Fighting for the Victims of Philips CPAP Machines
At Philly Injury Lawyer, we understand the physical and emotional toll defective medical devices can take on individuals and their families. Our commitment to you is simple but powerful: "We Win or It's Free." We don't just offer legal services; we provide a promise of unwavering support and relentless pursuit of justice.
If you or a loved one have experienced health issues as a result of a Philips CPAP machine you may be entitled to compensation outside of the 2024 settlement
the Philips CPAP Machine Recall
Philips, a well-known global technology company, specializes in various health technology products, including Continuous Positive Airway Pressure (CPAP) machines, which are commonly used to treat obstructive sleep apnea (OSA). In June 2021, Philips issued a recall for certain CPAP, BiPAP, and ventilator machines due to potential health risks associated with a component in these devices. This recall has raised concerns and questions about the possible side effects of using these machines.
The Philips CPAP machine recall is a significant event in the healthcare and medical device industry, with far-reaching implications for patients, healthcare providers, and the manufacturer itself.
The recall was initiated after Philips identified potential health risks related to the polyester-based polyurethane (PE-PUR) sound abatement foam used in these machines. The foam is intended to reduce noise and vibration in the devices, enhancing user comfort. However, it was found that the foam could degrade into particles that might enter the device's air pathway, potentially being inhaled or ingested by the user. Additionally, the foam could off-gas certain chemicals. The degradation of the foam was believed to be accelerated by factors like unapproved cleaning methods, high heat, and high humidity environments.
Potential Health Risks Of Philips CPAP Machines
The primary concern with the recalled Philips CPAP machines lies in the PE-PUR foam. This foam, intended to reduce sound and vibration, was found to degrade under certain conditions, potentially releasing particles and chemicals into the device’s air pathway. Users might inhale or ingest these particles, leading to various health issues. There's also the risk of off-gassing of certain chemicals from the degraded foam, which users could potentially inhale.
Customers using the recalled Philips CPAP machines may face several potential health issues due to the degradation of the polyester-based polyurethane (PE-PUR) sound abatement foam used in these devices. The primary health concerns include:
- Respiratory Problems: The degraded foam can release particles that may be inhaled, leading to respiratory issues. These can range from mild irritation of the airways to more serious conditions like inflammatory response, asthma-like symptoms, or even more severe pulmonary issues.
- Chemical Exposure: The breakdown of the foam can also lead to the off-gassing of certain chemicals. Exposure to these chemicals can cause headaches, dizziness, irritation in the eyes, nose, respiratory tract, and skin. In some cases, hypersensitivity reactions, such as an allergic response, may occur.
- Carcinogenic Risks: There is a concern that some of the chemicals released from the degraded foam could be carcinogenic, potentially increasing the risk of cancer with long-term exposure.
- Toxicological Effects: The inhalation or ingestion of particles and chemicals from the foam may lead to various toxicological effects, impacting overall health.
It's important to note that the severity and type of health issues can vary based on individual factors like the extent and duration of exposure, pre-existing health conditions, and individual sensitivities. The recall was initiated as a precautionary measure to prevent these potential health risks.
The Cancer Risk Associated With Degraded polyester-based polyurethane (PE-PUR)
Given the potential for exposure to carcinogenic substances, Philips initiated the recall as a precautionary measure to mitigate these risks. The recall was intended to prevent long-term exposure and thus reduce any potential cancer risk associated with these devices.
The cancer risks associated with the use of recalled Philips CPAP machines are primarily linked to the potential exposure to certain chemicals that might be released from the degraded polyester-based polyurethane (PE-PUR) sound abatement foam used in these devices. When this foam degrades, it can release chemicals in the form of gases (off-gassing) and particles, which users might inhale or ingest during the use of the device.
The specific cancer risks are associated with the types of chemicals that may be released when the foam degrades. Many of these chemicals are known or suspected carcinogens. Long-term exposure to carcinogens can increase the risk of developing cancer.
Types of Cancers Linked To The Use of The Philips CPAP machines Include:
- Bladder Cancer
- Brain Cancer
- Breast Cancer
- Hematopoietic Cancer
- Kidney Cancer
- Liver Cancer
- Lung Cancer
- Lymphatic Cancer
- Multiple Myeloma
- Nasal Cancer
- Non-Hodgkin Lymphoma
- Papillary Carcinoma
- Prostate Cancer
- Rectal Cancer
- Stomach Cancer
- Testicular Cancer
- Thyroid Cancer
For users of these recalled devices, it is crucial to consult with healthcare professionals for advice and to seek alternative treatments for sleep apnea. Additionally, if you have concerns about your health or potential exposure, discussing these with a medical professional is advisable
The 2024 Settlement
Philips Respironics agreed to a $479 million partial settlement covering devices that were sold in the United States between 2008 and 2021 in order to resolve a class action lawsuit related to its recalled continuous positive airway pressure (CPAP) devices.
This settlement came after the company voluntarily recalled millions of its CPAP machines following the reports that the sound-proofing foam used in these devices could break down and potentially cause serious health effects.
This settlement includes predefined cash awards for claimants, with the amounts varying depending on the type of their device and warranty. Additionally, there is an offer for an extra cash award for those who return the recalled device to the company. Philips have also reportedly set aside an additional $15 million for customers who wish to replace their CPAP machines.
The claims period for this settlement opened on December 11, 2023, and is expected to close on August 9, 2024.
Philips Executives Knew About the Issues
The recall of Philips CPAP machines was initiated due to the degradation of the polyester-based polyurethane (PE-PUR) foam within these devices. However, emerging reports and investigations indicated that Philips might have been aware of the foam's degradation issues well before the recall was announced.
Documentation presented in a federal court in Pittsburgh revealed that as early as 2015, Philips recognized that black particles accumulating in the devices, as reported by users, were indeed fragments of this degraded foam.
This revelation was a part of an extensive investigation by the U.S. Food and Drug Administration (FDA). The FDA's findings suggested that the senior management at Philips was conscious of the foam's degradation but delayed responding to the issue.
Email exchanges from 2015 between a Philips employee and PolyTech, the foam's supplier, specifically addressed concerns about the foam's stability under conditions of high humidity. It was noted that the foam might break down chemically within a year in such environments.
Despite possessing this knowledge, Philips did not proceed with a recall until June 2021. During the intervening years, users of these machines reported various health issues, which ranged from nausea and dizziness to headaches and newly diagnosed cancers.
Can I File A Personal Injury Claim Against Philips?
It's important to note that their agreement does not settle any personal injury or medical monitoring claims in the Multidistrict Litigation (MDL), which Philips is seeking to dismiss. Philips stated that the settlement does not constitute an admission of liability, wrongdoing, or fault by any of the Philips parties.
We advise clients who have been affected by the Philips CPAP machine recall and are seeking compensation outside of the class action settlement to consider the following legal avenues:
- Individual Personal Injury Lawsuits: Clients may pursue individual lawsuits against Philips. These suits allow for a personalized approach, focusing on the specific harm suffered by each client. This method can potentially lead to compensation for individual damages such as medical expenses, ongoing treatment costs, pain and suffering, and loss of wages.
- Product Liability Claims: These claims are centered on the premise that the Philips CPAP machine was defective and resulted in injury or harm. Our firm can assist clients in establishing that the device was flawed, this defect directly caused their injury, and as a consequence, they incurred damages.
- Negligence Claims: In certain scenarios, pursuing a negligence lawsuit might be viable. If it's provable that Philips failed to uphold a reasonable standard of care in manufacturing, designing, or informing about the risks of their CPAP machines, this could form the basis of a negligence claim.
- Direct Settlement Negotiations: Clients have the option to engage in direct settlement negotiations with Philips. This process, typically facilitated by legal representation, can sometimes lead to an individualized settlement agreement offering compensation.
- Alternative Dispute Resolution: Methods like mediation or arbitration can be an effective way to resolve disputes. These avenues are often less adversarial and can provide a quicker resolution compared to traditional litigation.
Each client’s case is unique, and our experienced attorneys can provide personalized guidance and representation tailored to their specific circumstances. For detailed legal advice and to discuss the best course of action, we encourage individuals affected by the Philips CPAP recall to contact us directly.
Get Legal Representation Today
The recall of Philips CPAP machines due to potential health risks, including exposure to harmful foam particles and chemicals, has impacted many individuals. If you've experienced health issues as a result of using these devices, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. Our firm is here to guide you through the process of seeking justice and compensation.
Our team of experienced personal injury attorneys are representing victims affected by the Philips CPAP machine recall. We're well-versed in the complexities of these cases, including the health risks associated with the use of these devices and the legal nuances that come with product liability claims. Our lawyers are not just skilled negotiators but also seasoned litigators, ready to fight for your rights in and out of court.
Why Choose Philly Injury Lawyer?
- We Win or It's Free® guarantee: Our confidence in our abilities is so strong that we offer our services on a contingency fee basis. This means you don't pay unless we win your case.
- Proven Track Record: With years of experience in personal injury law, our firm has a history of securing significant settlements and verdicts for our clients.
- Client-Centric Approach: We provide personalized legal services, understanding that each client's situation is unique. Our attorneys are accessible, responsive, and committed to keeping you informed every step of the way.
- Expert Legal Representation: Our team combines legal expertise with a deep understanding of the medical implications of the Philips CPAP machines, ensuring comprehensive representation.
- Resources and Reach: Philly Injury Lawyer has the resources to investigate your case thoroughly and the reach to bring in expert witnesses and medical professionals to strengthen your claim.
Recalled CPAP / BiPAP & Ventilator Models
The recall, announced in June 2021, involved several models of its sleep apnea treatment devices. The recalled devices include various models of CPAP, BiPAP, and ventilators. Here is a list of some of the specific models that were part of the recall:
- System One 50 Series ASV4 (Auto SV4)
- System One 50 Series Base
- System One 50 Series BiPAP
- System One 60 Series ASV4 (Auto SV4)
- System One 60 Series Base
- System One 60 Series BiPAP
- C-series S/T, AVAPS (C-series and C-series HT)
- DreamStation CPAP
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation BiPAP
- DreamStation Go
- OmniLab Advanced Plus
- Trilogy 100/200, Garbin Plus, Aeris, LifeVent
- V30 Auto
The specific models affected may vary. So it is important to check if your particular model is part of the recall.
Start Your Case
Don't navigate this challenging time alone. Reach out to Philly Injury Lawyer, where your fight becomes our fight. Call us now at (215) 735-4800 for a free consultation. Remember, with us, it's simple: "We Win or It's Free."