Philips CPAP Machine Recall Lawyer

If your doctor has prescribed one for you, CPAP machines can improve your sleep. However, a Philips CPAP machine that is defective causes your health situation to deteriorate or worsen rather than improve.

On June 14, 2021, Philips recalled millions of their CPAP, ventilators, and BiPAP sleep apnea machines sold from 2009 to April 26, 2021. You need a Philips CPAP, BiPAP, and ventilator recall attorney from Cochran, Kroll & Associates, P.C. on your side if you have used a Philips medical device that was later recalled and experienced health problems. You can take these steps to find out what you need to do before reaching out to our law firm.

Read the Philips Recall Notice for Your Recalled Device

The Food and Drug Administration (FDA) has identified the Philips recall of their machines as a Class I Recall. The FDA announces a Class I recall when there is an immediate danger of severe health effects or death because of using or being near the recalled equipment. This is the most dangerous type of recall.

Below are the recalled devices as of November 2021.

CPAP and BiPAP Devices

Recalled CPAP and BiPAP device models:

  • C-Series S/T and AVAPS
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne (Q-Series)

Ventilators

Recalled ventilator models:

  • C-Series ASV
  • A-Series BiPAP A30
  • A-Series BiPAP A40
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • Garbin Plus, Aeris, LifeVent
  • Trilogy 100
  • Trilogy 200

How do I find out if my CPAP is recalled?

The FDA advises you to register your device on Philips Respironics’ recall website. When you register your device, Philips either informs you that the recall does not affect it or provides you with a confirmation number showing that it has been recalled.

If your device is one of these recalled products, speak with your doctor about the best treatment option for you, including lifestyle changes and the use of another CPAP machine. Use the FDA’s MedWatch Voluntary Reporting Form to report any problems with a device.

How long did Philips know about problems with CPAP foam?

Philips knew about the problems with CPAP foam deterioration long before the recall notice. In its November 2021 inspection report, the FDA described a history of concerns that Phillips ignored:

  • In an October 2015 email exchange with a raw foam supplier, Philips acknowledged that polyester polyurethane foam had deteriorated.
  • An email from Philips in April 2018 indicated that the company knew of the reports of degraded foam entering equipment or patients’ airways.
  • A breathing unit failure in June 2018 resulted in a field repair. The affected part was mutagenic, cytotoxic, carcinogenic, and non-biocompatible.
  • In a review of consumer complaints submitted to Philips between January 2008 and November 2021, the FDA found over 222,000 complaints containing words like “contaminates, particles, foam, debris, airways, particulates, airpaths, and black.”

Identify Your Health Issues Resulting from the Use of a Defective CPAP Machine

Philips’ sleep apnea breathing machines use polyester-based polyurethane (PE-PUR) sound abatement foam to improve sleep quality for CPAP machine and ventilator patients. The FDA recall notice from June 2021 shows that PE-PUR sound abatement foam may degrade into black particles that users of the device could inhale or ingest.

The user can inhale harmful chemicals from the air tubes of the device, such as volatile organic compounds (VOCs). Humid environments might exacerbate foam damage when using UV-light products and ozone cleaners.

The following potential health risks may arise if you inhale or swallow PE-PUR foam pieces and chemicals released into the device’s air tubes:

  • Allergies and other inflammatory reactions
  • Asthma
  • Dizziness
  • Headache
  • Nausea
  • Persistent cough
  • Skin, eyes, nose, and airway irritation
  • Hazardous and cancer-causing side effects

If you believe your device has caused your illness, your doctor can try to link it to the inhalation of PE-PUR particles and chemicals. Your doctor can talk to you about the proper diagnosis of your illness. They can document every medical treatment you have received or are currently receiving to recover from your illness.

Are there any other health risks associated with the recalled sleep apnea machines?

Without access to CPAP therapy, you suddenly face other health risks. Obstructive chronic sleep apnea results in the upper airway repeatedly collapsing during sleep. As a result, oxygen can’t reach the lungs, resulting in carbon dioxide buildup. When the brain detects this buildup, you remain awake to keep your airway open.

Too long a period without using a CPAP machine can quickly result in sleep apnea issues returning. These issues include:

  • Daytime drowsiness or fatigue
  • Low energy due to fatigue
  • Frequent urination at night
  • Hypertension
  • Morning headaches
  • Mood swings

You are also more likely to suffer from the risk of stroke, blood clots, and heart attacks if you have obstructive sleep apnea. To mitigate the risk of your sleep apnea issues returning, your doctor can advise you to continue using the recalled Philips CPAP device or stop using it.

Work With a CPAP Attorney

You should seek legal advice if a Philips CPAP, BiPAP, or ventilator that you used caused you to develop a life-threatening illness. Consult an attorney familiar with the state’s product liability laws and who is aware of the recall class action lawsuit.

Why do I need a CPAP lawyer?

A manufacturer, such as Philips, has a legal obligation to ensure that their products are reasonably safe and won’t cause injury or illness when used according to instructions. Hiring an experienced, knowledgeable attorney at Cochran, Kroll & Associates, P.C. can help your case move as smoothly as possible.

A wealth of legal knowledge

The laws and regulations surrounding medical devices are complex. Experienced, knowledgeable lawyers at our law firm who specialize in medical devices can help you evaluate the merits of your lawsuit. They can determine if your illness and the recalled Philips product are connected and help you decide the best course of action.

Previous experience in medical device lawsuits

Choose to work with a lawyer who has had experience handling cases related to medical devices. For instance, your lawyer may have experience working with clients to file hernia mesh lawsuits. This type of lawsuit requires a lot of evidence and legal knowledge of negligence. You can ask questions about the attorney’s experience working on a hernia mesh lawsuit and see how their past successful outcomes compare to your case.

Offers legal representation in court

As of January 2022, over 221 class-action lawsuits have been filed against Philips. The claims are merged into a single federal court legal action to streamline the legal process. There is an ongoing class-action CPAP MDL (multi-district litigation) in the US District Court for the Western District of Pennsylvania (Pittsburgh), with Judge Joy Flowers Conti presiding over it. MDLs can go through several stages, and bellwether trials can affect the final settlement amounts for all lawsuits involving Philips products.

You must hire an experienced product liability attorney to prove that your device caused your illness so that you can receive maximum compensation. They can gather relevant information and examine evidence of your illness related to your recalled Philips device thoroughly. Your lawyer can then create a compelling legal argument based on the evidence they gathered.

They can file your lawsuit within the statute of limitations

In Michigan, the statute of limitations for a product liability claim is three years after the date of your injury. If you file your lawsuit after this deadline, you may lose your opportunity to seek compensation. Your attorney ensures your case is ready before that time limit to ensure you are eligible to file your lawsuit.

What documents does the CPAP lawyer need?

To establish damages in a products liability case, you must provide evidence of your illness caused by the defective product. This could include documents like:

  • Your medical records, including the diagnosis of your illness and treatments you are undergoing
  • Health insurance information
  • Medical costs, such as hospital bills and prescriptions
  • Proof of lost wages if you cannot work because of your illness
  • Proof of purchase of your CPAP machine like a receipt or credit card statement

What questions will my CPAP lawyer ask?

To better understand your case, your attorney may ask you some of the following questions during your free consultation:

  • Which Philips CPAP machine did you use before experiencing symptoms?
  • Were you able to report your recalled product to Philips?
  • Do you still own the product, or have you already replaced it or thrown it away?
  • When did you start experiencing symptoms?
  • Have you told your healthcare provider about your illness? If you did, do you have receipts for your medical expenses like your prescriptions and doctor’s visits?
  • Do you have an invoice that you bought the potentially defective device?
  • Are there any other documents that pertain to your personal injury and the product?

In addition, you need to prove that the product caused you to suffer a serious illness that affected your life. Your lawyer can ask you more questions so you can explain the impact of your illness:

  • Are you having trouble paying your monthly mortgage payments because of your medical treatments for your illness? Or are you no longer able to pay your rent?
  • Are you unable to work due to your illness? If so, how has it affected your future earning potential?
  • Have you been experiencing physical or emotional distress?

If you describe the circumstances leading up to your illness and how Philips’ product contributed to it, your free initial consultation can be informative for both you and your attorney. All your answers determine how much damages you can recover in your lawsuit.

It might be helpful to prepare a summary ahead of time to ensure you remember all the important details of your claim in your meeting with your lawyer. Your lawyer may assess your issue efficiently and offer legal options.

What are some possible legal arguments for a product liability case?

Your lawyer may present one of the following legal arguments if you can prove you became ill from using a recalled Philips CPAP machine:

Negligent design

The manufacturer’s errors may cause a defective design during its development. Even if the goods were working perfectly, they had some fault that caused the damage.

To prove the manufacturer failed to show reasonable care, you need to prove the product posed an undue risk of foreseeable injury. Additional evidence regarding the unreasonable risks in the design can demonstrate the manufacturer had no duty of care.

Negligent manufacturing

A negligent manufacturing claim focuses primarily on the product involved. To establish negligence, you must show that the manufacturer failed to develop the products in such a way as to eliminate an unreasonable risk of injury.

Fraud

A manufacturer commits fraud when they make one or more misleading statements regarding a product. In product liability cases involving fraud, the plaintiff’s counsel must show that the defendant made false claims to persuade the plaintiff to buy a product.

What About the Damages From a Philips CPAP Lawsuit?

When estimating the amount of your Philips CPAP lawsuit settlement, your lawyer considers several economic and non-economic damages:

  • The side effects of inhaling foam debris and chemicals from the CPAP machines
  • Recurrent sleep apnea issues after not using the recalled device for a period of time
  • Past or future medical expenses
  • Loss of wages or earning potential
  • Past and current pain and suffering

If your lawsuit is successful, you may receive economic and non-economic damages. However, the non-economic damages are capped at $280,000. If the defective product results in the death of a person or permanent loss of an important bodily function, the damages cannot exceed $500,000.

How a Nurse Attorney Can Help Build Your Case

At Cochran, Kroll & Associates, P.C., we understand the legal complexities of filing a lawsuit against a manufacturer, especially as part of an MDL. Eileen Kroll, one of our senior partners, is also a registered nurse, allowing her to bring a fresh perspective to your claim. Eileen worked as an ICU nurse in a large Detroit hospital at the beginning of her career, until she earned her Juris Doctor and was admitted to the state bar in 1990.

Hiring an attorney with a medical background for your Philips CPAP lawsuit has many advantages. Eileen has a deeper understanding of your injuries, allowing her to delve into why they occurred as a way to build your case.

Work With a Reputable Philips CPAP Lawsuit Attorney

To get legal help regarding Philips’s CPAP machine recall, consider working with Cochran, Kroll, and Associates, P.C. We can help you determine the best approach to winning compensation, which may include filing a claim for damages tailored to your circumstances. Our goal is to stay on top of Philips’ MDL and communicate important information as it becomes available.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

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