Philips CPAP and BIPAP Recall Leads to Lawsuits
Philips recalled millions of CPAP (Continuous Positive Airway Pressure) and BiPAP (Bi-Level Positive Airway Pressure) machines because of the potential adverse health effects of their noise-abatement foam. The recall has left many people without replacements or refunds, and some are seeking justice and compensation through lawsuits.
Why Did Philips Recall Millions of CPAP, BIPAP, and Ventilator Devices?
Philips issued recalls for several versions of its mechanical ventilator and sleep apnea machines, some of which patients need to support life. The machines that were recalled contain polyester foam to minimize the noise emitted by the devices. The company found that the foam- called PE-PUR foam can degrade, causing irritation to the airways and lungs of its users.
Philips alerted the public about the dangers of its CPAP and BIPAP devices, telling everyone to stop using them right away and consult their doctor about whether the benefits of using the devices outweigh the potential health risks.
Patients who used the ventilators for life-support were advised to continue using the recalled machines and speak to their doctors about what steps to take next.
Philips issued a warning after the recall saying that long-term exposure to the foam and particles could cause cancer and other toxic effects.
Lawsuits Have Been Filed Against Philips Over CPAP, BIPAP, and Ventilator Recall
Philips is now the defendant in several lawsuits that stem from the ventilator, CPAP, and BIPAP recall.
In one Massachusetts Philips CPAP class action, Sleep Review Magazine reports that the complaint “alleges that Philips knew about these substantial and material risks from its CPAP machines long before the recall. The complaint also alleges that patients who used the affected devices have complained to Philips about black particles in their machines for many years, but Philips did not warn the public about the hazards until late April and did not recall its machines until June 14.”
The class action aims to recover all damages related to the recall and any injuries caused by the dangerous CPAP machines. The class action also seeks the free replacement of the recalled devices with safe and effective CPAP, BiPAP, and Ventilators. It specifically accuses Philips of “negligence, breach of contract, breach of express warranty, breach of implied warranties, and breaches of various state consumer protection laws,” among other things.
There is another class action related to the CPAP recall filed by a professional truck driver in Oregon. The driver claims that he had to stop using his Philips sleep apnea machine because of the recall. Philips has not reimbursed him or replaced his CPAP, and a new one is allegedly not readily available to him.
The plaintiff claims that he cannot work because of his sleep apnea which is no longer being treated because he has no safe device. Because of his diagnosis of sleep apnea, he is in danger of falling asleep at the wheel, experiencing heart problems, and more if it goes untreated. Obstructive sleep apnea can be life-threatening.
This class action seeks to include all individuals in similar situations.
Individuals Are Filing CPAP Recall Lawsuits
There are also countless individuals across the US who have filed personal injury lawsuits against Philips. These plaintiffs have suffered injuries they claim are the result of the foam in the recalled devices. The PE-PUR foam can degrade and cause a slew of ailments ranging from a cough to cancer. Other illnesses that can be caused by recalled CPAP devices and their sound abatement foam include:
- upper airway irritation
- sinus infection
- health problems related to untreated sleep apnea
- chest pressure
- other effects of chemical exposure such as headaches or dizziness
- lung cancer
- respiratory health problems
If you experienced any of these health problems because of a recalled Philips CPAP machine, you might be entitled to file a Philips CPAP lawsuit. Remember, Philips recalled these CPAP and ventilator devices due to potential health risks. Using them can cause permanent impairment and serious health problems.
Call Alonso Krangle, LLP If You Have Been Injured by A Recalled Ventilator or CPAP
If you were injured by a recalled CPAP, BiPap machine, or ventilator, call our dangerous medical device lawyers for a free consultation. Find out if you are entitled to collect damages from Philips for your CPAP injuries.
We are reviewing Philips CPAP recall lawsuits today.
Call Alonso Krangle, LLP, at 800-403-6191 to learn about your rights to collect compensation related to the Philips CPAP, BIPAP, and ventilator machine recall.