Philips CPAP Recall Update: Injuries & Lawsuits
In June 2021, Philips issued a voluntary recall for some of their sleep apnea machines and ventilators due to potential health risks. The recall was issued for specific models of CPAP, BiPAP, and mechanical ventilator devices.
The recall was initiated due to potential risks associated with the polyester-based polyurethane (PE-PUR) sound abatement foam used in the devices. Users might ingest or inhale this material after it breaks down, which could result in serious and long-lasting injuries.
In October 2021, the Judicial Panel on Multidistrict Litigation first consolidated more than 110 federal CPAP lawsuits against Philips under Senior U.S. District Judge Joy Flowers Conti in Pittsburgh, Pennsylvania.
Today, hundreds of cases are in progress and there is still an opportunity to seek compensation for those who were injured. Call our law firm right away if you think that a Philips CPAP machine or medical device has harmed you or a loved one.
Current CPAP Lawsuit Update
June 14, 2023 marks two years since the CPAP recall was first announced. This is significant because of the statute of limitations for injury cases, particularly in states with two-year time limits. There may be exceptions that extend the statute in some cases. However, due to potential upcoming deadlines, it’s imperative to reach out to an attorney now for help with filing a claim.
There are currently over 500 cases pending. The number of cases is expected to grow to over 1,000 by the end of 2023.
In May, Philips set aside $630 million to cover future settlements for consumers who sustained injuries from their recalled CPAP devices. Also that month, the Amsterdam-based company was faced with a $62 million settlement by the Securities and Exchange Commission (SEC), which alleged that the company violated the Foreign Corrupt Practices Act.
In April, the FDA updated their health incidents data, revealing thousands of additional reports of negative health consequences from CPAP machines. Over a period of just 60 days, the number of reported heath events and fatalities significantly increased.
Earlier this year, at the January 2023 monthly status conference, plaintiffs submitted a planned schedule that would start trials sometime in 2024. Defendants proposed a plan where trials would not start until 2025, potentially 2026.
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In September 2022, Philips alerted the public that magnets on its CPAP masks could obstruct metallic implants such as pacemakers, potentially causing grave injuries or death.
Furthermore, Philips issued a second recall for contaminated plastic parts in 1,660 BiPAP machines, which would emit toxic chemicals or suddenly stop the machine from working. Affected users should immediately stop using the machines.
The FDA announced that it had classified it as a Class I recall. This indicates that the agency considers the issue to be of the highest level of severity, meaning that using the affected products could cause serious harm.
Injuries Associated with CPAP Machines
Recalled machines pose special risks because of exposure to particles or gas from degraded foam, including toxic effects, cancer, and respiratory issues. Bladder cancer, lung cancer, and stomach cancer are among the cancers linked to CPAP.
Potential risks associated with recalled devices include:
- Carcinogenic effects
- Chest pressure
- Inflamed lungs
- Nausea and vomiting
- Organ problems
- Sinus infection
- Throat irritation
The FDA has reported more than 98,000 MDRs, including 346 reports of deaths, associated with the PE-PUR foam breakdown or suspected foam breakdown. These injuries included cancer, pneumonia, difficulty breathing, and chest pain.
How to Qualify for a CPAP Lawsuit
Individuals who used a recalled Philips Bi-PAP, CPAP, or ventilator and suffered significant side effects or lost someone they cared about may be entitled to file a lawsuit. Injuries include cancer, respiratory problems, and organ damage.
Philips was negligent in designing and manufacturing the devices and failed to adequately test the foam material used. Philips knew of potential health risks associated with the PE-PUR foam but failed to disclose this information to consumers and healthcare providers.
Compensation may include medical expenses, lost income, and pain and suffering associated with injuries caused by these devices. Survivors may pursue a wrongful death lawsuit if their loved one died from a Philips CPAP or medical device.
We Can Help with the Next Steps
To seek compensation for a CPAP-related injury, you may want to consider taking the following steps:
- Consult with a medical professional: If you have suffered an injury related to CPAP use, it is important to seek medical attention as soon as possible. Your doctor can assess the extent of your injuries and document them, which can be important evidence in any potential compensation claim.
- Keep records of your injuries: Keep detailed records of your injuries, including photographs, medical bills, and any other relevant documentation.
- Contact a lawyer at our firm: Van Law can help you navigate the legal process of seeking compensation for your injuries. We can advise you on your legal options and represent you in negotiations or in court.
- File a compensation claim: Van Law may be able to file a compensation claim against the manufacturer of the CPAP device, the supplier of the device, or any other party that may be liable for your injuries.
Van Law is here to help you fight for the compensation you need and deserve from the Philips CPAP recall. Our attorneys can help you understand your rights and take legal action. Contact us today to learn more and connect with a lawyer near you.
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