Sleep apnea is an extremely common condition, with close to a quarter of Americans over 30 struggling with breathing while sleeping. When your breathing is shallow or even temporarily stops at night, you can experience health problems ranging from simple fatigue to high blood pressure, heart disease, Type 2 diabetes, and stroke.
The most common treatment for sleep apnea is Continuous Positive Airway Pressure (CPAP) therapy. With CPAP therapy, a machine worn while you sleep delivers positive airflow through a mask worn over your nose and mouth. This airflow creates pressure that prevents your airway from collapsing or closing during breathing at night.
But what if your CPAP machine is causing medical problems, like cancer? That’s where a CPAP lawsuit and a specialized CPAP lawyer can help you.
The Problem with Philips CPAP Machines
Despite the help that CPAP therapy can provide, a problem has recently been discovered with many of the machines made by Philips.
The defective Philips CPAP machines contain a polyester-based polyurethane foam used to make them quieter, but this foam degrades over time, releasing particles and chemical gasses.
Ingesting these particles or breathing in the gasses could put a Philips CPAP user at risk of developing serious illnesses, including:
- Respiratory diseases
- Liver disease
- Kidney problems
A wide range of cancer types have been associated with exposure to this chemical. Murphy & Prachthauser is currently helping people claiming injuries as a result of their use of a Philips brand CPAP or BiPap machine with their easy to use free online case evaluation. A lawyer can help you understand all of the details of the Philips CPAP recall lawsuit.
What Are the Details on the Philips CPAP Recall Lawsuit?
As a result of the problems with the foam in certain CPAP machines, Philips voluntarily recalled numerous products in June of 2021. The recalled machines were manufactured and sold between 2009 and 2021 and include the following models:
- C Series S/T, AVAPS
- Dorma 400, 500 CPAP, Auto CPAP
- DreamStation ASV
- DreamStation CPAP, Auto CPAP, BiPAP
- DreamStation GO CPAP, APAP, Auto CPAP
- DreamStation ST, AVAPS
- OmniLab Advanced Plus
- REMstar SE Auto
- System One 50 series
- System One 60 series
- SystemOne ASV4
- SystemOne (Q-Series)
The U.S. Food and Drug Administration (FDA) considers the Philips CPAP recall to be Class 1, which is the most serious class: using these recalled machines may cause serious injuries or death.
This recall has resulted in numerous lawsuits against Philips by CPAP users who claim that they have suffered health problems, including cancer, from using the defective machines.
The plaintiffs in these lawsuits are suing Philips on product liability and negligence grounds, including:
- Defective design
- Product manufacturing defects
- Failure to warn consumers
- Lack of disclaimers
- Consumer fraud
- Deceptive trade practices
- Fraudulent concealment
These lawsuits have been consolidated into an MDL, or multi-district legislation, in federal court. MDLs are similar to class action lawsuits in that they make the litigation process easier, but unlike class-action suits, each plaintiff’s case remains separate. The Philips CPAP MDL was formed in October of 2021, and individual cases will eventually go to trial.
What Should Users of the Recalled Philips CPAP Machines Do Now?
If you have been using a Philips CPAP or BiPAP that was recalled, your first step should be contacting your doctor. This will ensure that you get the care you need, including a safe machine replacement. The next step should be contacting a local, trusted personal injury attorney to discuss your options regarding filing a lawsuit.
Why You Need An Experienced Lawyer
Your lawyer can advise you on issues like the statute of limitations for filing your suit and preserving any evidence (your machine, medical records, and videos or photographs). Be sure that you have discussed your options with your lawyer before you submit an adverse event report with the FDA or register your machine on the Philips Respironics recall website.
If you have used a Philips brand CPAP or BiPap machine and have been diagnosed with cancer, respiratory diseases, liver disease, kidney problems, or other issues that your machine may have caused, please complete a 2-minute free online case evaluation or contact Murphy & Prachthauser directly to learn more about your options.
There are no out-of-pocket costs for you to discuss this with us. Murphy & Prachthauser has been helping their Wisconsin neighbors for over 40 years, with offices in Downtown Milwaukee, Southside Milwaukee, Waukesha, Mequon, and West Bend.