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Recall Explained.

Philips CPAP Lawsuit & Litigation Info

Amidst growing concerns and emerging legal battles, the Philips CPAP recall has ignited a flurry of claims and lawsuits across the United States. These lawsuits are rooted in allegations of devices being poorly designed, leading to a multitude of health issues for sleep apnea sufferers. The recall, which was voluntarily initiated by Philips, came after discovering that the sound abatement foam, a product used in CPAP, BiPAP and mechanical ventilator devices, could degrade and project harmful particles into the machine’s airway and be ingested by the user. 

This issue has underscored serious questions about quality and safety, propelling CPAP and BiPAP machine users to seek compensation for economic damages, health adversities, severe injuries and in the most unfortunate cases, wrongful death claims. 

In response to this need for justice, class action lawsuits have surfaced, helping affected users navigate the litigation process more confidently. Patients and families who’ve been left to grapple with the toxic effects and consequences of using recalled Phillips CPAP and BiPAP machines are now exploring avenues to file further personal injury claims and recall lawsuits against Philips. 

On this page, we’ll explain what you need to know about the Philips CPAP and BiPAP lawsuits, including the steps to take if you or a loved one has been adversely affected by the Philips CPAP recall. 

Machines Explained.

About CPAP and BiPAP Machines

Continuous Positive Airway Pressure (CPAP) machines are an invaluable tool for people who live with sleep apnea, a condition that causes the airway to constrict or become obstructed intermittently during sleep, resulting in a temporary reduction in oxygen levels and pauses in breathing.

A CPAP machine is designed to deliver continuous streams of compressed air through a hose and mask to keep the user’s airway open and unobstructed throughout the night. The device mitigates the risk of severe health complications that are often associated with sleep apnea, including cardiovascular disease, daytime fatigue, and ongoing memory problems.

CPAP machines are typically recommended for individuals with obstructive sleep apnea. Those who’ve been prescribed to use one of these machines are advised to do so every night to ensure the efficacy of their treatment and overall quality of life. 

Bi-Level Positive Airway Pressure (BiPAP) machines are akin to CPAP devices in that they help those with respiratory problems during sleep. However, they have a distinct difference: They use two separate air pressure levels to help with both inhalation and exhalation. 

BiPAP machines are typically recommended for individuals who’ve been diagnosed with more complex respiratory conditions, such as central sleep apnea. They may also be prescribed for those with obstructive sleep apnea when a CPAP machine can’t be tolerated or isn’t providing the desired results. 

Learning the Difference.

The Difference Between CPAP and BiPAP

While CPAP and BiPAP machines both serve to assist those with sleep-related breathing issues, their primary distinction hinges on air pressure and delivery. CPAP machines deliver constant, steady air pressure while BiPAP machines provide variable pressure that adapts to the user’s breathing pattern. While the choice of machines is usually determined by medical evaluation, it can sometimes come down to overall comfort while using the device.

In the context of the Philips recall, users of CPAP and BiPAP machines have both been thrust into an unsettling predicament, forced to weigh the risks of continued use against the risks of sleeping with breathing difficulties. Balancing health requirements with safety has become a pivotal and sometimes difficult discussion among health care providers and patients alike. 

Recall Explained.

The Philips CPAP and BiPAP Machine Recall

In June 2021, Philips issued a wide-reaching recall for numerous models of its CPAP and BiPAP machines, in addition to certain mechanical ventilators. This action was instigated following the discovery that the polyester-based polyurethane (PE-PUR) sound abatement foam utilized in these machines was prone to degradation and, in some cases, could emit particulates and various volatile organic compounds (VOCs) that users might inhale or ingest during use.

To verify the recall details and stay abreast with ongoing updates, affected parties are recommended to visit the official Philips website or the U.S. Food and Drug Administration (FDA) website for accurate and trustworthy information.

Some of the affected devices include:

To determine if a specific device is included in the recall, be sure to check the official recall notice or contact Philips directly.

Adverse Health Effects.

Why Lawsuits Were Filed Against Philips

The cascade of lawsuits against Philips primarily originated from the allegations that the degradation of the PE-PUR foam could expose users to risks of developing harmful health effects, including but not limited to respiratory issues, irritation, inflammation and even potential toxic and carcinogenic effects. Critics and claimants asserted that Philips was aware of the defects and potential risks for years before the recall was initiated, thus placing them under scrutiny for not taking timely action to mitigate risks and inform users and healthcare providers.

Several studies and analyses have underscored the potential risks associated with the inhalation or ingestion of particulates and VOCs. For example, the U.S. Environmental Protection Agency (EPA) has detailed various adverse health effects associated with VOC exposure.

Lawsuits ensued, with claimants citing grievances such as personal injury claims, wrongful death claims due to alleged exposure to harmful chemicals from the degraded foam, economic damages from purchasing defective devices and punitive damages for the alleged negligence and misconduct by the company. Philips now faces multidistrict litigation wherein numerous individual cases have been consolidated to expedite proceedings and enhance efficiency in the judicial process.

Stay Informed.

Latest News

As of October 2023, the Philips CPAP and BiPAP recall was the subject of more than 700 pending lawsuits. Thus far, Philips has agreed to pay a settlement in excess of $479 million in class action lawsuits. It’s unknown how this settlement will be distributed or when the final payments will be issued to victims. These issues will likely be determined by the courts once all lawsuits pending against Philips have been filed and reviewed. In most cases, this type of lawsuit sees payments divided among and issued to plaintiffs based on their degree of suffering. For example, those with wrongful death suits or lawsuits claiming permanent injury are more likely to pay higher than those that don’t include severe claims.

Still Have Questions?

We're Here to Help You

Understanding the complexities of the Philips CPAP lawsuit can be challenging due to the complicated nature of the equipment involved, as well as the potential outcomes and risks associated with discontinuing the use of the product in question. Below, we address some of the most commonly asked questions about this lawsuit. 

Individuals who may qualify for the Philips CPAP lawsuit include users of the recalled Philips CPAP, BiPAP, and certain ventilator devices, who've experienced adverse health effects, economic losses or other damages potentially related to the issues specified in the recall. This could range from experiencing health issues resulting from exposure to degraded PE-PUR foam particulates or VOCs to economic damages related to the purchase and replacement of the recalled devices. It’s crucial to consult with a qualified attorney who can review your case details, medical history and device usage to determine eligibility and the most suitable course of action.

Determining an average payout or settlement amount in ongoing litigation can be speculative and varies widely based on numerous factors, including the specific damages incurred, the jurisdiction and the specifics of each individual case. Past defective medical device lawsuits have seen varying settlement amounts, ranging from thousands to millions of dollars, contingent upon the individual’s situation and the factors involved in their claim. Exact figures for the Philips CPAP lawsuits might be obtainable once initial cases are settled or if Philips agrees to a global settlement for all claims.

The timeline for the settlement of the Philips CPAP lawsuit remains indeterminate and is influenced by numerous variables, including the legal strategies employed by both sides, the number of cases and the complexity of the issues being litigated. Legal processes, particularly those involving numerous plaintiffs and complex issues like this one, can span several months to several years. Staying in regular communication with your legal team will ensure you’re kept abreast of any developments pertinent to your case.

Joining the Philips CPAP class action lawsuit or any specific lawsuit related to the recall often begins with reaching out to a law firm that is handling such cases. Legal firms handling the case will typically have a process for evaluating potential claims, which generally involves reviewing your medical records, usage of the device and any consequent health impacts or damages you have suffered. If your case is deemed viable, you will typically be required to provide additional information and documentation and may need to agree to legal representation by the firm.

Still Have Questions?

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