The U.S Food and Drug Administration (FDA) alerted people using Philips Respironics Continuous Positive Airway Pressure machine (CPAP) machines that the company is recalling its devices because of a design defect. If you are dependent on the CPAP device, you are advised to seek advice from your doctor before taking any steps to stop using your machine.
Even before the recall, many patients complained about the side effects of using the CPAP devices from Philips Respironics. If you or your loved one has been affected, your personal injury lawyer can help you file a Philips CPAP lawsuit. You could secure fair compensation.
What Are Philips CPAP Devices?
A CPAP is used to help patients suffering from sleep apnea and other related respiratory diseases. This device can send a steady flow of oxygen into the patient’s mouth and nose as they sleep. It helps keep the patient’s airway open, giving room for normal breathing.
Under its subsidiary Philips Respironics, Philips is the biggest distributor of CPAP devices in the United States. However, the devices were recently discovered to be defective and have since been recalled.
The Problem with Philips CPAP Devices
Philips CPAP devices have a polyester-based polyurethane (PE-PUR) sound abatement foam. When this foam degrades, it can find its way into the patient’s respiratory system, causing severe respiratory problems and some types of cancers.
An investigation by the FDA shows that Philips internal testing showed degradation of the polyester-based polyurethane foam. The degraded material is and may be carcinogenic. Even though the company knew parts of its CPAP device were defective, they continued selling the machines anyway without warning its users. In June 2021, Philips decided to recall all its devices, affecting millions of users all over the United States.
Recommendations for People Who Use Affected Philips CPAP Machines
If you were using (or continue to use) the recalled Philips CPAP machines, the first step is to talk to your doctor.
Your health care provider might recommend:
- Stopping the use of the device
- Using another similar device that has not been recalled
- If your health depends on the CPAP device, your doctor might recommend that you continue using it (it might be riskier to stop using the machine)
- Your caregiver provide you with alternative treatments such as oral appliances or positional therapy
- Starting long-term therapies for sleep apnea (weight loss, avoiding alcohol consumption, quitting smoking, and considering some surgical options that may be helpful)
Apart from consulting your doctor, always follow the manufacturer’s instructions and recommendations when cleaning and replacing parts of the CPAP machine. If you continue to receive problems with your Philips CPAP device, report the matter through the FDA’s MedWatch Voluntary Reporting Form.
How to Tell If Your Device Has Been Recalled and What to Do Next
After the Philips CPAP recall, many patients were left wondering whether their devices were affected or not. To tell if your device is affected, the FDA suggests that you take the following steps:
- Read the FDA’s recommendations to know what to do depending on the type of Philips device you are using.
- Talk to your doctor before deciding whether or not you will quit using your CPAP device.
- Find your device’s serial number and then determine if it is one of the recalled models.
- Register your device on the Philips Respironics website and begin the recall process.
- Remember to keep your registration confirmation number for future communications and updates.
- If you have a health issue resulting from using Philips CPAP device, report to the FDA.
FDA Actions on Philips CPAP Devices
The FDA is the body responsible for protecting the public and giving assurance of safety, security, and efficacy of the following types of goods in the United States:
- Human and veterinary drugs
- Medical services
- Food supply
- Medical devices
- Biological products
In the latest Philips CPAP recall, the FDA has initiated on-site inspections of Philips Respironics’ manufacturing facilities to assess compliance with regulatory requirements. Aside from that, the FDA is:
- Monitoring the whole repair and replacement process to ascertain that the recalled devices meet all the requirements before being allowed back into the market
- Asking Philips Respironics to be transparent in its dealings to avoid future negligence cases
- Working with the patient organizations, consumers, and healthcare service providers to help the community understand the status of the recalled CPAP devices
- Partnering with relevant stakeholders to conduct surveys that will help the organization understand how various patients were affected by Philips CPAP machines before the company recalled them
- Working with government partners and manufacturers to explore alternative CPAP devices for patients.
What Factors Could Make Philips Liable in Your Case for CPAP Defect Injuries?
You could file for a Philips CPAP lawsuit compensation for your troubles after determining your losses are connected to your use of the CPAP. With the rising numbers of CPAP lawsuits, there is an increasing chance that victims can build a strong case against Philips Respironics on two accounts.
Releasing Defective Machines Into the Market
Philips Respironics has managed to distribute millions of CPAP devices all over the United States. The surprising bit is that investigations by the FDA show that the company knew its products had defects in its design but chose to sell them anyway. This could qualify as negligence.
Failure to Warn
We understand that CPAP devices are essential for patients suffering from sleep apnea and other related respiratory diseases. However, some patients feel that if they were warned of the impending dangers of using the Philips CPAP devices, they probably would have made better judgments.
Device users could have avoided some losses had they known about the defect. Failure to warn its consumers of a well-known hazard is another factor that may implicate Philips Respironics.
Injuries Named in Philips CPAP Lawsuits
Breathing in chemicals or swallowing small foam pieces can lead to numerous health hazards. Patients who use the Philips CPAP devices complain of symptoms that range from mild to life-threatening. Users who rely on these machines can suffer from permanent impairment and life-threatening diseases requiring further medical assistance.
The FDA reports that common injuries named in Philips CPAP lawsuits include:
- Skin irritation on the eyes, face, skin, and airway
- Toxic or carcinogenic effects to organs
- Sinus infection
- Chest pressure
What You Will Need Before Filing a Philips CPAP Claim for Compensation
A claim against Philips Respironics requires that you submit medical documentation, proof of CPAP use, and other relevant documents that prove your medical condition is due to the usage of the defective Philips CPAP devices.
Even though anyone can file a Philips CPAP lawsuit, hiring a lawyer with knowledge of product defect laws and class action lawsuits can benefit you. Your lawyer can take the weight off your shoulders and handle your entire case. Your lawyer can:
Analyze Your Case to Determine Fault and Liability for Your Losses
Understandably, you might be intimidated by the opposition. However, you deserve justice, and holding Philips accountable can bring you a sense of this justice. Our team knows what to do when a defective product injures someone.
Chalik & Chalik Injury Lawyers can work towards fair compensation for you or your loved one. We can analyze your case and give you an honest opinion of your chances of success. Our team will investigate your injuries and formulate a plan. You might benefit from an independent lawsuit. However, your lawyer could recommend that you join an ongoing class action suit.
Collect Evidence that Supports Your Defective Philips CPAP Machine Claim
Evidence collection is an important aspect in determining the success of your lawsuit. The more the evidence, the more compelling your case could be. However, some evidence can be hard to collect without the help of a professional.
For instance, if you suffered emotional distress from using the Philips CPAP machine, you might not know how to establish your losses to the court. However, our lawyers can utilize our resources to secure interview transcripts with your loved ones, for instance, to show your emotional changes since using the CPAP.
Represent You in Negotiations with Philips’ Lawyers
When you go into negotiations with a party that harmed you, your lawyer can help negotiate a fair outcome. Your attorney can represent you in court if they cannot settle the case with Philips’ insurance company.
Having someone to guide you throughout your lawsuit can make you feel less stressed and allow you to recover in a more calm state. Our team has secured millions of dollars for our past clients. We know how to present our clients’ cases in the courtroom. Count on us in this difficult time.
Our Team Is Ready to Take on Your Philips CPAP Case for Damages
Your legal advocate at our firm has got you covered for your personal injury case. Our lawyers have handled plenty of cases and know all the defendants’ tricks to avoid paying compensation.
Contact Chalik & Chalik Injury Lawyer today at (855) 529-0269 for a free consultation and begin your journey towards securing justice. The financial damages we will pursue can make your life easier.