Philips CPAP Lawsuit FAQ

CPAP lawsuits Philips Respironics serious health risks Phillips recall CPAP Recall

In June, a voluntary recall by Philips Respironics, affecting millions of its devices, was issued due to potentially serious health risks related to its CPAP, BiPAP, or ventilator machines’ sound abatement foam. Since then, CPAP lawsuits have been filed by those who have suffered injuries after using the recalled devices.

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What do you need to know about the BiPAP and CPAP lawsuits?

Lawsuits filed against Philips, the manufacturer of the CPAP, BiPAP, and mechanical ventilator devices being recalled, are being consolidated into a multi-district litigation, or MDL, in federal court. The benefits of an MDL translate to greater efficiency in the litigation and settlement process. Typically a few cases will be chosen for ‘bellwether’ trials where the outcomes are used to help negotiate settlements.

The MDL is out of the U.S. District Court, Western District of Pennsylvania, under Judge Joy Flowers Conti.

MDL No. 3014 – In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation

Potential causes of action for lawsuits include:

  • Defective design, where the product was manufactured as the design schematics specified, however, the design itself is what makes the device unsafe.
  • Manufacturing defect, where the design may have been sound, but the device was built incorrectly.
  • Failure to warn, there is no warning to the public about foam degradation in the original first-generation DreamStation CPAP manual, therefore, the public was not fully informed about the risks
  • Consumer fraud / deceptive trade practices

Lawsuits being filed claim Philips manufactured a defective device and didn’t properly warn consumers about the risk of health problems.

Questions? Contact us at (877) 284-6600.


What devices have been recalled?

The recall, done voluntarily by Philips on June 14, 2021, affected approximately 4 million devices.

Most of the devices come from Philips’ DreamStation line. The recall affects all serial numbers of the following affected devices (18 products) manufactured between 2009 and April 26, 2021. (80% of the recalled devices are CPAP machines.)

Recalled CPAPs and BiPAPs

  • E30 (Emergency Use Authorization)
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+

Noncontinuous Ventilator

  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

Ventilators

  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP Hybrid A30 (not marketed in the US)

What are these devices?

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CPAP and BiPAP devices are used to treat obstructive sleep apnea.

Philips Respironics offers products for sleep and home respiratory care including CPAP, BiPAP, and mechanical ventilators. These continuous and non-continuous ventilators are used to provide invasive and non-invasive support for people needing respiratory support or treatment for sleep disorders.

CPAP and BiPAP devices are used to treat obstructive sleep apnea. In general, they all work by forcing pressurized air into the user’s airway to open and support the air path.


How serious is the recall?

Due to potential health risks related to the polyester-based polyurethane sound abatement foam used in these devices, the manufacturer, Philips Respironics, voluntarily recalled the devices listed. The US FDA then identified this as a Class I recall, which is the most serious type of recall.

What is the issue?

The recalled devices have sound abatement foam liners that can break down and release particles that can be inhaled or ingested; these devices have no filter to prevent this from happening. The foam also can emit vapors of toxic chemicals beyond the safe exposure level. The toxic chemicals these devices could release include:

  • Toluene diamine (can cause birth defects, cancer, organ injuries)
  • Toluene diisocyanate (can cause cancer, eye injuries, respiratory irritation)
  • Diethylene glycol (can be toxic if ingested)
  • Dimethyl diazine (gas used to make other chemicals)
  • Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)(aka, carbolic acid) – (gas used to make other chemicals)

The foam is more likely to break down with older devices and devices that are used more often. Climate and environmental conditions (i.e., high heat and humidity in locations where devices are stored) can exacerbate the breakdown. Also, according to Philips, unapproved cleaning processes, such as ozone or ultraviolet light can worsen foam degradation


What should you do if you have a recalled device?

If you haven’t already, the first step is to contact your doctor. If you see your device on the list, make sure you speak with your physician to decide on a suitable treatment plan. Even if you don’t see your device listed, it is good practice to confirm and make sure your device is not affected.

Can you get your recalled device replaced?

Yes, Philips has regulatory clearance to replace the defective sound abatement foam in the recalled first-generation DreamStation devices. Philips began its repair and replacement program on September 1, 2021.

Use our online Case Evaluation Request form to request a free consultation and case review.


Should you contact an attorney?

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Consult an attorney who knows defective medical products.

If you plan to take action by filing a lawsuit, the best practice is to contact an attorney who represents the victims (or plaintiffs), who knows personal injury law and understands defective medical devices.

Since most attorneys offer an initial free consultation, be sure you take advantage of this before submitting anything like an Adverse Event report or registering a defective device on the Philips recall website. Your lawyer will advise you on how and when to do any of this since the information you provide to Philips can be used against you.

A personal injury attorney can help you recover compensatory damages for:

  • medical expenses
  • lost wages
  • loss of future earnings
  • pain and suffering
  • other economic losses

In your initial consultation, you and your attorney will assess the situation and decide whether to pursue a case.

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What is involved in filing a CPAP claim?

The best advice is to retain a defective device lawyer. He or she can tell you exactly what documentation is needed, any deadlines that may be looming, and how the process will work. In fact, learning about how the process works is kind of what you will discuss in that free, initial consultation.

Should you keep your old device as evidence?

Yes. In any defective medical device lawsuit, the device itself is important evidence. Anyone who has a recalled Philips device and is considering litigation should not surrender the device unless it is absolutely necessary to get a new device that will not harm them.

Another alternative is to take cell phone pictures of the device, including a close-up of the serial number, and preserve all instruction manuals and receipts.


Who is eligible for a CPAP lawsuit?

If you have been diagnosed with the following after using one of the above devices you should seek counsel from a CPAP Lawsuit Lawyer as soon as possible. 

  • Cancer
  • Acute Respiratory Distress Syndrome
  • Asthma
  • COPD
  • Chronic Bronchitis
  • Emphysema
  • Pneumonia
  • Bronchiectasis
  • Lung collapse/damage
  • Reactive airway disease
  • Liver Damage/disease/failure
  • Kidney damage/failure
  • Migraines
  • Chemical poisoning

There is no defined “signature injury” in these cases. Instead, you will find a broad scope of potential injuries as shown above.


WHY HIRE NASH & FRANCISKATO?

If you or a loved one developed cancer, respiratory issues, or other serious health problems after using one of these defective Philips CPAP machines, contact the law offices of Nash & Franciskato at (877) 284-6600. The time to request your free, no-obligation case review is today. We will help you determine if your Philips breathing device is the cause of your health issues. We will review your case in a free and confidential consultation, with no risk or obligation to take legal action.

Call us today at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case.

START YOUR FREE CASE EVALUATION TODAY

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