Were you given a Philips Continuous Positive Airway Pressure (CPAP) or Bilevel Positive Airway Pressure (BiPAP) machine for sleep apnea? Have you been diagnosed with lung cancer, a respiratory condition, or other condition that arose after you started using the machine? If so, you may be entitled to compensation for injuries you sustained due to a defect in the recalled machine that causes toxic particulates to be breathed in or ingested.
If you have been using a machine that was part of the CPAP recall and would like more information on the CPAP class action lawsuit, contact the Law Offices of Michael J. Gopin, PLLC today. Our firm is currently taking new CPAP cases involving individuals who used Philips CPAP breathing machines and have been medically treated for lung injuries. We are ready to fight for the compensation you deserve after sustaining injuries from a dangerous product. We can discuss your legal rights and options during a free case review.
CPAP Lawsuit Overview
The CPAP machine manufacturer Philips Respironics received several complaints regarding the presence of black debris and particles in the airpath circuit of some of its CPAP machines. Patients can breathe in or ingest these particles while using the machine. It is believed that these particulates are formed as the polyester-based polyurethane sound abatement foam inside the machines decomposes over time. Additionally, the degradation of the polyurethane foam, which is meant to make the machine quieter, leads to the emission of dangerous, carcinogenic, cancer-causing gases.
On June 30, 2021, the U.S. Food and Drug Administration (FDA) issued a safety communication to consumers about potentially dangerous CPAP and BiPAP machines manufactured by Philips Respironics that are used to treat sleep apnea.
Philips Respironics issued a recall for a number of its sleep and respiratory care devices, advising patients to stop using affected machines but to continue treatment for respiratory problems. It also noted that high heat and humidity environments can increase the degradation of the sound abatement foam.
On July 22, 2021, the FDA issued a Class 1 recall of numerous Philips Respironics sleep apnea machines, which is the most serious type of recall associated with devices that can cause serious injury or death. The FDA advised people to stop using the affected machines and to discuss alternative treatment options with their healthcare provider.
Now, a CPAP class action lawsuit has been filed, alleging that Philips CPAP machines cause lung injuries, including cancer. Plaintiffs allege that the carcinogenic particulates that can become dislodged through normal use can be inhaled or ingested by the user and increase their risk of developing lung and other cancers, pulmonary fibrosis, and other serious health conditions.
Machines That Have Been Recalled
The Philips Respironics CPAP, BiPAP, and ventilators that are affected by the recall were manufactured between 2009 and April 26, 2021. They include the following models:
CPAP and BiPAP Devices
- Continuous Ventilator, Minimum Ventilatory Support, Facility Use – E30
- Continuous Ventilator, Non-life Supporting – 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
- Continuous Ventilator – Trilogy 100, Trilogy 200, Garbin Plus, Aeris, LifeVent
- Continuous Ventilator, Minimum Ventilatory Support, Facility Use – A-Series BiPAP Hybrid A30, A-Series BiPAP V30 Auto
- Continuous Ventilator, Non-life Supporting – A-Series BiPAP A40, A-Series BiPAP A30
Do You Qualify for a CPAP Sleep Apnea Machine Lawsuit?
To qualify as part of the CPAP class action case, you must meet two eligibility criteria:
- You have or had one of the recalled CPAP machines, such as Philips Respironics DreamStation.
- You have one of the following conditions after using the CPAP machine for at least six months:
- Pulmonary fibrosis or any other injury involving your respiratory system or diagnosis of a respiratory condition
- Damage to your liver or kidney
- Diagnosis of lung cancer, kidney cancer, liver cancer, or any other type of cancer stemming from the use of the CPAP machine
Side Effects of Defective Philips Sleep Apnea Machines
The potential side effects that users of the affected Philips CPAP machines may experience depend on whether they are exposed to the degraded foam or chemical emissions from the machine. Symptoms of degraded foam exposure may include:
- Inflammatory response
- Upper airway irritation
- Sinus infection
- Adverse effects to kidney, liver, or other organs
- Irritation to the skin, eyes, or respiratory tract
- Chest pressure
- Chronic cough
Chemical emission exposure may cause:
- Irritation to the skin, eyes, or respiratory tract
- Nausea or vomiting
Compensation from Recalled Sleep Apnea Machine Lawsuits
If you were injured by one of the recalled sleep apnea machines identified above, you may be able to seek compensation for the following damages you sustained:
- Medical expenses, including past medical expenses and those future medical expenses you can reasonably anticipate, including the replacement of a new CPAP machine
- Lost wages or reduced earning capacity if you had to miss work for treatment or were unable to return to your regular job because of your injuries or illness
- Pain and suffering caused by the injuries you suffered
- Oher economic losses you experienced because of your injuries
Our team can review the details of your claim and give you a better idea about the potential compensation available.
Contact Michael Gopin for Help Filing a CPAP Lawsuit Today
If you were injured by one of the defective products described above and would like more information about the CPAP machine recall lawsuit, the defective product lawyers at the Law Offices of Michael J. Gopin, PLLC can help. We will aggressively pursue your right to compensation from careless manufacturers who did not warn or protect consumers from known risks. We provide a free case review to discuss how we can help and if you have a claim. Contact us today to get started.