The recent Philips Respironics recall on several models of CPAP devices has left millions of Americans at risk. With a lawsuit against the company in effect, those impacted by the recalled CPAP machines may be able to pursue legal action for any health problems they sustained.
If you are in the Orlando, FL, area and have suffered negative effects from a Philips CPAP machine, Chalik & Chalik Injury Lawyers wants to help. Our Orlando Philips CPAP lawsuit lawyers can protect your rights and pursue the financial compensation you deserve.
What Is Philips Being Sued for?
Philips recalled several CPAP and BiPAP ventilators due to an issue with degrading polyester-based polyurethane (PE-PUR) sound abatement foam in the devices. Particles from the foam entered the tubing and mask of the devices, causing patients to inhale the debris and harmful gasses, such as volatile organic compounds (VOCs).
Not only does this affect the quality of care the CPAP machine could have provided, but it also exposed millions of patients to toxic and possibly carcinogenic chemicals. Many have reported developing cancer, lung conditions, and other major health problems as a result.
Lawsuits across the country now claim that Philips knowingly manufactured a faulty machine and failed to warn users of the potentially life-threatening side effects it could cause. The U.S. Food & Drug Administration (FDA) investigations in August and November seemingly corroborate this claim, as the company knew well before the recall that the PE-PUR foam could pose potential medical risks to users, including cancer.
Philips Lawsuits Make These Key Claims Against the Manufacturer
The lawsuit against Philips claims two things:
- There was a design defect in the CPAP machines.
- Philips failed to warn consumers about the risks associated with the PE-PUR foam as soon as they discovered them.
What Machines did Philips Recall?
Philips recalled the following breathing machines and ventilators manufactured between 2009 and 2021:
- C-Series ASV
- C-Series S/T and AVAPS
- A-Series BiPAP V30 Auto
- A-Series BiPAP A30
- A-Series BiPAP A40
- Dorma 500
- Dorma 400
- DreamStation ASV
- DreamStation Go
- DreamStationST, AVAPS
- SystemOne (Q-Series)
- SystemOne ASV4
- Garbin Plus, Aeris, LifeVent
- Trilogy 200
- Trilogy 100
- OnmiLab Advanced+
- REMstar SE Auto
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Near Me (855) 529-0269
How Our Orlando Philips CPAP Lawsuit Lawyers Can Help
When a company’s negligence leads to a consumer injury, the medical expenses and pain and suffering can be life-altering. You now have to secure a new CPAP machine while recovering from the adverse effects of PE-PUR, but you may even have to use your recalled one as you wait for a replacement.
The last thing you should have to do is worry about who will protect your rights as an injured party and who will represent you in a court of law. Rest assured that when you choose Chalik & Chalik Injury Lawyers, our personal injury lawyers will fight for what you deserve.
Our attorneys will:
- Seek fair compensation for your damages (such as your medical bills, lost income, and pain and suffering)
- Gather evidence to prove that you were harmed by a CPAP device
- Handle communications with third parties for you
- Guide your lawsuit through the trial process
- Inform you of any settlement offers
- Negotiate a fair settlement
- Advise you of any laws that may affect your case
Bringing a lawsuit against a major corporation can be intimidating. It doesn’t have to be when you have our team supporting you, however.
Chalik & Chalik Philips CPAP Lawyer Near Me (855) 529-0269
How Our Attorneys Will Show that Your Injuries Resulted from a Philips Device
Our lawyers will work to prove four points in your personal injury lawsuit:
- Philips had a reasonable duty of care.
- Philips breached their duty of care.
- The breach led to your injuries.
- The injury caused financial and non-financial damages.
Philips had a Duty of Care to CPAP Users
Philips had a responsibility to not only provide you with a safe, quality CPAP machine, but they also had a duty to warn you of any harmful side effects or operational risks. This will be the first thing we need to prove when presenting your case.
Philips Neglected to Follow Through with that Responsibility
Second, we need to show that Philips neglected these reasonable responsibilities. Philips executives and staff knew well before the recall that the PE-PUR sound abatement foam could degrade and produce risks to CPAP device users, according to the U.S. Food & Drug Administration (FDA).
The company failed to adequately warn users of the risks related to the product in a timely manner, leaving product users exposed to dangerous machines for years.
Your Injuries Directly Resulted Due to the Breach of Care
Whether you developed chronic headaches, asthma, or cancer, we need to prove that it was the recalled Philips CPAP machine you were using that caused your injuries. In this case, we will work with medical experts to testify that your medical injury was caused or exacerbated by the PE-PUR foam – nothing else.
You Experienced Pain and Financial Struggles As a Result
These are what we call damages: the emotional, physical, and financial effects of your injury. We need to present the court with evidence that your CPAP injury has resulted in medical expenses, loss of a job, a worsening condition, chronic stress, and more.
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What Forms of Evidence Will We Use to Make Your Case?
Once our lawsuit lawyers begin working on your case, we will need to collect as much evidence as possible. You don’t have to go investigating for this material when you hire our team.
We will gather evidence such as:
- Medical records
- Statements from your doctors
- Receipts for your purchases
- Expert witness testimony
We will use this evidence to make the strongest possible case on your behalf.
For a free legal consultation with a Chalik & Chalik lawyer serving Florida, call (855) 529-0269
How Much do I Need to Pay an Orlando Philips CPAP Lawsuit Lawyer?
You already have enough to pay for as it is, so the thought of not being able to afford a lawyer might be keeping you from pursuing legal action. You don’t have to forego legal representation just because you can’t afford to pay upfront. That’s why Chalik & Chalik Injury Lawyers works on a no-win, no-fee basis.
We won’t charge you out of pocket, hourly, or for retainment. Your lawyer will only take their payment if they settle the case and secure favorable financial compensation for you.
Give Our Orlando Team a Call Today for Your Free Case Review
Chalik & Chalik Injury Lawyers wants to protect your rights and seek the compensation you deserve for your Philips CPAP-related injury. Give our Orlando team a call today to schedule your free strategy session: (407) 420-9838.
Call or text Chalik & Chalik (855) 529-0269