Some patients who used recalled Philips CPAP devices now suffer from lung problems and other respiratory issues. Patients continue to pay medical bills, and some have lost their ability to generate income and fend for themselves. Usually, when you fall ill because of medical malpractice, it is only fair that you seek compensation to cushion yourself from the tough times you or your loved one are going through.
Unfortunately, these cases are not always straightforward. With many lawsuits filed against the manufacturer, the process can be lengthy and hectic, especially if you are still fighting for your health. If you reside in West Palm Beach, Chalik & Chalik Injury Lawyers is here for you. Our West Palm Beach Philips CPAP lawsuit lawyers will analyze your case and develop a winning strategy to recover your rightful compensation.
Why Are People Filing Philips CPAP Lawsuits?
An increasing number of patients are claiming Philips’ CPAP machines harmed them.
The Philips Continuous Positive Airway Pressure Machine, CPAP, devices were meant to help treat patients suffering from obstructive sleep apnea.The Philips CPAPs have fitted facemasks, tubing, polyester-based polyurethane (PE-PUR) sound abatement foam, and attached machines that generate air pressure.
However, upon investigation by the Food and Drug Administration (FDA), they revealed that the PE-PUR foam used in the CPAP device is toxic and potentially carcinogenic. Once the foam starts to degrade, it can find its way into the patient’s respiratory system, causing more damage in the process.
Some patients who used the devices complained that they were negatively affected.
The CPAP machines’ manufacturer, Philips, knew that the foam that forms a part of the machines was toxic and potentially carcinogenic. However, it chose to keep using the material. Philips did not bother to alert the public of the situation, hence the rising number of Philips CPAP lawsuits.
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A Class Action Philips CPAP Lawsuit is Underway
Despite the recall, many patients who depend on CPAP machines kept purchasing these products as Philips continued to profit. With that in mind, the class action lawsuit against Philips is based on two violations:
The FDA found that Philips knew the devices were potentially defective in 2015 but chose to continue selling them anyway. Philips CPAP devices use degradable foam that, if it finds its way into a human body’s respiratory system, can cause many consequences. This, in itself, could be enough for a lawsuit in West Palm Beach.
Failure to Inform the Public
Apart from using a dangerous material in the machines’ design and selling them to dependent patients, Philips offered no disclaimer whatsoever. The company did not warn the public of the impending danger or spread awareness of the risks posed. Today, patients allege that they complained about the CPAP devices for years, to no avail. In June 2021, Philips decided to recall the devices – long after the damage occurred.
Many patients who depended on these CPAP devices used them for enough time for the health risks to manifest in their bodies. If the company had warned the patients early enough, the results could have been different.
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Your West Palm Beach Lawyer Could Benefit Your Philips CPAP Lawsuit
To begin, lawyers are professionals – they have an understanding of how the law works. Your lawyer from Chalik & Chalik Injury Lawyers can help you build a strong case for compensation.
We Can Use Our Knowledge to Help Your Philips CPAP Injury Case
Many defendants will deny fault or only pay minimal damages. Choosing the right CPAP lawsuit attorney in West Palm, Florida, for you gives you the confidence that justice will be served. Our lawyers know every trick in the book and can quash any attempts by the defendant to avoid paying compensation.
We Can Link Your Injuries to Your Use of the Philips CPAP Machine
Additionally, you must prove that Philips CPAP devices harmed you to build a strong case. To prove this, you must show all the damages caused, some of which can be difficult to establish if you are unfamiliar with the legal process.
For instance, the effects of the CPAP machine could have caused your loved one to lose their job and the ability to provide for their family. Proving some losses can be tricky, but our team is ready to take on your case regardless of the circumstances.
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Injuries You or a Loved One Might Have Suffered from a Philips CPAP Machine
Most people who filed CPAP lawsuits claim to have suffered injuries following the passage of the degraded sound abatement foam into their respiratory system. The FDA reports that CPAP users can suffer from the following medical conditions:
- Skin irritation
- Eye, nose, and respiratory tract irritation
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Losses That Could Qualify You to Receive Philips CPAP Injury Compensation
The health conditions detailed above are only the beginning of the effects your defective Philips CPAP machine could have had on your life. You could recover damages that repay you for the economic and non-economic losses related to using the machine.
These could include:
- Pain and suffering
- Lost wages
- Medical costs
- Mental anguish
- Loss of enjoyment of life
If your loved one passed from their injuries caused by Philips’ CPAP, you could recover damages that address the following losses:
- Funeral and burial costs
- Your loved one’s medical costs from before their passing
- Lost income
- Loss of guidance
- Loss of support
Put Your Philips CPAP Case in the Hands of Our West Palm Beach Lawyers
These CPAP lawsuits are new and can develop fast. It can be overwhelming to take on a legal case alone. If you reside within West Palm Beach, Florida, Chalik & Chalik Injury & Accident lawyers are here to help you.
Our family works directly with yours. Jason and Debi Chalik work with every client. Get a free consultation today by dialing (561) 899-5020. Our past clients have left many positive testimonials about their time with us.
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