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PHILIPS CPAP LAWSUIT

THE PURSUIT OF JUSTICE FOR AFFECTED CONSUMERS

FREE LEGAL CONSULTATION

NO WIN, NO FEE

MILLIONS RECOVERED

If you, or someone you care about, has been negatively affected by the recent recall of Philips CPAP, BiPAP, or mechanical ventilators, you’ve landed in the right place. This space is designed for you – to empower you with knowledge, provide you with resources, and guide you to legal professionals experienced in handling such cases. You have the right to seek justice, to hold corporations accountable, and to help safeguard others from experiencing similar harm. You are not alone in this journey – together, we can make a difference. Your path towards justice starts here.

Understanding Why You Should Consider Filing a Philips CPAP Lawsuit

Did you know that the polyester-based polyurethane (PE-PUR) sound abatement foam in Philips CPAP, BiPAP, and ventilator devices could potentially lead to cancer and serious respiratory problems? Numerous lawsuits have been filed alleging that Philips manufactured these defective devices and failed to warn users, like you, about the associated risks and potential injuries.

Millions of these machines have been recalled due to potential carcinogen and toxic chemical exposure. If you or a loved one has suffered from cancer, lung problems, or other injuries after using one of these recalled Philips devices, you could be entitled to compensation. Public Justice Advocates can connect you with the right law firms experienced in handling such cases.

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Health Risks Associated with Philips CPAP Recall

On June 14, 2021, Philips Respironics initiated a voluntary recall of their CPAP, BiPAP, and mechanical ventilators. The reason? The sound-reducing polyester-based polyurethane (PE-PUR) foam, a crucial component used in these devices, was discovered to:

1.Deteriorate into black particles that can invade the device’s airpath and potentially be ingested by the user.
2.Expose the user to harmful and possibly carcinogenic chemicals that can then be inhaled.

Alarmingly, this foam degradation can lead to severe injuries and may be exacerbated by the usage of unapproved cleaning methods such as ozone, along with environments characterized by high heat and humidity.

In the face of these revelations, Public Justice Advocates stand ready to provide guidance and support. Families nationwide are seeking justice and choosing to hold Philips Respironics accountable by filing a CPAP lawsuit. With Public Justice Advocates, you have a trusted ally that helps connect you with the appropriate resources and law firms to take action against corporate negligence and fight for your rights.

Determining Your Eligibility for a CPAP Lawsuit

Are you under 80 years of age? Have you been using a recalled Philips Bi-PAP, CPAP, or ventilator and experienced specific side effects or perhaps lost a loved one due to these injuries? If your answer is yes, you could be eligible to file a lawsuit. Lawsuits are not only limited to those who have personally suffered but also extend to those who have suffered indirectly through the pain and suffering of a loved one. Public Justice Advocates can guide you through the process of determining if you are eligible for a lawsuit.

The Importance of Filing a CPAP Lawsuit

By taking legal action, you’re taking a stand against corporations that disregard consumer safety. Filing a lawsuit can help you cover the costs of past and future medical bills incurred due to the use of these defective devices. It also serves to hold Philips accountable for its negligence and helps prevent similar situations from happening in the future. It’s not just about receiving compensation for your pain and suffering but also about making a difference and protecting other potential victims.

Choosing the Right Legal Representation: Your CPAP Lawsuit Lawyer

The selection of the right lawyer to handle your CPAP lawsuit is a crucial step. Experience and familiarity with medical device cases should be at the top of your list of considerations. A good lawyer will guide you through the process, explain all the legal jargon, and make sure you understand what’s happening at every step. They’ll advocate for your rights, ensuring you get the justice you deserve. Public Justice Advocates can connect you with experienced law firms familiar with medical device cases. They will guide you through the process, helping you understand what’s happening at every step and advocate for your rights.

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Steps to Filing Your CPAP Lawsuit

Here is how Public Justice Advocates can guide you through filing your lawsuit:

  1. Documentation: Gather all your relevant documents including medical records, receipts, and any other documents related to your case.
  2. Consultation: Public Justice Advocates can connect you with experienced CPAP lawsuit lawyers for a free consultation. Here, the lawyer assesses your case and advises on the best course of action.
  3. Eligibility: Determine if you qualify for a lawsuit based on your consultation. Your lawyer will guide you through this process.
  4. Filing a complaint: If you qualify, your lawyer will help you file a complaint in court.
  5. Discovery process: Participate in the discovery process where both sides investigate the claims and defenses raised.
  6. Negotiation or trial: The final step is either negotiating a settlement or proceeding to trial.

Remember, you are not alone in this journey. Public Justice Advocates is here to help you take the first step towards justice today. Together, we can make a difference in the fight against corporate negligence.

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A Closer Look at the Philips Respironics Recall: CPAP, BiPAP, and Ventilator Machines Affected

The recent recall notice issued by Philips Respironics impacts a broad range of their respiratory and sleep aid devices, encompassing:

  • Bi-level Positive Airway Pressure Devices (also known as BiPAP or Bi-level PAP)
  • Continuous Positive Airway Pressure Machines (commonly referred to as CPAP Machines)
  • Mechanical Ventilation Devices

A significant quantity, roughly between 3 to 4 million devices, have been recalled by Philips. Notably, the lion’s share of the recalled units, accounting for about 80%, are CPAP machines. The machines most affected belong to the inaugural generation of the DreamStation range.

Continuous Ventilator, Non-life Supporting

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus (+)

Continuous Ventilator

  • Trilogy 100 Ventilator
  • Trilogy 200 Ventilator
  • Garbin Plus, Aeris, LifeVent Ventilator

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto Ventilator

Continuous Ventilator, Non-life Supporting

  • A-Series BiPAP A40 Ventilator
  • A-Series BiPAP A30 Ventilator

Note: All brands are trademarks of their respective companies.

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Non-continuous Ventilator

  • SystemOne Q series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP
  • Free Case Evaluation
  • Dorma 400, 500 CPAP
  • REMStar SE Auto CPAP

A Deep Dive into Injuries Associated with Recalled Philips CPAP Devices

The voluntary recall of Philips CPAP, BiPAP, and mechanical ventilator devices, unfortunately, coincides with a rise in reported health issues tied to the use of these machines. These health complications range from various types of cancer to severe organ damage, causing substantial distress to affected users.

Legal professionals are accepting Philips CPAP lawsuit claims from individuals who have suffered an array of injuries subsequent to using the recalled devices. The breadth and depth of these health problems testify to the potential harm these recalled devices may cause, necessitating legal action.

Cancer

One of the most alarming injuries linked to the use of these devices is cancer. It’s suspected that the polyester-based polyurethane foam, which can degrade into black particles and expose users to potentially carcinogenic chemicals, has led to a higher incidence of different types of cancers among users.

Organ Damage

Apart from cancer, organ damage is another significant health risk associated with these devices. Users have reported damage to multiple organs, including the lungs, heart, kidneys, and liver. The exact link between the recalled devices and organ damage is still under investigation, but the correlation is alarming.

Respiratory Conditions

Respiratory problems are another frequent concern. Given these devices are meant to alleviate respiratory conditions, it’s particularly disconcerting that they may be contributing to the problem. Users have reported chronic coughing, difficulty breathing, and even asthma-like symptoms after using the recalled devices.

Irritation and Inflammation

The degraded foam particles can cause physical irritation and inflammation as well. Users have reported throat irritation, nosebleeds, and sinus infections. Some have also experienced headaches, dizziness, and hypersensitivity reactions such as rashes and skin irritations.

Neurological Issues

Several users have reported neurological issues such as headaches and dizziness, which may be linked to the toxins from the degraded foam.

As distressing as these potential injuries are, it’s crucial for affected users to understand their legal rights and options. Public Justice Advocates provides the necessary awareness and resources, connecting injured consumers with law firms adept at handling such cases. If you have suffered from any of these injuries after using one of the recalled Philips CPAP, BiPAP, or mechanical ventilator devices, you may be eligible to file a lawsuit.

  • Acute Respiratory DistressSystem (ARDS)
  • Acute Kidney Injury (AKI)
  • Asthma
  • Bladder Cancer
  • Blood Cancer
  • Brain Cancer
  • Cardiac arrest
  • Cardiac injuries
  • Chemical poisoning that resultedin hospitalization
  • Chronic Sarcoidosis
  • Chronic Kidney Disease
  • Colon Cancer
  • COPD
  • Esophageal Cancer
  • Fibrosis
  • Heart Damage
  • Hematopoietic Cancer
  • Hypopharynx cancer
  • Ischemic Stroke
  • Jaw Cancer
  • Kidney Cancer
  • Kidney AKI
  • Kidney Failure
  • Kidney Renal Damage
  • Larynx Cancer
  • Leukemia
  • Liver Cancer
  • Liver Damage
  • Liver Failure
  • Lung Cancer
  • Lung Disease/Sarcoidosis
  • Lymphatic Cancer
  • Multiple Myeloma
  • Myocardial Infarction
  • Nasal Cancer
  • Nasopharynx Cancer
  • Non-Hodgkin Lymphoma
  • Oral Cavity Cancer
  • Oropharynx Cancer
  • Pleural Effusion
  • Pneumonitis (different frompneumonia)
  • Pulmonary injuries
  • Reactive Airway Disease (RAD)
  • Rectal Cancer
  • Renal Failure
  • Salivary Cancer
  • Stomach Cancer
  • Throat Cancer
  • Thyroid Cancer
  • Tracheal Cancer

Filing a lawsuit not only offers an opportunity for compensation for the injuries suffered, but it also ensures that large corporations like Philips are held accountable for their actions. Remember, corporate negligence towards consumer safety is not acceptable. With the right legal assistance, you can seek justice and possibly prevent others from facing similar injuries in the future. The fight against corporate negligence starts with you, and Public Justice Advocates is here to stand with you in that battle.

Philips CPAP Foam Exposure Symptoms

Degraded foam from devices included in the Philips CPAP recall may release many toxic chemicals, leading to a variety of exposure symptoms. CPAP foam exposure symptoms include:

  • Headaches
  • Dizziness
  • Irritation in the eyes, nose, and throat
  • Chest pain
  • Shortness of breath
  • Sinus infection
  • Nausea
  • Vomiting
  • Fatigue
  • Weight loss
  • Sleep disturbances
  • Skin irritation
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Recent Developments in Philips CPAP Lawsuits

The most recent updates in the Philips CPAP lawsuits indicate that there have been no settlements or jury verdicts so far. Bellwether trials might commence as early as 2024, according to the plaintiffs’ suggested timeline. However, the defendants are advocating for a schedule that would delay the first bellwether trial until 2025 or 2026.

Key updates in CPAP lawsuits include:

April 2023: Judge Conti postponed an in-person Status Conference to May 25, 2023.

March 2023: Judge Joy Flowers Conti partially approved Philips’ Motion to Dismiss, dismissing a claim by plaintiff Cynthia Morris without prejudice.

February 2023: 420 cases are pending in the MDL, an increase of 62 from the previous month. Some attorneys predict this number will exceed 1,000 by the end of 2023.

February 2023: The FDA updated its medical device reports database with new injury reports linked to recalled Philips CPAP devices. The FDA stated, “Since April 2021, we have received over 98,000 MDRs, including 346 reports of death, reportedly associated with the PE-PUR foam breakdown or suspected foam breakdown.”

January 2023: During the monthly status conference, plaintiffs proposed a schedule that would initiate bellwether trials in 2024. Defendants submitted an alternative plan, pushing trials back to 2025 or possibly 2026.

The Judicial Panel on Multidistrict Litigation (JPML) initially consolidated over 110 federal CPAP lawsuits against Philips in October 2021 under Senior U.S. District Judge Joy Flowers Conti in Pittsburgh. As of March 2023, Philips faces 436 federal lawsuits in Pennsylvania, in addition to several class-action lawsuits for financial damages.

Estimated CPAP Lawsuit Settlement Amounts Attorneys estimate that potential CPAP lawsuit settlement amounts for cancer-related injuries may range from $100,000 to $500,000. Individual settlement amounts may vary based on the severity of the plaintiff’s injuries.

Jury verdicts at trial are generally higher than settlement amounts, but not all cases proceed to trial. Depending on your situation, accepting a settlement might be more advantageous. Trials can take years, and a jury verdict is not guaranteed. Be sure to discuss all your options with your CPAP lawsuit attorney.

Timeline of Philips CPAP Recalls and Warnings

  • 2021 CPAP Machine Recall
  • 2022 CPAP Recalls and Warnings
  • Court Documents Reveal Philips Knew About the Problem for Years

2021 CPAP Machine Recall

The Philips CPAP recall in June 2021 affected millions of CPAP, BiPAP, and ventilator devices. The company said degraded PE-PUR foam may release black particles and toxic gasses that users may inhale or swallow. The recall and health risks have led people with sleep apnea to find Philips CPAP alternatives.

In September 2021, Philips announced its plans to repair or replace the recalled devices, but the process might take up to a year. The FDA’s CPAP recall update in November 2021 discovered that the new foam used in the replacement machines could also pose a safety risk. The FDA’s inspection report also revealed that Philips knew as far back as 2015 that PE-PUR foam in its breathing machines could degrade.

2022 CPAP Recalls and Warnings

In September 2022, Philips warned the public that magnets on its CPAP masks could interfere with metallic implants such as pacemakers, neurostimulators, and stents, causing serious injuries or death. Philips did not refer to it as a recall, but instead updated the product’s label to add warnings. The FDA classified it as a Class I recall in October 2022.

Philips also issued an additional recall for contaminated plastic parts in 1,660 BiPAP machines in September 2022. The parts could emit toxic chemicals or stop the machine from working.

Court Documents Reveal Philips Knew About the Problem for Years

Unsealed court documents in June 2022 revealed that Philips knew about the problem for at least three years before the recall. An engineer said he received complaints about “disintegrating polyurethane” that made its way into the machine’s airways.

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What to Do If  You’re Currently Using a Recalled Philips CPAP Machine

If you are currently using a recalled Philips CPAP, BiPAP, or ventilator machine, take the following steps:

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Contact your healthcare provider

Discuss your concerns and seek guidance on alternativetreatment options or devices.

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Register your device with Philips

Visit the Philips recall website and register your device toreceive updates and information about the replacement orrepair process.

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Monitor your health

Be vigilant about any symptoms or health issues that maybe related to your recalled device. Consult with yourhealthcare provider if you notice any changes or experienceany side effects.

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Preserve your device

Keep your recalled device as evidence in case you decide tofile a lawsuit. Your lawyer can advise you on how to properlystore and maintain the device.

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Consult with a lawyer

If you have experienced injuries or health problems due to arecalled Philips device, contact a CPAP lawsuit lawyer todiscuss your legal options.

How to Choose a New CPAPMachine

If you need to find an alternative to your recalled Philips CPAP machine, consider the following tips when choosing a new device:

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Consult your healthcare provider

Speak with your doctor or sleep specialist about your specificneeds and ask for their recommendations.

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Research different brands

Look into other reputable CPAP manufacturers such asResMed, Fisher & Paykel, and DeVilbiss.

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Read reviews

Look for reviews from other users and healthcareprofessionals to get an idea of the pros and cons of differentmachines.

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Test different machines

If possible, test different devices to find the one that is mostcomfortable and effective for your needs.

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Consider your insurance coverage

Check with your insurance provider to determine whichdevices are covered under your plan.

In conclusion, if you or a loved one has experienced health issues due to a recalled Philips CPAP, BiPAP, or ventilator machine, it is crucial to seek legal advice from an experienced lawyer. Filing a lawsuit may help you receive compensation for your injuries, medical expenses, and suffering. Stay informed about the ongoing Philips CPAP recall and lawsuit developments to ensure your rights and well-being are protected.

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frequently asked questions

Are class-action lawsuits being filed against Philips?

Yes, there are ongoing class-action lawsuits against Philips regarding the CPAP recall. These lawsuits aim to address the concerns and potential harm caused by the affected devices.

Are there any Philips CPAP alternatives?

While Philips is working on resolving the issues with the affected CPAP devices, it’s essential to consult with your healthcare provider to explore alternative options for your sleep apnea treatment.

Can I file a Philips CPAP lawsuit if I haven’t experienced any adverse effects?

Yes, individuals who have purchased the affected Philips CPAP devices may be eligible to file a lawsuit, even if they haven’t experienced adverse effects. Consult with legal experts to understand your options.

Can I join an existing class-action lawsuit?

Yes, you may have the option to join an existing class-action lawsuit against Philips. Legal professionals specializing in product liability can guide you through the process.

How long do I have to file a Philips CPAP lawsuit?

The legal timeframe, or statute of limitations, for filing a Philips CPAP lawsuit may vary. It’s crucial to consult with an attorney promptly to ensure you don’t miss any deadlines.

How much can I expect to receive in a Philips CPAP lawsuit settlement?

The settlement amount can vary based on factors such as the extent of harm, medical costs, and other damages. An attorney can provide a better estimate based on your specific situation.

What are the potential outcomes of the Philips CPAP lawsuits?

Potential outcomes may include financial compensation for damages, medical expenses, and addressing the issues with the affected devices. Legal experts can provide insights into the specific outcomes you may pursue.

What is the current status of the Philips CPAP recall replacement program?

For the latest information on the recall and replacement program, it is recommended to visit the official Philips website or consult with your healthcare provider. Regular updates are provided as the situation evolves.

 

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