CPAP and Sleep Apnea Machine Lawsuits
Have you suffered an illness due to using a CPAP or sleep apnea machine? Continuous positive airway pressure (CPAP) and other breathing devices made by Philips Respironics have been recalled due to serious risk of harm from dangerous materials they contain. Rosen Injury Lawyers can help you understand what this means for you.
With more than 75+ years of combined experience, our top-rated injury lawyers have won hundreds of millions of dollars in life-changing awards for victims just like you. As a proven leader in the area of complex mass tort litigation, we fight for justice for victims injured by defective medical devices and other products.
If you’ve used one of the affected machines and are experiencing health problems, Rosen Injury Lawyers can help determine whether you can file a CPAP and sleep apnea machine lawsuit.
Call or contact us online to talk with one of our CPAP and sleep apnea injury lawyers to learn more about your options. Consultations are always free.
How Rosen Injury Lawyers Can Help After Suffering a CPAP and Sleep Apnea Machine Sickness
There is no excuse for a company that is supposed to help people suffering from breathing to put a product on the market that causes them harm. Our experienced mass tort injury lawyers have over half a century of combined experience fighting for victims of illness and injury caused by defective products.
When you let us handle your case, we’ll:
- Launch a comprehensive investigation into your case
- Collect all evidence of what the company knew about the defects in the machine that caused your illness
- Subpoena records and depose corporate witnesses to get information to support your case
- Review all your medical records to ensure they reflect a complete assessment of your illness
- Negotiate for a settlement that covers all of your damages, including future medical treatment
- Send a top-rated trial attorney to fight your case in court, if necessary
We put all of our resources behind your case to get you the best possible result. When a company you trusted to help ease a medical condition has instead caused you serious illness, they need to be held accountable. Contact us today to let us get started fighting for you.
What Are CPAP and Sleep Apnea Machines?
These machines are designed to help you breathe. They are primarily used to treat sleep apnea by helping you breathe while you’re sleeping. Which machine you might use depends on the severity of your sleep apnea. Some of these machines may also be used to treat COPD.
A CPAP machine keeps your airway open by providing a steady stream of air through a mask as you inhale.
A bilevel positive airway pressure (also known as BiPAP, BiLevel PAP, or BPAP) machine pumps air under pressure into the airway of the lungs as you both inhale and exhale.
A continuous ventilator mechanically controls or assists your breathing by delivering a set percentage of oxygen in the breathing gas.
Why Are People Filing CPAP and Sleep Apnea Machine Lawsuits?
Lawsuits have been filed in connection with health hazards caused by using certain Philips ventilators, CPAP machines, and BiPAP machines.
The Health Risk
Health risks are caused by the polyester-based polyurethane (PE-PUR) sound abatement foam, which Philips used to reduce sound and vibration in the affected devices. Hazards are caused when the PE-PUR foam breaks down or off-gases toxic chemicals into the breathing airway of the machine.
In June 2021, Philips issued a recall notice for certain machines, acknowledging that the hazardous foam could cause life-threatening or permanent injuries.
The recall is considered a Class I recall by the US Federal Drug Administration (FDA) due to the potential for serious injury or death.
Some people are filing lawsuits based on inconvenience and costs associated with the fact that they can no longer use the breathing machines due to the recall. Other people are alleging injuries due to using the machines.
Shortly after the CPAP machine recall, several class-action lawsuits were filed in various states due to people not being able to use their machines or having to purchase replacement machines.
Other individual lawsuits have been filed alleging personal injuries. Some lawsuits may contain a combination of both issues. It’s still early in the process and there will no doubt be more lawsuits to come.
What’s the Status of CPAP and Sleep Apnea Machine Lawsuits?
The lawsuits are still in the very early stages. As of early October 2021, more than 110 federal lawsuits have been filed in connection with the hazardous machines.
Those lawsuits were consolidated into Multidistrict Litigation, which combines certain procedural aspects of similar cases before one judge to allow them to proceed through the court system more efficiently.
Once the first few cases are heard, it gives the rest of the plaintiffs an idea of how the cases might shake out. It can affect settlement negotiations and help you determine how to proceed.
It’s very likely that the number of personal injury lawsuits will increase substantially as more people get documentation together and map out their legal options with their attorneys.
What Injuries Are Caused by Recalled Philips CPAP and Sleep Apnea Machines?
The PE-PUR foam in Philips sleep apnea machines can cause serious injury in two ways:
- Swallowing or inhaling black debris or PE-PUR particles released into the device’s airway as the foam breaks down
- Inhaling other chemicals released by the PE-PUR
The foam degradation may be exacerbated by high heat and high humidity environments. It may also be made worse by using unapproved cleaning methods, such as ozone.
The potential risks of exposure to PE-PUR particles include:
- Skin irritation
- Eye irritation
- Respiratory tract irritation
- Inflammatory response
- Toxic or carcinogenic effects to organs, such as lungs, kidneys, and liver.
Philips has already received complaints about the presence of black particles within the device’s air pathway from users of the affected devices.
The potential risk of inhaling other chemicals released by the PE-PUR include:
- Irritation in the eyes, nose, respiratory tract, and skin
- Toxic and carcinogenic effects
Even if the material doesn’t break down, it can be harmful due to toxic fumes that are released.
Which CPAP and Sleep Apnea Machines Are Included in the Lawsuits?
The affected breathing devices were manufactured by Philips Respironics between 2009 and April 26, 2021. The recall affects 3 to 4 million machines, about half of which are in use in the United States. You can check the Philips website to confirm whether your device is affected.
CPAP and Bi-level BAP Machines
The following CPAP and BiPAP machines are included in the recall:
- E30 DreamStation ASV
- DreamStation ST, AVAPS SystemOne ASV4
- C-Series ASV
- C-Series S/T and AVAPS OmniLab Advanced+ SystemOne (Q-Series) DreamStation DreamStation Go Dorma 400
- Dorma 500
- REMstar SE Auto
If you’ve used any of these machines and are experiencing illness, it’s worth it to contact a mass torts lawyer to see if you could have a valid case.
The following ventilators are included in the recall:
- Trilogy 100
- Trilogy 200
- Garbin Plus, Aeris, LifeVent
- A-Series BiPAP Hybrid A30 (not marketed in the US) A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
Many people think of ventilators as huge machines used only in hospitals. But this isn’t always the case. Some are smaller and portable. These are more often used in treating COPD.
I Have a CPAP or Sleep Apnea Machine – Can I File a Lawsuit?
Maybe, but it’s not that simple.
You may be able to file a lawsuit if:
- You used one of the recalled Philips machines, and
- You’ve experienced sickness, illness, or other damages caused by the machine.
If you have experienced illness or sickness after using one of the recalled sleep apnea devices (or any medical device for that matter), keep detailed records of your purchase of the machine and all of your medical treatment.
The lawsuit will be considered a product liability case. These cases are incredibly complex. What’s involved if you file a claim will be based on the specific facts of your case.
The cases already filed seek damages based on:
- Product liability
- Failure to warn
- Breach of warranties
- Unfair business practices and consumer-law violations
- Punitive damages for fraud
We exclusively handle cases involving defective products. We know the complexities of these cases, and we routinely achieve outstanding results for our clients. We’ll evaluate your case for free and give you our honest assessment of whether you have a valid case.
What Damages Could I Get in a CPAP or Sleep Apnea Machine Lawsuit?
You can seek damages to compensate you for direct financial costs related to injuries or illnesses caused by the CPAP or sleep apnea machine (economic damages). You can also seek damages for intangible losses such as pain and suffering (non-economic damages).
Economic damages cover things like:
- Medical bills
- Lost past and future wages
- Cost for replacement medical devices
- Nursing care
- Other out-of-pocket costs
Non-economic damages cover losses without a specific price tag, such as:
- Pain and suffering
- Loss of enjoyment of life activities
- Loss of consortium
These are more subjective losses, but they often have a devastating impact on your quality of life.
Punitive damages may be available. These are damages that don’t compensate you, but instead punish the defendant for severely harmful behavior. While punitive damages are generally rare, it’s possible they could be appropriate in these lawsuits if Philips knew the material they were using was harmful and continued using it.
Your CPAP and Sleep Apnea Machine Lawsuits Attorneys
The legal team at Rosen Injury Lawyers has the training, experience, and knowledge to handle the most complex and challenging cases. Our award-winning lawyers include former corporate and insurance defense attorneys. We know what the other side’s next moves will be. And we’ll use that to your advantage.
If you’ve experienced any illness or sickness, contact our CPAP and sleep apnea machine lawyers today to see if you’re eligible to file a lawsuit. We serve clients nationwide, so we help wherever you are. We offer free consultations, so there’s no risk to you.