Philips CPAP Recall Lawsuits

Our lawyers are filing claims for those who’ve developed cancer, respiratory illness, organ disease, heart attack or stroke after using defective Philips CPAP machines.

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Philips CPAP claims are being consolidated to a special MDL court. Those who have suffered the following injuries should inquire:

  • Lung, kidney, liver or colon cancer
  • Lung damage or difficulty breathing
  • Pneumonia or respiratory failure
  • Liver or kidney disease.

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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. 

philips cpap lawsuit

CPAP Devices Linked to Cancer & Other Illnesses

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:

  • DreamStation ASV, ST & AVAPS
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation GO CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE Auto CPAP
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus In-Lab Titration Device
  • SystemOne ASV4 & Q Series
  • Trilogy 100 & 200 Ventilators
  • Garbin Plus, Aeris, LifeVent Ventilator
  • A-Series BiPAP V30 Auto Ventilator
  • E30 (Emergency Use Authorization).

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.

Do I Qualify for a CPAP Recall Lawsuit?

The defective sleep apnea devices were marketed to help patients with their breathing, but may have instead contaminated their airways and put them at risk of cancer. 

What’s more, lawyers question whether Philips knew about these health dangers for years, but waited to issue a recall until they were ready to launch replacement models. 

Already, class action and multidistrict litigation (MDL) lawsuits have been filed against the company on behalf of those affected. Lawyers believe hundreds of thousands of people may ultimately seek compensation from Philips. 

If you have been diagnosed with any of the following after using a CPAP, BiPAP or mechanical ventilator, you may qualify for a lawsuit:

  • Lung cancer
  • Kidney cancer
  • Liver cancer
  • Colon cancer
  • Lung damage
  • Difficulty breathing
  • New or worsening asthma
  • Heart attack
  • Pneumonia
  • Stroke
  • Respiratory failure
  • Liver disease
  • Kidney disease.

After speaking with your doctor about alternative treatment options, it is important to consult an attorney about whether you are also entitled to compensation. 

Those who’ve used the recalled CPAP devices should look for symptoms of toxic chemical and particulate exposure, which may include:

  • Persistent coughing
  • Persistent sore throat
  • Persistent headaches
  • Lung inflammation
  • Nausea and vomiting
  • Carcinogenic effects

Those injured by the defective CPAPs may be entitled to substantial compensation to cover medical expenses, replacement devices, lost earnings and pain and suffering. To learn more or speak directly with an attorney about your case, contact us today.

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Timeline of CPAP Lawsuits

Latest Information on Philips CPAP Litigation

Lawyers file to establish a multidistrict litigation (MDL) court for victims of CPAP cancer, respiratory illness and organ disease.
Lawyers file a class-action lawsuit in Massachusetts federal court for consumers affected by the Philips CPAP recall.
Philips issues a recall of 18 CPAP, BiPAP and mechanical ventilator models due to chemical and particle toxicity.
Philips issues an initial safety notification on CPAP devices due to concerns about PE-PUR foam toxicity.
Dr. Colin Sullivan invents the first CPAP device while studying SIDS with the help of snoring dogs.

Is there a CPAP Class Action Lawsuit?

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.

Choosing a CPAP Injury Lawyer

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.

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