Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
For those diagnosed with sleep apnea or experiencing symptoms that may be preventing deep sleep, a continuous positive airway pressure, or CPAP, machine is often prescribed. These are commonly used to treat sleep apnea by providing a constant airflow to keep the airway open. They don’t provide oxygen, only air pressure. This prevents pauses in breathing during sleep, which in turn, improves oxygen levels and sleep quality. Treating sleep apnea helps maintain heart health and daytime energy and helps avoid long-term complications.
Proper use and cleaning of CPAP equipment according to manufacturer guidelines is critical. This includes changing filters regularly, disinfecting properly and replacing old parts when needed. A doctor should always be consulted regarding any concerns about any CPAP treatment. Overall, the benefits of treating sleep apnea with a CPAP machine are well-established, and the cancer risks are minimal when the machine is properly maintained.
Why Did Philips Recall Its CPAP Machines?
In June 2021, Philips recalled some of its CPAP, BiPAP and ventilator devices due to potential health risks from the polyester-based polyurethane, or PE-PUR, sound abatement foam used in the machines. While the foam was intended to dampen sound and vibration, it may break down and emit small particles and gases. These may be inhaled or ingested by users of the machines.
The chemicals emitted may include volatile organic compounds and potentially toxic or carcinogenic compounds, such as formaldehyde. Long-term exposure to elevated levels of these compounds may pose cancer risks, organ issues, and other health concerns. However, Philips stated the potential risks were related to the breakdown of the foam itself, not the normal operation of the CPAP machines.
The recalled models were certain CPAP, BiPAP, and ventilator devices manufactured before April 2021. Philips estimated that 3-4 million machines were affected worldwide, and the potential health risks were low overall for individual patients. Nevertheless, Philips proceeded with the massive recall due to the many users potentially affected.
Philips recommended that those using impacted devices consult with their doctors. Discontinuation or switching to other therapy may be recommended in some cases. While the risks were considered relatively low, the foam degradation in the recalled Philips machines may potentially cause elevated exposure to hazardous compounds for CPAP users over time. This prompted the widespread recall.
PE-PUR (Polyester-Based Polyurethane)
PE-PUR is a polyester-polyurethane foam used as a sound abatement material in some Philips CPAP and ventilator devices before being recalled. It’s a flexible foam material often used for cushioning and padding in many products. This foam can break down over time, especially with exposure to heat and humidity. As it degrades, the foam emits small plastic particles and gaseous chemicals.
During testing, some potentially harmful chemicals were released, such as:
- Dimethylformaldehyde, dimethylacetamide, phenol, and toluene — otherwise known as volatile organic compounds, or VOCs, which can cause irritation and long-term health effects
- Particles containing antimony trioxide, a toxic metal compound and potential carcinogen
- Formaldehyde, another known carcinogen, even at low exposure levels
- Toxic breakdown compounds, such as acetaldehyde, naphthalene, and caprolactam
When a CPAP user breathes warm, humidified air through the device over many hours per night, the foam can accelerate its degradation and chemical emissions. PE-PUR foam starts breaking down after several years, and the degradation occurs faster when the foam is exposed to heat and humidity. This makes it unsuitable for use in medical devices, such as CPAPs.
What Injuries Have Been Reported?
Concerning symptoms have been reported, but conclusive evidence directly linking severe effects, such as cancer, to the affected Philips machines hasn’t yet been verified.
Some reports, however, have mentioned symptoms including:
- Headaches
- Irritation and inflammation of airways
- Sinus infections
- Asthma
- Pneumonia
- Persistent cough
- Nausea
- Chest pain
- Respiratory issues
- Weight loss
- Fatigue or weakness
Since inhalation of harmful chemicals may cause long-term effects, caution is advised. Testing and investigations are currently ongoing.
Types of Cancer Linked to PE-PUR
According to the National Institute of Health, an increased risk of cancer hasn’t directly been associated with the use of Philips CPAP machines. However, some lawsuits and studies claim certain types of cancer result from exposure to the chemicals released by PE-PUR breakdown.
Some of these may include:
- Nasopharyngeal cancer
- Leukemia
- Lymphoma
- Lung cancer
- Bladder cancer
- Liver cancer
- Stomach cancer
- Myeloma
- Papillary carcinoma
- Thyroid cancer
Others have been reported, so despite the lack of conclusive evidence thus far, continued research on the potential long-term risks is warranted.
What Kind of Evidence Must You Provide to File a Claim?
Developing cancer after using a recalled Philips CPAP device can be frightening and overwhelming. It’s crucial to prioritize your health and well-being by promptly seeking medical care and following your doctor’s recommended treatment plan. Keep all medical records related to your CPAP use and cancer diagnosis.
Also consult with your physician about replacing your CPAP machine or exploring alternative therapies for your sleep apnea since discontinuing treatment altogether could be unsafe. The benefits provided by the use of a CPAP machine currently far outweigh the potential reported risks. Don’t stop using your CPAP device until your doctor approves an appropriate alternative.
Next, consider connecting with a lawyer who handles lawsuits related to recalled Philips CPAP machines. Many former patients are pursuing legal action to hold the manufacturer accountable for damages suffered. An attorney experienced in this type of case can evaluate your situation, advise if you may qualify for a claim, and guide you through the initial steps toward potential compensation.
Clear records are required to file a claim successfully. You should have:
- Proof of owning/using a recalled Philips CPAP device (purchase receipts, prescription records, medical records, device serial numbers)
- Medical records related to your diagnosis and treatment
- Evidence of financial damages (medical bills, proof of lost income, disability costs)
- Product details (serial number, model name/number and date of manufacture)
- Maintenance records
- Duration of use
Financial settlements from these lawsuits aim to cover various losses patients experience from a cancer diagnosis linked to the recalled devices. This may include:
- Substantial medical expenses
- Lost income
- Disability accommodations
- Pain and suffering
- Emotional distress
- Reduced quality of life
An attorney can estimate your settlement value and fight for maximum compensation based on the specifics of your case and condition.
If you used a Philips CPAP that has now been recalled and you later developed cancer or other health issues, you deserve justice. An experienced defective medical device attorney can fully handle your case while you focus on treatment and recovery. Following your diagnosis, connect with a lawyer as soon as possible to explore legal options and determine the best path toward fair restitution.