CPAP & BiPAP Recall Injury Attorneys
The lawyers at Burg Simpson provide FREE case evaluations for individuals who have suffered harm due to defective bi-level positive airway pressure (BiPAP) machines and continuous positive airway pressure (CPAP) machines manufactured by Philips Respironics. Recalled in June 2021, these machines used polyurethane (PE-PUR) foam to muffle sound vibrations. Unfortunately, PE-PUR can degrade over time, resulting in the ingestion of particulates or inhalation of toxic gasses. This may result in serious health issues for individuals who rely on these machines to treat conditions that include obstructive sleep apnea and chronic obstructive pulmonary disorder (COPD).
If you have suffered an injury after using a defective Philips CPAP or BiPAP machine, you may be entitled to seek compensation for your injuries. The consumer protection attorneys at Burg Simpson are here to review your claim, help you understand your options, and guide you toward the most suitable solution for your needs.
To schedule a FREE and confidential consultation with one of our experienced lawyers, call Burg Simpson at 888-895-2080 today. We serve clients throughout the nation that have been injured by defective products.
Philips CPAP and BiPAP Recall Overview
In June 2021, Philips initiated a recall for millions of its CPAP and BiPAP machines, impacting users globally. The recall was triggered by serious safety concerns regarding the PE-PUR sound abatement foam used in these devices. Over time, this foam was found to degrade into small particles that could be inhaled or ingested by patients. Additionally, the foam could off-gas harmful chemicals, including volatile organic compounds, which pose potential carcinogenic and toxic health risks.
Patients using these devices reported a range of health issues, including irritation of skin, eyes, nose, and respiratory tract; headaches; asthma; damage to the liver and kidneys; lung injuries; pulmonary fibrosis; acute respiratory distress; head and neck cancer; and lung cancer. These conditions are serious and have life-altering implications for the affected individuals, necessitating ongoing medical attention and, in many cases, leading to a decreased quality of life.
While the Philips CPAP recall was intended to mitigate these risks, it came far too late for many users. Now, plaintiffs across the United States have filed lawsuits alleging that Philips failed to warn them about the risks of these machines and compounded risks when the company delayed recalling the defective devices. These legal actions claim that Philips was aware—or should have been aware—of the dangers posed by the PE-PUR foam long before the recall was announced.
Which Philips CPAP and BiPAP Devices are Affected by This Recall?
Philips recalled several devices due to PE-PUR foam risks, including:
- CPAP Devices
- DreamStation
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- REMstar SE Auto
- SystemOne (Q-Series)
- BiPAP Devices
- A-Series BiPAP A30
- A-Series BiPAP A40
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto
You can register your recalled CPAP or BiPAP device through the Philips website. This will begin the process for repair or replacement of your defective device. However, it will not begin the legal process for seeking damages related to any injuries you may have sustained while using your CPAP or BiPAP machine.
What Should I Do If My CPAP or BiPAP Device Has Been Recalled?
If your Philips CPAP or BiPAP is part of the recall, you should first consult your healthcare provider to discuss the risks of continuing or discontinuing the use of your device. Your doctor can assist you in considering potential impacts on your health along with any alternatives that may be available. They may also want to test for complications that may have already occurred due to the use of one of these potentially dangerous devices.
Can I Take Legal Action If I Have A Recalled Device?
You may be eligible to take legal action against Philips if you suffered health problems because of your use of a defective CPAP or BiPAP device. Key considerations for eligibility include:
- Proven ownership or use of a recalled Philips device
- Diagnosis with a health condition(s), such as respiratory illnesses, lung cancer, or head and/or neck cancer believed to be caused by the device.
- The ability to provide documentation of the health condition(s) and their connection to your use of the device.
- Duration of device use and the extent of exposure to the degraded PE-PUR foam.
If your device has resulted in harm, you will want to contact an attorney as soon as possible. The deadline for filing a CPAP lawsuit—known as the statute of limitations—varies by state. Generally, the time frame is between two to four years from the date of the injury. Some states may allow more time to take legal action and exceptions may exist to extend the initial statute of limitations by months or even years.
While there are exceptions that can assist in extending the time you have to file a claim, it is important for individuals who believe they have been harmed by these devices to seek legal advice as soon as possible. It is important to ensure your claim is filed within the applicable statute of limitations to avoid any complications that can accompany a delay in action.
How Much Is My Defective CPAP Device Claim Worth?
Determining the value of a claim for a defective CPAP or BiPAP device involves assessing the damages you have incurred and how your injuries may continue to impact your life in the future. Potential damages include:
- Medical Expenses, including hospital stays, medications, surgeries, and ongoing medical care.
- Lost Wages, including compensation for loss of earning capacity if the injury will prevent you from working.
- Pain and Suffering, which considers the severity and longevity of the physical and emotional suffering caused by your injury.
The calculation of damages in a defective Philips device case can vary significantly based on individual circumstances. The nature and extent of the injuries, the impact on quality of life, the duration of any suffering, and the costs of medical care will all play a role in determining what your claim is worth.
Legal Representation by Burg Simpson
At Burg Simpson, we understand the gravity of the situation faced by individuals using recalled Philips devices. Our extensive experience handling complex product liability cases enables us to effectively review these claims and determine the best course of action based on the specific needs of each individual.
With a national presence and a team of over 60 attorneys—many of whom are nationally recognized and celebrated—we are equipped to confront powerful defendants and assist in securing the best possible outcomes for our clients. Our history of impressive results both in individual and class action lawsuits highlights our willingness to take cases as far as needed to help ensure justice is served. We are here to listen when you need us and to help you determine how you might best seek the compensation you are due.
If you or a loved one has been affected by the Philips device recall, the attorneys at Burg Simpson are here to help. Contact us online or call us at 888-895-2080 to schedule your FREE consultation and let us provide you with the information you need to understand your legal options and rights. We maintain several regional offices and welcome clients living in all areas of the country.