For years, Philips’ continuous positive airway pressure (CPAP) machines have helped people with sleep apnea get a full night’s rest. However, in June 2021, Philips issued a voluntary recall on many of its CPAP machines because these machines pose life-threatening risks to their users.
Chalik & Chalik Injury Lawyers advocates for people injured by defective products. We will manage everything your Philips CPAP lawsuit requires, from negotiations to filing a lawsuit. We also offer free case reviews where you can explore your options with our team.
What Is the Case Against Philips? Can I File a Lawsuit?
In 2021, the U.S. Food & Drug Administration (FDA) stated that Philips had recalled many of its CPAP machines after learning that the device caused health complications such as:
- Lung damage
- Kidney damage
These complications occurred because the foam around the machine’s mouthpiece and nosepiece broke down and entered users’ airways, causing life-threatening conditions.
The lawsuit against Philips alleges that the billion-dollar company knew about its machines’ dangers but did not warn consumers of potential risks. Now, injured claimants are demanding that Philips pay compensation for their medical bills, lost income, and other associated expenses.
What Devices did Philips Recall?
As of January 2022, Philips had recalled various CPAP and BiPAP machines, including the:
- REMstar SE Auto
- System One 50 and 60 Series
- DreamStation and DreamStation Go
- Dorma 400 and 500
- C-Series S/T, AVAPS
- OmniLab Advanced+
- SystemOne ASV4
- C-Series ASV
- DreamStation ASV
- DreamStation ST, AVAPS
As more people come forward with injury claims, additional devices could be recalled.
What Should I Do If My CPAP Machine Was Recalled?
After learning that Philips’ CPAP machines cause cancer, you might be tempted to stop using your device. However, you shouldn’t make any changes to your treatment plan before talking to your doctor.
They can provide information about alternative treatments or whether it’s still safe to use your CPAP machine.
Compensation from a Philips CPAP Lawsuit Could Cover These Expenses
If you or a loved one developed health complications after using a Philips CPAP machine, you can seek compensation for:
Past and Future Medical Bills
A settlement or court award can cover:
- Doctors’ appointments
- Physical therapy
- Assistive devices, such as wheelchairs
- Specialists’ visits
When determining what you can recover, we will evaluate your past, present, and future healthcare needs. We may consult with your doctor about additional expenses you can pursue.
Lost Employment-Related Benefits
Living with kidney damage, cancer, or other ailments can affect your ability to work. This can put you in serious financial straits – especially if you’re the family breadwinner. Compensation in your case can go beyond your income.
It could also account for:
- Paid time off
- Vacation days
- Benefits (such as insurance)
We will also consider your future earning capacity when reviewing your case.
Pain and Suffering
Pain and suffering accounts for the hardship of being injured. Its value depends on your situation, including your condition’s severity and estimated recovery period. Some states limit how much you can request for pain and suffering in a product liability case. Other states, like Florida, do not.
Wrongful Death-Related Losses
A defective Philips CPAP machine might have caused your loved one’s passing. Our legal family wants to help your family get financial relief. While you mourn your loved one, our lawyers will seek compensation for:
- Funeral expenses, including cremation/burial
- Your loved one’s pain and suffering and lost income
- Loss of consortium, parental guidance, and household benefits
- Your loved one’s final medical treatments
Sometimes, the courts award injured claimants something called “punitive damages.” These damages do not compensate an injured person for their losses. Instead, they punish the offending party. While punitive damages are not available in all cases, if they are an option in yours, we can pursue them.
Is there a Deadline for Filing My Philips CPAP Lawsuit?
Every product liability case comes with its own filing deadline. How long you have to file depends on:
- What state you live in. Some states allow for longer filing periods than others. You could have anywhere from one year to six years to file.
- When you discovered your condition. As noted, Philips’ CPAP machines have been linked to health complications, like cancer. Your filing deadline may depend on when you were diagnosed.
- When you began using your CPAP machine. Your filing deadline may depend on when you started using a Philips CPAP machine. This will help your lawyer understand when your condition developed.
- Your age. Children can develop sleep apnea. If your child developed complications because of a CPAP machine, their filing deadline likely begins when they turn 18 years old. You may also file a lawsuit on their behalf.
Reasons to File within the Statutory Deadline
First things first: if you don’t file your lawsuit within the appropriate period, you lose the right to compensation. The court will dismiss your case and prevent you from filing it again.
Other reasons to consider prompt legal action include:
- You must make a connection between your injuries and the CPAP machine. You don’t want the other party’s lawyers to question your condition’s cause. The sooner you get started, the easier it will be to draw a connection between your diagnosis and the dangerous product.
- Time-sensitive evidence doesn’t last forever. You want as much evidence as possible to support your case. Yet, eyewitnesses’ memories and other pieces of information may become unavailable over time. Without this information, your case becomes less compelling.
The Cost of Hiring a Philips CPAP Lawsuit Lawyer from Our Firm
When we manage your CPAP injury lawsuit, you pay nothing up front for our help. We work on contingency, so:
- We finance your case.
- We don’t charge hourly rates or retainers.
- You only pay our attorney’s fees if your case successfully ends.
- Our attorney’s fees come from your settlement and depend on your case.
Why Partner with Chalik & Chalik Injury Lawyers on Your CPAP Lawsuit?
Here are some reasons to consider partnering with our client-centered firm:
You’ll Work Directly with Our Founding Partners
Sometimes, when you work with other firms, you never meet your lawyer personally. Instead, you work with paralegals or attorneys’ assistants. Not with our firm. When you partner with us, you’ll work directly with our founding partners, Jason and Debi Chalik.
With our founders on your side, you won’t have to worry about navigating the legal process alone.
We’ve Recovered Millions for Injured Claimants
We’re not a “jack of all trades” firm. We primarily focus on personal injury law. We have extensive experience going head-to-head with million-dollar corporations. For instance, we once secured a multi-million-dollar settlement from Ford and Bridgestone after our client suffered extensive injuries from defective tires.
Examples of other previous outcomes include:
- Our client used a defective product as instructed and suffered catastrophic injuries. After intense negotiations, we recovered more than $22 million in damages.
- We recovered a $6.5 million award in federal court for a client who suffered catastrophic injuries.
- Our client trusted their car to bring them from point A to point B – until a vehicular defect caused a serious collision. After negotiations, we secured a $5 million settlement.
One percent of the nation’s lawyers are part of the Multi-Million-Dollar Advocates Forum, an elite group of attorneys who have recovered multi-million-dollar settlements. We’re proud members of that organization. This is a testament to our previous successes and commitment to our clients.
Our Clients Love Working with Us
We’ve helped injured people just like you. Some of our previous clients have shared:
- “Attorney Chalik was extremely responsive and professional. His office kept us well-informed as things progressed. He showed true concern about the status of my wife’s recovery from her injury. I highly recommend his firm and feel very comfortable in suggesting them when asked for recommendations.” – Fred S.
- “Working with Debi was a great and stress-free experience. She is extremely caring. Her staff is amazing and very responsive. Truly grateful to have worked with Debi. I highly recommend Chalik and Chalik to anyone needing an attorney who will fight for you best they can.” – Jennifer B.
- “I really can’t say enough great things about this Firm. Honest, ethical and great communicators. Dell made me feel like family and answered all my questions numerous times. The experience that Jason and his team have is quite obvious. They kept me updated about my case at all times. Very happy client!!” – Charles P.
We Offer Resources to Injured CPAP Claimants
While you consider your legal options, we encourage you to check out these resources:
- Our FAQ page. If you ever have any questions about your case, feel free to consult our firm. However, your question might already be answered on our FAQ page. We have dozens of articles posted that answer questions like, “How does a personal injury lawsuit work?”
- Our video library. We have many videos about pursuing compensation after getting hurt. Here, you can understand what it’s like to work with us before your first case review.
- Our Facebook page. We’re constantly updating our Facebook page to share upcoming events and other relevant information. You can also read our reviews and testimonials on that platform.
What Should I Do While I’m Considering Legal Aid?
After you are diagnosed with a CPAP-related illness, you will want to do the following to protect your physical and financial health:
Follow through with Medical Treatment
Following your doctor’s orders promotes your health. Additionally, it shows the other party that you did everything possible to address your condition. We encourage you to:
- Take all prescribed medications
- Attend doctors’ visits and physical therapy
- Take time off work as recommended
- Refrain from demanding physical activity
If you want to discontinue treatment, ask your doctor to sign off on your reasons in writing. That way, the other party doesn’t accuse you of worsening your condition.
Gather Evidence of Your Diagnosis
To have a successful product liability claim, you must prove that you or a loved one suffered health complications after using a Philips CPAP machine. Evidence is the backbone of every successful case.
Supporting information can include:
- Information from your doctor
- Your imaging scan and lab test results
- Testimony from those close to you
- Your own personal testimony
- Your medications and treatment plan
- The CPAP machine itself
If you can’t collect these details, don’t worry. We’ll conduct our own investigation to gather evidence.
Think Twice About Accepting a Settlement Offer
As Philips learns about more and more cases, it might offer out-of-court settlements to plaintiffs considering litigation. However, even though Philips has billions of dollars, don’t expect it to offer a fair settlement. Philips likely wants to resolve these cases as cheaply as possible.
If you accept an offer from Philips without understanding the full cost of your damages:
- You cannot request more money if your condition gets worse.
- You cannot file another claim or lawsuit for compensation.
- You might have to pay for your remaining expenses out of pocket.
If you accept a settlement, your case is over.
Take Advantage of a Free Case Review
Your free case review is exactly what it sounds like: we review your case for free. During our no-obligation discussion, you can get the answers to these questions:
- What damages might I be eligible for?
- What can a lawyer from your team do for me?
- How long could it take to resolve my case?
- What happens if my lawsuit doesn’t succeed?
- How soon can Chalik & Chalik Injury Lawyers start building my case?
- What can I do to promote my case’s outcome?
We can answer questions other than those listed here.
Connect with Our Law Firm to Start Pursuing Compensation
Since 1995, we’ve helped thousands of claimants recover the compensation they need. You don’t have to go head-to-head with a billion-dollar company alone. While you focus on your family and recovery period, we will manage everything your case entails.
To discuss your case with our team, dial (855) 529-0269.