. As far back as 2015, there was an email exchange in which Philips said the polyester polyurethane foam in its devices deteriorated over time. Additionally, a November 2021 inspection report from the Food and Drug Administration (FDA) found the company received more than 222,000 complaints between January 2008 and November 2021.
These complaints included words like:
There was also an email from April 2018 that indicates the company knew there were reports of degraded foam entering patients’ airways. Just two months later, a breathing unit failed and needed repairs. The technician who did the repair found the affected part was carcinogenic.
Which CPAP Machines and Ventilators Were Recalled?
In 2021, Philips recalled the following CPAP machines:
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced+
- SystemOne (Q-Series)
- DreamStation Go
- Dorma 400
- Dorma 500
- REMstar SE Auto
Philips also recalled the following ventilators:
- Trilogy 100
- Trilogy 200
- Garbins Plus, Aeris, LifeVent
- A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
If you used any of these machines and were diagnosed with a severe illness, call TSR Injury Law to see if we can help you seek compensation. There is limited time to pursue a claim, so it is important to contact us as soon as possible.
Reasons For the Recall
The Philips CPAP recall is a Class I recall, which means the recalled product presents an immediate danger of severe health issues or death. The FDA considers this to be the most severe type of product recall.
The reason for the recall is the polyester-based polyurethane foam inside the device. Over time, the foam breaks down and particles may enter the ventilator or CPAP machine’s air pathway. This could lead to users ingesting these particles. Degradation of the foam could also release gases that could be toxic to device users.
People use these machines for sleep apnea, a condition that interrupts breathing while sleeping. These devices push air into the nostrils, so patients continue breathing easily throughout the night.
People with sleep apnea who are prescribed a CPAP machine use it every night to improve their sleep. That means users of the defective machines may have been exposed to defective foam repeatedly over an extended timeframe. This continued exposure could increase these individuals’ risk of serious health problems.
Patients who currently use a recalled device should contact their doctor right away to determine what to do next. This is likely to include prescribing a different device to mitigate the risk caused by sleep apnea.
Compensation For a Philips CPAP Case
Those who were severely injured by the defective Philips CPAP machines may be entitled to significant compensation. This may include the cost of cancer treatment, appointments with doctors, prescription medication, testing, pain and suffering or even damages for wrongful death caused by the product.
At TSR Injury Law, we are committed to seeking full compensation for our clients. While compensation does not change what happened, it can help victims obtain the medical treatment they need and help mitigate other financial consequences related to their illness.
An initial legal consultation is free and comes with no legal obligation to hire our firm. If you have a case, there are also no upfront fees. You can also rest assured we will be committed to your best interests.
What Is the Status of the Class Action Against Philips?
The September 2023 settlement is for $479 million to reimburse people who bought or rented the recalled CPAP machines or ventilators. The settlement also pays those who reimbursed patients for the cost of the devices.
The personal injury cases are part of a class action that was filed in Massachusetts in 2021. As of September 2023, there have been 716 cases in the class action.
Call Today To Discuss a Philips CPAP Recall Lawsuit
When product manufacturers put consumers at an unreasonable risk of injury, they should be held accountable for the damages they cause.
Those injured by defective Philips CPAP machines should contact an experienced lawyer to explore their potential legal options. An experienced lawyer can determine if you may have a case and guide you through the legal process.
Contact the defective product attorneys at TSR Injury Law to learn more. There are no upfront costs or legal obligations.
Call to schedule your free legal consultation: (612) TSR-TIME.