In June, Philips announced a recall of thirteen different CPAP, Bi-Level PAP, and mechanical ventilator device models over risks that the sound cancelling foam can lead to inhalation of contaminants and/or toxic chemicals.
The CPAP recall affects approximately 4 million U.S. patients, including 300,000 veterans. The primary concern is that the foam, made from polyester-based polyurethane (PE-PUR), can emit chemicals or degrade into small particles that can be inhaled or ingested.
The inhalation or ingestion of toxic chemicals from PE-PUR can lead to certain cancers, respiratory illnesses, heart attack and organ failure. Some patients have even reported seeing black debris from these volatile organic compounds in their breathing tubes.
Which CPAP machines have been recalled? The Philips CPAPs and ventilators included in the recall include:
Since Philips manufactures approximately 65% of all CPAPs used in the U.S., anyone who suspects their CPAP may be affected is urged to learn more or speak with their doctor.
Reports suggest Philips may have known about CPAP chemical and particle exposure risks for years but did nothing to protect consumers. If true, they could owe substantial damages to those affected. Now, lawyers are helping those injured by CPAPs file lawsuits.
Latest Information on Philips CPAP Litigation
Yes. Lawyers have filed two types of mass-tort lawsuits on behalf of victims of the CPAP recall: a CPAP Class Action Lawsuit and a federal multidistrict litigation (MDL) court petition.
However, it’s important to know the difference between these types of lawsuits and which one may be better for your case.
The Philips CPAP Class Action Lawsuit (Shelton, et al. v. Koninklijke Philips N.V., et al.), filed on June 29th in Massachusetts, is designed to reimburse consumers who suffered monetary damage to replace their recalled CPAP devices, but did not suffer injury.
For those who developed cancer, respiratory illness, organ disease or other serious injury from their recalled CPAP devices, an individual lawsuit can be filed in the appropriate district, then consolidated with other similar cases in a federal multidistrict litigation (MDL) court.
This MDL lawsuit, which was filed on July 7th, is known as IN RE: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation (MDL No. 3014).
The multidistrict litigation (MDL) venue is usually much more beneficial for victims than a class action lawsuit. In a class action lawsuit, one group of lawyers gather class participants who must share whatever is awarded. However, the individual participants in a MDL are able to select their own lawyer, exercise more control over their case and whether it settles, and reap higher award amounts for their separate lawsuit.
DrugNews works only with lawyers that have served on numerous MDL Steering Committees and are integrally involved in the CPAP litigation. Contact us to speak directly with a lawyer at no cost today.
If you or a loved one have developed cancer, respiratory illness or organ disease after using a recalled CPAP, BiPAP or ventilator, it’s important to have your case examined by a legal expert to see if you are entitled to compensation.
Our qualified medical device injury lawyers will fully investigate your case, reviewing medical records, safety warnings and recent studies that your doctor may not normally discuss.
Most states allow you several years to file a lawsuit after you suffer an injury or discover it may be linked to a dangerous product. However, you should begin the process as early as possible to make sure your lawyer has time to get necessary records and prepare your case.
DrugNews works only with attorneys and law firms that have successfully handled tens of thousands of lawsuits involving injury or death from drugs and medical devices. And, you can speak directly with a lawyer or patient advocate today, so you’ll be able to decide if you want to proceed.
We make it easy to get help, find out what your case is worth, and quickly file a claim. Our service is offered at no cost, and you won’t pay anything to your attorney unless you receive an award. Also, our lawyers can handle most aspects of your case without you ever leaving your home.
For more information, or to learn about your options - call, chat or email us today.