Millions of Americans have used Philips CPAP (continuous positive airway pressure) machines to treat cases of sleep apnea. Philips is one of the biggest manufacturers of CPAP devices around the world.
But in mid-2021, after the U.S. Food and Drug Administration raised concerns about the potential health hazards caused by the devices, Philips recalled millions of ventilator devices, including CPAP devices and Bi-Level PAP devices. Upon recalling the devices, Philips announced that they had identified specific health risks linked to the use of the machines, in particular their capacity to cause cancer and other serious health conditions.
At Chris Hudson Law Group, our CPAP attorneys are taking on lawsuits brought by patients who have developed cancer or other serious health conditions as a result of using a recalled Philips ventilator. If you have suffered serious health issues after using one of these defective devices, don’t hesitate to get in touch with one of our CPAP attorneys to discuss your case and determine whether you qualify to seek compensation. We offer a free, no-obligation consultation to all prospective clients. Call (706) 863-6600 today.
CPAP Machines Linked to Risk of Cancer and Other Conditions
All of the Philips CPAP machines that were recalled contain a polyester-based polyurethane sound abatement foam (PE-PUR) component. Users found that this component began to disintegrate over time, causing users to breathe in foam particles. Outgassing also resulted from the degradation of the sound abatement foam, causing users to inhale hazardous chemicals that may have contributed to the development of cancer in some patients.
Philips blamed the foam’s susceptibility to degrade over time on factors such as exposure to high heat and humidity and unapproved cleaning methods. But both the foam particles and the outgassing showed a potential to cause cancer.
The majority of defective CPAP and BiPAP devices that were recalled by Philips were part of the DreamStation product line. At the time of their release, Philips never disclosed or warned that the product had the potential to cause serious health conditions, such as cancer.
Philips indicated that they would immediately begin working to eliminate the hazards posed by the PE-PUR foam, but that action came too late for the many sleep apnea patients who have contracted cancer or suffered other health consequences due to the defective devices.
If you were diagnosed with cancer or another serious health condition after using a Philips CPAP machine, then you could be entitled to recover compensation for medical expenses, lost income, pain and suffering, and more.
Which Devices Were Recalled?
If you are a sleep apnea patient who currently uses or previously used a Philips CPAP or Bi-Level PAP device, then you should examine your machine to determine whether it is part of the voluntary recall. All recalled CPAP and Bi-Level PAP devices that were recalled by Philips were manufactured before April 26, 2021. The recalled devices include:
- Garbin Plus
- Trilogy 100
- Trilogy 200
Continuous Ventilator, Non-Life Supporting:
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced+
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
- A-Series BiPAP A30 (not sold in the US)
- A-Series BiPAP A40 (not sold in the US)
Continuous Ventilator, Minimum Ventilatory Support, Facility Use:
- A-Series BiPAP V30 Auto
- A-Series BiPAP Hybrid A30 (not sold in the US)
- E30 (Emergency Use Authorization)
- DreamStation Go
- SystemOne (Q-Series)
- REMstar SE Auto
- Dorma 400
- Dorma 500
If you own or have used one of the recalled machines, then you should seek medical attention at your earliest convenience. Even if your ventilator appears to be in good shape and you don’t believe that you are suffering from any adverse health conditions, you should still seek an evaluation, as a physician may be able to detect medical issues you aren’t aware of.
During your appointment, you should al5so discuss whether the benefits outweigh the potential risks of continuing to use your CPAP or BiPAP machine. As of September 2021, there is a shortage of these devices due to the recall, and replacing your device may take time. Your doctor will be able to help you determine whether or not temporarily discontinuing the use of the device is an option for you.
If a doctor determines that you are suffering from an adverse health condition, then you could be entitled to seek compensation for expenses you may incur as a result.
Risks of Using Phillips CPAP Machines
Many CPAP users have suffered serious health effects due to the degrading sound abatement foam used in the machines. If you are experiencing any of the following symptoms after using a CPAP machine, it may be a sign that you should get checked out by your physician.
Risks from off-gassing may result in the following conditions and symptoms:
- Respiratory issues1
- Irritated eyes
- Irritated skin
Risks from particulate exposure may result in these symptoms and conditions:
- Chest pressure and tightness
- Sinus infections
- Organ damage, especially in the liver and kidneys
- Irritated eyes and skin
- Respiratory problems
Did My CPAP Machine Cause My Cancer?
When Philips tested the sound abatement foam in 2020, they determined that the foam could potentially cause a patient to develop cancer or other serious health conditions. Although it’s not yet clear if the negative health consequences caused by defective CPAPs are widespread, what is clear is that the risks of using the machines are real.
You should seek medical advice from your oncologist if you developed cancer after using a recalled Philips CPAP or BiPAP device to treat sleep apnea. Your doctor may wish to run tests to determine whether the defective devices may have been the initial cause of your cancer.
What to Do After Exposure to a Recalled CPAP
Other patients did not develop cancer but still suffered from serious health issues after using a recalled CPAP or BiPAP machine. If you suffered from an illness or injury that you believe was caused by your use of the defective machine, then you should:
- Seek medical attention right away. Discuss the recall with your physician, who may be able to help you determine whether or not the device caused your condition.
- Preserve pertinent evidence. For instance, if there are loose foam particles in your CPAP machine, you should take photos of the loose particles and preserve the device, which could help strengthen your lawsuit later on.
- Talk to a CPAP lawsuit attorney to review your legal options. If you have suffered serious health consequences after using a CPAP device, an attorney will be able to help you determine whether you qualify for a CPAP lawsuit and can guide you through the legal process as you pursue the compensation you need and deserve.
Current CPAP Litigation
It remains unclear how many lawsuits may be lodged in the mass tort against the Philips corporation, but as more lawsuits are filed, it’s possible that CPAP personal injury lawsuits will join together in federal multidistrict litigation. This would allow each plaintiff to retain their own lawsuit but would help expedite legal proceedings.
Plaintiffs are expected to cite numerous causes of action as they bring lawsuits against the Philips corporation, including:
- Defective design
- Failure to warn
- Negligence per se
- Gross negligence
- Negligent misrepresentation
- Fraudulent concealment
- Fraudulent misrepresentation
- Consumer fraud
- Breach of implied and express warranties
Compensation for CPAP Lawsuits
If you were diagnosed with cancer or another serious health condition after using a Philips CPAP machine, then you could qualify to seek compensation. The CPAP lawsuit attorneys at Chris Hudson Law Group have the knowledge and experience to investigate your claim, gather crucial evidence to support it, calculate damages you are owed, and aggressively pursue compensation on your behalf.
The purpose of compensation is to help you recover financial losses and non-financial losses that you incurred as a result of using a defective CPAP machine.
Compensation for financial losses is meant to cover monetary costs related to your illness or injury, such as:
- Present and future medical expenses, including hospital bills, cost of scans, tests, procedures, surgeries, treatments, and prescription medications, etc.
- Lost wages if your illness or injury prevents you from working.
- Future loss of income if you are unable to return to your job as a result of your condition.
Compensation for non-financial losses is designed to cover intangible losses caused by the use of the defective product, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
In rare cases, a jury may award a plaintiff punitive damages as a way to “punish” excessively reckless or careless behavior. If a jury finds that Philips behaved in an excessively reckless manner by not disclosing the health hazards of using their CPAP machines, then Philips could be ordered to pay punitive damages to plaintiffs.
Contact Our CPAP Lawyers Today
If you developed cancer or another serious health condition after using a Philips CPAP machine for sleep apnea, then you could be entitled to file a lawsuit against the Philips corporation and pursue compensation for any costs you have incurred as a result of your condition.
The CPAP lawyers of Chris Hudson Law Group have the skills and resources to stand up to powerful corporations like Philips and help you seek the compensation you deserve. Our attorneys have a reputation for getting results. They will evaluate your case, discuss your legal options with you, and help you navigate the legal process, keeping you informed and updated at every step.