In 2021, the medical device company Philips Respironics issued a recall on many of their CPAP devices. The reason? The foam used to dampen the sound of the machines was made with dangerous materials. When this material is inhaled, it can cause serious health issues.
At Judd Shaw Injury Law, we have made it our mission to stand up to medical device manufacturers that sell products that harm people. Currently, our law firm is helping victims file lawsuits who are suffering from cancer, respiratory problems, or other injuries from their defective CPAP machines that were subject to recall.
If you have used a medical device that was later recalled and have suffered from health complications because of it, you could be entitled to financial compensation. Contact a member of our trusted legal team today. Call us at 1-866-909-6894 or fill out the contact form to schedule a free case evaluation at a time and location convenient to you.
The Reason Why Some CPAP Devices Have Been Recalled
According to the US Food and Drug Administration (FDA), “the polyester-based polyurethane (PE-PUR) sound abatement foam, which is used to reduce sound and vibration in these affected devices, may break down and potentially enter the device’s air pathway. If this occurs, black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device.”
It has been revealed that, since at least 2015, Philips Respironics has been aware of the toxicity and potential carcinogenicity of the PE-PUR foam. Yet, the company chose to continue using PE-PUR foam over other safer alternatives.
The PE-PUR foam used in some CPAP devices can be harmful in the following situations:
- When the foam breaks down and you inhale or swallow particles.
- When the foam releases toxic chemicals, which you breathed in or ingested.
Swallowing or inhaling PE-PUR foam has been shown to cause serious injuries. In some cases, these injuries may be permanent or even life-threatening.
Common CPAP Foam Exposure Symptoms
CPAP foam exposure can mimic other conditions, making it difficult for people to identify their sleep apnea devices as the origin of their symptoms.
If you use a Philips sleep apnea machine, suspect CPAP foam exposure if experiencing any of the following symptoms if not resolved promptly:
- Airway inflammation
- Asthma
- Nausea and vomiting
- Chest pressure
- Sinus infection
- Dizziness
- Cough
- Hypersensitivity
- Headache
Injuries Named in CPAP Lawsuits
Degraded sound abatement can cause a wide variety of health issues. Lawsuits against Philips claim that their CPAP devices cause various types of cancer and organ damage.
Some of the many injuries named in these lawsuits include:
- Acute respiratory distress syndrome (ARDS)
- Severe throat inflammation
- Breast cancer
- Brain cancer
- Heart failure
- Leukemia
- Kidney cancer
- Chemical poisoning
- Lung disease
- Pleural effusion
The FDA reported that, from April 2021 to October 2022, they have received over 90,000 medical device reports of injury linked to the foam found in Philips CPAP devices.
Who Qualifies to File a CPAP Lawsuit?
You may be wondering whether you qualify to file a Philips CPAP lawsuit. Anyone who is under 80 years of age and used a recalled CPAP device for at least 6 months and suffered cancer or other health problems as a result may be eligible to file a lawsuit.
If you are unsure whether you qualify, a CPAP attorney can help determine your eligibility at no cost to you. Contact Judd Shaw Injury Law today to schedule a free case evaluation with a trusted member of our legal team.
How Much Is a CPAP Lawsuit Worth?
It’s understandable that you want to know in advance how much your lawsuit will be worth. The truth is, though, that lawyers are still in the beginning stages of the CPAP sleep apnea machine litigation. Since most of the CPAP lawsuits have not been resolved yet, we cannot say for certain what their settlement value may be.
The amount of compensation will vary, depending on the extent of a person’s injury and the pain and suffering he or she has experienced. Lawyers have estimated that the payout should be between $100,000 and $500,000 for more severe CPAP injuries such as cancer.
Whether these projections are correct remains to be seen. However, our lawyers are confident that there is a strong case against Philips Respironics and that awarded settlements will be high.
Available compensation you may be eligible to receive includes:
- Hospital stays
- Doctor’s visits
- Prescribed medications
- In-home care expenses
- Lost wages
- Loss of earning potential
- Pain and suffering
Our Law Firm Can Help You File a Philips Respironics CPAP Lawsuit
If you were harmed by using a recalled CPAP machine, our legal team is here to help. Our law firm has many years of experience in practicing personal injury law and has successfully handled many cases involving defective products. We are ready to work hard to obtain justice for all those who have been affected by Philips Respironics sleep apnea products.
Steps that we may take on behalf of our clients include:
- Reviewing medical records proving your injuries
- Connecting your symptoms with your use of a recalled Philips CPAP device
- Filing a lawsuit on your behalf
- Negotiating a just and fair settlement
- Litigating your case in court if necessary
Our law firm has experienced investigators on staff who can help identify and collect important evidence to prove liability and strengthen your CPAP injury case.
How Much Does It Cost to Hire a CPAP Attorney?
Many people hold back from contacting a personal injury lawyer because they are concerned about the cost. Judd Shaw Injury Law handles all CPAP cases on a contingency fee basis. This means that our lawyers only get paid if they win your case. If you are not awarded a settlement, then you do not need to pay for our legal services.
During your initial consultation, you and your lawyer will agree on how much you will pay him or her after winning your case. The fee is a percentage of the total compensation you are awarded. Working on contingency gives our clients the confidence that we will work to obtain the highest possible settlement for them.
Contact a CPAP Injury Lawyer Today
If you suffered damages from using a defective Philips CPAP device and want to file a lawsuit, our legal team may be able to help. While we cannot give you an exact compensation amount for your case at this time, we can evaluate your claim and determine your eligibility.
You have a limited time to file a CPAP lawsuit. If you miss the deadline, you will not be eligible to recover compensation. The sooner you contact our law firm, the better your chances of securing yourself a strong claim before the clock runs out.
Instead of missing out on your opportunity for fair compensation, reach us at 1-866-909-6894 or by filling out the contact form. Contact us 24/7 to schedule a free case review, for which there is absolutely zero obligation to retain our legal services.