According to The New England Journal of Medicine, a research team monitored just over 2700 sleep apnea patients and concluded that using a CPAP machine did not improve cardiovascular health. In addition, these machines did not appear to directly cause heart failure or heart attacks.
In 2019, Philips Respironics, the manufacturer, recalled some of their CPAP machines. The company found that the material these devices contained, polyester-based polyurethane (PE-PUR) sound abatement foam, breaks down into small particles that can be carcinogenic. As a result, consumers can experience health complications, such as inflammation, hypersensitivity, and cancer. So far, no one has complained about a compromised cardiovascular system.
An Overview of CPAP Machines
Doctors may prescribe continuous positive airway pressure (CPAP) machines to their patients with sleep apnea. According to Mayo Clinic, sleep apnea is a sleep disorder in which someone’s breathing stops and starts repeatedly.
The CPAP machine is intended to deliver air pressure through a mask during sleep – it helps keep the person’s airways open to prevent apnea and snoring.
Complications Have Arisen from These CPAP Machines
Despite CPAP having helped alleviate people’s sleep apnea, it has caused health complications. This machine contains a material called polyester-based polyurethane (PE-PUR) sound abatement foam. Over time, it breaks down into smaller particles that give off carcinogenic effects.
According to U.S. Food and Drug Administration (FDA), consumers have reported these health issues:
- Nausea and vomiting
- Irritation to skin, eyes, and respiratory tract
- Organ damage
The FDA has not cited any complications involving the heart after CPAP use.
Philips Respironics Issued a Recall on Some of Their CPAP Machines
Due to the discovery of the toxic particles and consumers’ consequential health issues, Philips Respironics issued a recall on some of their CPAP machines, as well as their bi-level positive airway pressure (BiPAP), and ventilator devices, in April 2021.
These devices included:
- Dorma 400 CPAP
- Dorma 500 CPAP
- REMStar SE Auto CPAP
- DreamStation GO CPAP, APAP
- DreamStation CPAP, Auto CPAP, BiPAP
- C Series S/T
- C Series ASV
- E30 (Emergency Use Authorization)
- OmniLab Advanced Plus (In-Lab Titration Device)
- Garbin Plus, Aeries, LifeVent Ventilator
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
Depending on your doctor’s advice, you don’t have to try a completely new machine to help you with your sleep apnea. As such, Philips Respironics offers some alternative devices you can use. In addition, the company has sent out 750,000 replacement kits, 250,000 of which have already been installed.
CPAP Litigation Status
If you were harmed after using the CPAP machine, you may have grounds to go after Philips Respironics for your damages. Right now, 137 lawsuits for multidistrict litigation (MDL) are pending, with many more expected to come. MDL is when claimants from all over the country file their own lawsuit, but they are later consolidated to go before one judge.
These lawsuits allege Philips Respironics’:
- Manufacturing defects
- Defective design
- Failure to warn consumers about potentials dangers
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Ways a Product Liability Lawyer Can Help You with Your CPAP Lawsuit
Working out a legal case while you’re getting medical care can prove to be stressful and overwhelming. However, you don’t have to go through this process on your own. Instead, you may want to consider retaining the services of a product liability lawyer.
- Collect evidence (e.g., your medical records, doctor’s notes, photographs, the serial number of your recalled CPAP machine, and/or witness testimony)
- Talk to Philips Respironics’ insurance company, attorneys, and any other involved parties on your behalf
- Explore your legal options and help you decide if you want to file a class action lawsuit, an MDL, or a product liability lawsuit against Philips Respironics
- Enter into settlement negotiations to get you the compensation you need
- Represent you throughout court proceedings
Your lawyer will also maintain communication with you and provide you with frequent updates during the course of your case. If you still have questions or concerns, you should feel free to reach out to them.
How Injury Lawyers Are Usually Reimbursed for Their Assistance
Due to the court and other legal fees, some people may feel hesitant to hire a lawyer. However, many injury law firms serve clients on a contingency-fee basis, meaning:
- They finance your entire case.
- They will offer you a free case evaluation when you first contact them.
- No upfront or out-of-pocket fees are required.
- Your lawyer won’t ask for hourly payments or retainers.
If and when your lawyer settles or wins your case will they take a portion of your compensation. The two of you will agree on this number before you hire them. That way, you avoid facing surprise or hidden fees.
Types of Damages You Can Seek in a CPAP Lawsuit
Depending on the severity of your injury or illness that stems from your CPAP use, you may qualify to recover damages for:
- Past and ongoing medical expenses: For imaging scans and diagnostic tests, medications and treatments, mobility aids, hospital stays, other sleep aids, and ongoing doctor’s appointments
- Lost wages: For the income you didn’t earn if you couldn’t attend work due to your illness, injury, or treatment
- Reduced earning power: For the change in your working capacity if your complications will keep you out of your job long term
- Pain and suffering: For the inconvenience, distress, or discomfort from your injuries or illness
- Disability: For any benefits for which you may qualify from the Social Security Administration (SSA)
- Wrongful death damages: For any end-of-life expenses you and your family incurred if your loved one passed away from their CPAP-related complications
You don’t have forever to go after these damages, as your state’s statute of limitations will restrict how much time you have to hold Philips Respironics liable for your losses. When a lawyer reviews your situation, they can help you determine which deadline applies to you.
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Call Chalik & Chalik Injury Lawyers for Help with Your CPAP Lawsuit
As far as we can tell, it doesn’t appear that CPAP reduces your chances of heart complications – nor does it cause them. Still, if you were harmed by Philips Respironics’ defective devices, Chalik & Chalik Injury Lawyers can help you seek compensation. You’ll even work directly with our partners.
Call today for a free consultation at (855) 529-0269.
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