Whether you can file a lawsuit on behalf of a loved one who was affected by Philips CPAP depends on where you live. Each state has its own rules, but you can generally file a lawsuit if your minor child suffered harm from a Philips CPAP machine.
Matters change if you’re filing on behalf of a late family member. Per Florida Statutes § 768.21, a decedent’s spouse, parent, or child can file a wrongful death action. However, this largely depends on each situation.
Some States Prioritize Who Can File a Wrongful Death Action
Some states prioritize who can file a wrongful death case over others. For instance:
- If you lost a spouse, you can file a lawsuit.
- If you lost an adult child, and they were not married or did not have any children, you can file.
- If you lost a parent, and they were unmarried, and their parents are deceased, the state may accept your case.
Exceptions may apply. In some states, like Texas, only a personal representative of the decedent’s estate can initiate legal action. This representative is usually named in the decedent’s will or appointed by the state. They’re not necessarily a family member, but they could be.
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A Lawyer Handling CPAP Cases Can Evaluate Your Situation
You can consult a lawyer to learn whether you can file a civil suit on behalf of a loved one. They can examine your case and explain your legal options. Furthermore, they can prove that these factors support your right to compensation:
- Your loved one used a Philips CPAP machine for sleep apnea or another related condition.
- They used the product as instructed.
- They suffered harm (like cancer) from using the device.
Your lawyer may use your loved one’s medical records, personal testimony, and doctors’ statements to support your case.
Things to Know About Pursuing Compensation from Philips
If you can pursue damages for a loved one affected by Philips CPAP, consider the following:
Philips Recalled Over 30 Million CPAP Machines in 2021
In 2021, the U.S. Food & Drug Administration (FDA) announced that Philips was voluntarily recalling millions of CPAP and BiPAP machines from the market. These devices rely on foam to insulate airflow from the machines and into users’ airways. However, the foam can break off, enter users’ bodies, and cause cancer.
There are three types of recalls: Class I, Class II, and Class III. In July 2021, the FDA noted that the Philips CPAP case was a Class I recall, the most serious type. It noted that there is a “reasonable probability” that these devices can harm users – even when used periodically or as instructed.
You Have a Limited Time to File Your Injury Lawsuit
Each state imposes a deadline on all civil cases, ranging from one year to six years. It all depends on where you live. If you live in Florida, you could have four years to file your lawsuit, per Florida Statutes § 95.11(3)(a). If you lost a loved one, you would typically have two years to file your case.
Filing your lawsuit within the correct deadline is critical because:
- The court will dismiss your case if filed outside the applicable period.
- You would be unable to file your lawsuit again if it’s dismissed with prejudice.
- You could find yourself without any legal resource options.
The civil statute of limitations applies to lawsuits, not insurance claims.
You Can Pursue Compensation for a Host of Expenses
If you’re pursuing compensation for a loved one, compensation could cover:
- Medical expenses. Your child may require ongoing medical care due to their CPAP machine. If your loved one passed away, you may need reimbursement for hospice, palliative care, and other end-of-life healthcare services.
- Lost income. You may have relied on your loved one’s income to make ends meet. If they missed work, a lawsuit could provide compensation for lost income, benefits, and bonuses.
- Pain and suffering. Philips CPAP machines have been linked to cancer. Such a diagnosis can seriously affect one’s quality of life. Pain and suffering accounts for this hardship.
- Funeral and burial expenses. Even small funerals can cost thousands of dollars. Through civil action, you can recover compensation for your loved one’s burial, cremation, and memorial service.
- Loss of consortium. If you lost a spouse, you can seek damage for the loss of their society and companionship.
Based on your situation, you may seek additional losses to those listed here. Examples include loss of enjoyment of life, disability, scarring, and disfigurement.
You Can Partner with a Lawyer on a Contingency-Fee Basis
Many Philips CPAP lawyers help injured claimants on a contingency-fee basis. This payment plan reduces your financial risk when partnering with a lawyer because:
- They charge nothing out of pocket or up front.
- A percentage of your settlement pays for their services.
- You owe nothing if they don’t win your case.
Here, you don’t have to worry about hourly rates or retainers. All you have to focus on is your personal health and well-being.
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Why Partner with a Lawyer on Your Philips CPAP Case?
You might think that because Philips is a billion-dollar company, it should have no problem paying for claimants’ damages. However, this is quite the opposite. Philips and its team of lawyers will do everything possible to deny, contest, or undervalue your case.
It might argue that:
- Your loved one had a pre-existing health condition that made them develop cancer.
- There is no link between the CPAP machine and your loved one’s condition.
- Your loved one did not use the CPAP machine as instructed.
- It shouldn’t pay for certain expenses, such as pain and suffering.
When you partner with our firm, you don’t have to fret about going up a giant company on your own. In the decades we’ve served injured claimants, we’ve recovered millions from big-name companies. We’re ready to advocate for you and your loved ones today.
For a free legal consultation call (855) 529-0269
What to Expect When You Partner with Our Philips CPAP Injury Team
When you partner with our injury team, you’ll work with our founding attorneys – not a paralegal or an intern. Here, you can rest assured that we’re doing everything possible to resolve your injury case.
- Offer free case reviews
- Help injured claimants on contingency
- Gather evidence to support your case
- Communicate with the involved parties for you
- Handle everything your case requires
While you spend time with your family, we will champion your legal rights. We encourage you to call us if you have any questions or concerns about your case.
Call Chalik & Chalik Injury Lawyers to Explore Your Legal Options
When you consult our firm, we will listen to your story and explain whether you can file a lawsuit on behalf of a loved one affected by a CPAP machine. To get started, dial (855) 529-0269.
Call or text Chalik & Chalik (855) 529-0269