Philips Respironics issued a recall for some of its products, including CPAP machines, in June of 2021. Many of Philips CPAPs, BiPAPs, and ventilators weren’t safe for consumers to use because the devices’ polyester-based polyurethane (PE-PUR) sound abatement foam deteriorates into carcinogenic particles. If inhaled or ingested, you may develop inflammation, asthma, and cancer, among other complications.
While only your doctor can tell you whether it is safe to use a Philips CPAP machine, we can explain which ones were recalled, why they could be dangerous, and what you can do if you or someone you love suffered an injury or illness from these devices.
What Products did Philips Recall?
So far, the company estimates that it will need to recall more than 3 million machines, including continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and ventilator devices. These machines all use PE-PUR foam to make the machine less noisy. Here is a list of the products included in the recall:
- Garbin Plus, Aeris LifeVent Ventilator
- A Series BiPAP V30 Auto Ventilator
- C Series S/T, AVAPS
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation GO CPAP, Auto CPAP, BiPAP
- Dorma 400, 500 CPAP
- SystemOne ASV4
- OmniLab Advanced Plus In-Lab Titration Device
- SystemOne 50 series
- SystemOne 60 series
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
If you used any of these products, you still have options for sleep aids. Philips Respironics has sent out 750,000 repair kits, with 250,000 having already been installed. You could also use another one of their machines that hasn’t been recalled. Some of which are:
- DreamStation 2 Auto CPAP Advanced and DreamStation 2 Auto CPAP
- Respironics M-Series REMStar CPAPs, Auto CPAPs, and BiPAPs
- A-Series Pro and EFL
- Trilogy Evo, Trilogy Evo OBM, Trilogy EV300, Trilogy 202
- Omnilab and OmniLab Advanced Titration devices
- V60, V60 Plus, or V680 Ventilator
Talk to your doctor to determine which is the best route for you. Do not stop using your CPAP, BiPAP, or ventilator without speaking to your doctor first.
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An Overview of PE-PUR Foam
PE-PUR foam is meant to decrease the sound and vibration in CPAP and ventilator machines. While the foam is generally harmless intact, it can release tiny carcinogenic particles and gases into the airways when it degrades. If inhaled or ingested, a wide variety of health complications can occur.
Consumers may experience:
- Respiratory failure
- Skin, eye, respiratory tract irritation
The use of CPAP machines has also been linked to various cancers, particularly lung cancer, kidney cancer, colon cancer, and liver cancer. If you are experiencing any of the above symptoms, we recommend you see your doctor as soon as possible.
Are You Eligible for Compensation If Your CPAP Was Recalled?
If you or a loved one suffered an injury or illness resulting from a defective CPAP machine, you may be entitled to recover damages. The types of compensation you receive can vary, depending on how severe your condition is.
Still, some forms of compensation you can receive include:
- Past and upcoming medical expenses if your condition called for surgeries, imaging scans and diagnostic assessments, hospitalizations, pain medications, ongoing doctor’s appointments, and medical equipment
- Lost wages if your condition kept you from earning a living, causing you to miss out on your salary, hourly pay, commissions, tips, bonuses, and promotions, among other business opportunities
- Future loss of earning potential if your condition will put you out of work for the foreseeable future
- Pain and suffering if your condition or treatment causes you discomfort and/or inconvenience
- Disability if your condition leaves you mentally or physically disabled
- Mental anguish if your condition and the treatment has taken a toll on your mental and emotional health
- Disfigurement if the effects of your condition or treatment have left scarring
Wrongful death damages may be available if you lost your loved one to their CPAP-related condition. Such forms of compensation you can seek include end-of-life care costs, funeral or burial bills, and loss of inheritance or consortium.
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How a CPAP Lawsuit Lawyer Can Help You With Your Case
Your focus should be on your treatment – not building a legal case against Philips Respironics. You may want to consider enlisting the services of a product liability lawyer to take on all case-related responsibilities for you.
We will work to hold Philips Respironics accountable for their negligence. In doing so, your attorney may:
- Compile evidence, such as your recalled CPAP machine serial number, video footage, medical records, doctor’s testimony, and relevant photographs
- Help you decide which legal route is best for you – whether it’s multidistrict litigation (MDL), a class action lawsuit, or an individual product liability lawsuit
- Maintain communication with the courts, Philips Respironics, and its insurance and legal representatives
- Work to prove that your CPAP machine had a defective design, insufficient warnings, and flawed manufacturing
- Enter into settlement negotiations to ensure you recover the compensation you need to help you through treatment and get back on your feet
- Handle all legal proceedings, if the case goes before a judge and/or a jury
Make sure you get in touch with a law firm soon, though. Every state imposes a statute of limitations on product liability lawsuits. If you fail to meet your applicable time frame, then you may be barred from pursuing damages from Philips Respironics. A lawyer can help you determine how long you have to take action and meet the deadline.
For a free legal consultation call (855) 529-0269
Hiring Our Firm for Your Philips Respironics CPAP Machine Case
If you used one of Philips Respironics’ recalled CPAP, BiPaP, or ventilator machines, our lawyers can help you pursue compensation from them. With Chalik & Chalik Injury Lawyers on your side, you can count on us to fight for the best possible outcome, while providing the client care you deserve – you’ll even work with our partners directly.
Reach out to us for a free consultation today at (855) 529-0269. Because we work on a contingency-fee basis, we won’t ask for any upfront or out-of-pocket fees. We only take payment if we achieve a financial outcome for you.
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