A severe medical condition such as sleep apnea will normally lead you to take precautions to stay safe and get better. A Continuous Positive Airway Pressure (CPAP) machine is a common device prescribed to treat sleep apnea disorders.
If these machines result in a serious medical condition such as cancer, the company manufacturing the product has responsibilities they cannot neglect. If you’ve used a Philips CPAP machine and experienced negative health conditions, let a Jacksonville Philips CPAP lawsuit lawyer fight for you.
The Philips CPAP Recall
Although doctors prescribe CPAP machines to help you maintain your health, the machine can pose a health risk if not properly manufactured. In June 2021, the medical supply company Philips Respironics recalled their CPAP machines due to serious issues with the device. The machine exposed users to breathing in toxic foam that can cause major health problems.
A polyester-based polyurethane (PE-PUR) foam is used in the device to reduce vibration and sound. However, this foam breaks down over time.
This causes users of the device to breathe in pieces of foam and other chemicals, which can be life-threatening. A few million sleep apnea devices, including CPAP, were deemed faulty and part of the recall.
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Taking Action Against Philips
If you used a Philips CPAP machine recently and experienced health problems, you may be eligible to file a lawsuit. Any health condition that your doctor believes is related to a CPAP device, especially cancer, gives you grounds for a legal claim against the company.
Be sure to make notes on the use of your machine, including when you started using it and for how long. You should also speak with one of our attorneys to determine if you have a viable claim. We can also assist you in figuring out your next steps, including how to obtain the required medical records for a lawsuit.
Filing an injury case typically requires the following four elements to seek compensation:
- Duty of Care: We must establish the company had a legal duty of care to avoid the situation.
- Breach of Duty: We must establish that the company breached this duty of care through negligence.
- Causation: We must provide evidence that the breach of duty resulted in damage to your health.
- Damages: We must provide evidence, such as medical bills, that shows you incurred actual damages.
Let a Jacksonville Philips CPAP lawsuit lawyer help you negotiate and secure the compensation you deserve. You shouldn’t have to suffer from a health condition after using a medical device meant to improve your health.
Chalik & Chalik Philips CPAP Lawyer Near Me (904) 549-6065
Compensation You May Be Entitled to in Duval County
If you have a valid lawsuit, you are also entitled to compensation for damages. The potential compensations available from a CPAP lawsuit include:
- Medical bills: You may be entitled to compensation for your current, past, and future medical bills for all treatments associated with the health condition caused by the CPAP machine.
- Pain and suffering: Being deceived about the safety of a medical device is emotionally traumatizing, and you may be entitled to compensation for the emotional injury the experience caused.
- Lost wages: If you became hospitalized due to a defective CPAP machine and couldn’t work, you may be entitled to lost income.
- Future income loss: If your health condition prevents you from working, you may receive compensation for future lost earning potential.
- Punitive damages: Sometimes, a judge or jury will decide that the company owes additional funds to punish the company for negligence and prevent similar actions from occurring in the future.
Every situation is unique. Depending on your health condition and the losses you experienced, you will be entitled to different types and amounts of compensation. A Jacksonville Philips CPAP lawsuit lawyer will help assign a monetary value to your losses and fight for the best possible outcome for your case.
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Health Rsks Associated with the Recalled CPAP Machines
One of the major health risks of inhaling or swallowing the toxic foams in the CPAP machines is cancer – a severe and unacceptable condition that users of medical devices shouldn’t have to experience. The types of cancer that users are vulnerable to include:
- Breast cancer
- Brain cancer
- Kidney cancer
- Liver cancer
- Lung cancer
- Nasal cancer
- Prostate cancer
- Stomach cancer
- Thyroid cancer
The list of other potential health risks is also extensive. Users have reported experiencing:
- Irritation of the respiratory tract, skin, nose, and eyes
- Chest pressure
- Inflammatory responses
- Vomiting or nausea
- Sinus infections
- Increased breathing problems
- Heart problems
- Hypersensitivity or immune system reactions
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Medical device manufacturers like Philips Respironics should ensure their machines are safe for users and offer the advertised health benefits. They must comply with various regulations and laws, including 21 CFR 820 quality system regulations. When manufacturing companies are negligent, there are repercussions.
According to Florida Statutes § 768.81, Florida is a pure comparative negligence state. So, the defendant is financially responsible for their portion of negligence. This can include damages caused by the manufacture, design, or preparation of a product, which is relevant to the issues concerning the CPAP recall.
In their recall strategy, the company is responsible for reducing users’ health risks and repairing and replacing the recalled devices. Philips also has a responsibility to warn the public of future machine defects and dangers.
Lawsuits Against Philips
Philips had two class action lawsuits filed against them in June 2021, claiming the company knew about the severe health issues the toxic foam in their devices was causing.
However, the company didn’t issue a public warning until April 2021 and didn’t have their official recall until June 2021. The lawsuits Philips is facing are based on two main violations.
Violation 1: Design Defect
Philips’ devices using toxic foam is a significant enough issue for a lawsuit. Philips didn’t properly assure the device quality, and the resulting defects were/are life-threatening.
Violation 2: Failure to Warn
Philips had a responsibility to warn the public of the dangers and defects of their devices as soon as they were aware of the health risks. Users complained of resulting health issues for years.
Additionally, the company should have issued a recall in April 2021, during their public warning. Instead, they waited until June 2021 and continued to profit from sales for at least two months.
A Jacksonville Philips CPAP Attorney from Our Firm Can Help You
A Jacksonville Philips CPAP lawsuit lawyer can help you create a robust case. We can also determine if your CPAP machine is a recalled model by using the device REF number to identify it on the Food and Drug Administration (FDA)’s product classification page.
A CPAP lawsuit lawyer will help you navigate the legal requirements of filing a lawsuit so that you can focus on your health. You shouldn’t have to worry about dealings in court, negotiating your claim, or retrieving the required documents for evidence.
Chalik & Chalik Injury Lawyers Offers Free Consultations
Fighting for victims for decades now, we at Chalik & Chalik Injury Lawyers have the experience, empathy, and passion necessary to secure compensation. The firm’s partners, Jason and Debi Chalik, will work directly with you. You can rest assured that the team has your full interest at heart.
Our team is proud to support people in the local community with their legal needs and offer scholarships for cancer survivors. Contact our Jacksonville office today at (904) 549-6065. You will receive a complimentary consultation to better understand your situation and be advised on the legal steps you can take.
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