With growing complaints of serious health complications, Philips issued a recall covering approximately four million CPAP, BiPAP, and mechanical ventilator devices. The recall has led to many lawsuits regarding serious health conditions tied to the use of Philips devices. These conditions range from short-term issues like skin irritation to life-threatening illnesses, including cancer.
If you are living with serious medical consequences after using a Philips CPAP device, you may be entitled to a monetary award. Pursuing a lawsuit against a major manufacturer might seem overwhelming at first, but a Fort Lauderdale Philips CPAP lawsuit lawyer could help you secure the compensation you need.
Deteriorating Foam Within Philips CPAP Devices Led to Civil Lawsuits
The recall and ensuing lawsuits over Philips CPAP devices are based on the deterioration of sound abatement foam found within the device. This foam is made from polyester-based polyurethane, which is commonly referred to as PE-PUR. PE-PUR foam disintegrates over time, releasing foam particles and toxic gases into the device.
As users inhale, they breathe in these foam particles and gases. This leads to inhaling or ingesting carcinogenic substances that could result in lung disease or various forms of cancer. PE-PUR foam used in Philips devices could also degrade faster in hot, humid environments. Unapproved cleaning methods also have the potential to result in the rapid breakdown of this foam.
In total, there are two legal grounds that plaintiffs are pursuing in CPAP lawsuits against Philips. To recover compensation, you must make the case that Philips should have known the foam used in its devices is dangerous, but they ultimately failed to act in time. You could do this by establishing a design defect or pointing out Philips’ failure to warn consumers of these dangers. Many plaintiffs pursue claims on both of these grounds.
A Design Defects Case
One of the most common claims against Philips is that that their CPAP, BiPAP, and mechanical ventilator devices were developed with a defective design.
In other words, the poor design resulted in these devices being inherently dangerous to the public. Providing a device that includes materials that break down and become carcinogenic over time could be an example of a design defect.
A Failure to Warn Case
There are other legal options besides proving design defects. You may be able to pursue a case based on Philips’ failure to warn the public of the dangers associated with their CPAP devices.
Central to this legal theory is the belief that Philips was aware of the health risks associated with the deteriorating foam and failed to warn the public in a reasonable amount of time.
There is no doubt that Philips waited at least two months before notifying the public of the dangers their devices represent. However, some patients allege they informed Philips of the dangers of their devices years before the recall finally happened.
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What Compensation Might Be Available to You?
If you successfully pursue a legal claim against Philips, you could be entitled to recover an array of monetary compensation. The specifics of your financial recovery will depend on the facts of your case. Some of the damages that might be available include:
You could incur substantial medical expenses following a cancer diagnosis. Even resolving less-severe medical conditions could be expensive. By filing a civil lawsuit, you could recover damages based on your past and future medical costs.
If you are living with a serious health condition due to your extended use of a Philips CPAP device, your health could prevent you from maintaining employment. A civil lawsuit could replace your wages that were lost due to your condition.
Diminished Future Earnings
Even if you are eventually able to return to the workforce, your health could limit the type of work you are able to do. If your health condition forces you to perform lower-paying work, you might have a claim for your diminished future earnings.
Pain and Suffering
Many of the conditions associated with exposure to the dangerous substances within Philips CPAP devices are painful. This is true even of less-serious symptoms like skin or throat irritation.
Severe medical issues like heart disease or cancer could result in chronic pain. You might be entitled to compensation for that physical pain and suffering.
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There are Many Illnesses and Symptoms Related to Philips CPAP Use
The dangerous chemicals released by Philips CPAP devices could cause a wide range of medical conditions. Some of these conditions are relatively minor and could clear up on their own. Unfortunately, certain illnesses could have permanent or even life-threatening consequences. Some conditions linked to the use of Philips CPAP devices include:
- Lung disease
- Nasal, kidney, or bladder cancer
- Heart failure
- Pleural effusion
- Reactive airway disease (RAD)
- Heart attack
These illnesses have a variety of signs and symptoms. Some of these symptoms are easy to notice, while others are not. It is also possible that some of these symptoms could be attributed to factors outside of the toxic chemicals and debris released by CPAP devices. Some of the most common side effects from extended Philips CPAP use include:
- Airway irritation
- Skin irritation
- Sinus infection
- Chest pressure
Any of these symptoms could be related to the harmful particles released through a Philips CPAP device. If you believe your medical condition is related to your use of a Philips device, our firm is ready to help fight for you.
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Our Fort Lauderdale Lawyer Can Represent You in a Philips CPAP Lawsuit
If you previously used a Philips CPAP device to treat your sleep apnea or other medical conditions, you might be entitled to compensation. A successful civil lawsuit could provide you with the financial recovery you deserve.
Chalik & Chalik Injury Lawyers is ready to help you hold Philips accountable for the dangerous devices they sold to the public. Our team will work with you to develop your case for a fair financial award in Broward County. To get started, call (954) 472-7122 for your free consultation with a compassionate team member.
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