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Philips CPAP Recall Lawsuits – Questions and Answers

As of April 18, 2022, hundreds of people have filed lawsuits against Philips over CPAP and BiPAP machines used to treat sleep apnea.

In June 2021, Philips issued a recall of more than a dozen models of its most popular CPAP and BiPAP sleep apnea machines because they contained foam which could cause health problems for users.
Consumers who suffered injuries from these machines are filing CPAP lawsuits seeking damages from Philips.

Our lawyers at Alonso Krangle, LLP are reviewing claims for people injured by Philips CPAP and BiPAP apnea machines. During this process, we hear many questions about the Philips CPAP recall, the injuries these machines can cause, and what to do if you were a recalled CPAP user.

We will provide some of that basic information here. But, if you suffered injuries from a recalled CPAP or BiPAP, call us today at 800-403-6191 for a free Philips CPAP case evaluation.

Why Do People Use Philips CPAP and BiPAP Machines?

Philips CPAP and BiPAP machines treat people with obstructive sleep apnea. Sleep apnea is a disorder that causes people to have breathing irregularities while they sleep.

The breathing irregularities can lead to a wide range of dangerous health problems, including high blood pressure, headaches, heart attacks, and strokes.

How Do CPAP and BiPAP Machines Work?

CPAP – continuous positive airway pressure – and BiPAP – bi-level positive airway pressure – machines both treat sleep apnea by forcing air through a mask that users wear while they sleep. The machine forces air with enough pressure to keep airways open and free from obstruction. When working properly, CPAP machines can successfully treat sleep apnea and help people avoid the additional health problems it can cause.

Why Did Philips Recall CPAP Machines?

Philips recalled various models of CPAP and BiPAP machines because they are believed to be dangerous, even when used as instructed.

Why Are Philips CPAP and BiPAP Sleep Apnea Machines Dangerous?

The recalled devices contain a foam used for noise reduction. The foam, made of polyester polyurethane, is called PE-PUR and helps the machines run more quietly than they otherwise would.

PE-PUR foam in sleep apnea machines can break down. If it does, CPAP users can inhale or ingest its carcinogenic and toxic particles.

PE-PUR foam is prone to break down after exposure to conditions that include sunlight, moisture, heat, fungus, microbial products, and oxygen. For instance, if you use certain products to clean your CPAP or expose it to high humidity, you might be at greater risk of inhaling dangerous particles.

What Injuries Can Recalled CPAP Machines Cause?

Inhaling or ingesting PE-PUR foam particles or off-gasses might cause some of the following injuries and health conditions:

• Headaches
• Dizziness
• Cancer
• Respiratory inflammation
• Airway irritation
• Sinus infections
• Chest pressure
• Asthma
• Kidney damage
• Liver damage
• Lung damage

What Machines Are Included In The Philips CPAP Recall?

Philips recalled the following sleep apnea and ventilator machines:

• DreamStation ASV
• DreamStation BiPAP
• DreamStation ST
• DreamStation CPAP
• DreamStation Go
• Dreamstation Auto CPAP
• SystemOne ASV4 and Q Series
• Dorma 500 CPAP and 400
• Garbin Plus
• A-Series BiPAP
• C-Series ASV
• REMStar SE Auto CPAP
• Aeris
• AVAPS
• Trilogy 100 and 200
• OmniLab Advanced Plus
• LifeVent

Can I File A Philips CPAP Lawsuit?

You might be eligible to file a lawsuit against Philips because of its defective and dangerous CPAP machines.

You might be entitled to collect compensation related to Philips’s negligence.

Consider the following-

Did you use a sleep apnea machine that was part of the Philips CPAP and BiPAP recall?
Did you use it for several consecutive months or years?
Did you receive a diagnosis of respiratory or pulmonary illness?
Did you receive a diagnosis of cancer such as liver, kidney, or lung cancer?
Did you experience other (non-cancerous) damage to your kidneys or liver?

If the answer is “yes,” call our CPAP recall lawyers at Alonso Krangle, LLP, to learn about your legal rights and options.

What Is The Current Status of Philips CPAP Recall Lawsuits?

There are currently hundreds of lawsuits against Philips related to the recall of CPAP and BiPAP sleep apnea machines. The cases have been formed into an MDL (multidistrict litigation) and consolidated before a single judge in Pennsylvania to make the litigation process more efficient for all parties involved. Creating an MDL generally makes it easier for injured victims to participate in the litigation.

How Much Can I Collect From A Philips CPAP Lawsuit?

There is no way to know how much compensation, if any, you might receive from your Philips CPAP lawsuit. It can depend on various factors, including the seriousness of your injuries and how long Philips knew the CPAP machines were dangerous. However, the more injured victims come forward to file lawsuits against it, the more pressure Philips might feel to enter into a settlement.

Call CPAP Recall Lawyers At Alonso Krangle, LLP, Today

There are time limits to file lawsuits against companies that manufacture dangerous and defective devices. We don’t know how much time you have to file your Philips CPAP lawsuit until we hear the facts of your case.

Call Alonso Krangle, LLP today at 800-403-6191 for a free evaluation of your Philips CPAP and BiPAP claim. We fight for the rights of injured victims and want to help you collect the maximum amount of compensation allowed by law.

Find out if you are eligible to file a Philips CPAP lawsuit by calling Alonso Krangle, LLP, at 800-403-6191 today.

Frequently Asked Questions About Leachco Podster Infant Lounger Lawsuits

The Consumer Product Safety Commission (CPSC) has informed the public that everyone should stop using baby loungers made by Leachco, Inc. The agency feels strongly that Leachco baby loungers pose a danger to babies and can lead to death.

Our product liability and personal injury lawyers at Alonso Krangle, LLP, have been hearing from people who have questions about the safety of baby loungers, what to do now, and if they can file lawsuits against Leachco.

Here, we will answer some frequently asked questions regarding Leachco Podster infant loungers and related lawsuits.

What Are Baby Loungers?

Baby loungers are horseshoe-shaped pillows meant to prop-up infants during interactive playtime before they are old enough to sit up independently.

Leachco, Inc. manufacturers and sells these infant loungers under the following names:

• Podster
• Podster Plush
• Bummzie
• Podster Playtime Infant lounger

What Is The Problem With Leachco Infant Loungers?

According to CPSC, when caregivers leave babies unattended on the lounger pillows, there is a danger that the infants can suffocate. If infants roll over, turn their heads, or roll off the baby loungers, their airways can become blocked.

Even though the loungers are intended for interactive, supervised play and not sleeping, the CPSC strongly believes that it is foreseeable that caregivers will allow infants to sleep on them. CPSC takes the position that baby loungers are inherently dangerous to babies.

Have Leachco Baby Loungers injured infants?

The CPSC knows of at least two deaths that occurred when babies were placed on Leachco Podsters. Both infants suffocated.

Is There A Leachco Baby Lounger Recall?

No, Leachco refused to recall the products. Leachco maintains the safety of its infant loungers if they are used correctly.

Leachco claims that the instructions and warnings on the products are clear. Leachco warns consumers about the risk of leaving babies unattended on the loungers and that infants should never be left unattended on the pillows.

Leachco warnings also inform consumers that the pillows are not intended for sleeping.

Will There Be A Leachco Baby Lounger Recall?

Leachco will not issue a voluntary recall of its Podsters because it feels the products are safe when used correctly.

In response to Leachco’s refusal to recall the loungers, the CPSC filed an administrative lawsuit against the company seeking “to force Leachco to notify every person to whom the product was sold about the defect and offer consumers a full refund” and immediately recall the dangerous loungers.

Are All Baby Loungers Dangerous?

In 2021, more than 3 million Boppy baby loungers were recalled after eight reports of infant deaths by suffocation. As with Leachco Podsters, when babies placed on Boppy loungers turned over, turned their heads, or rolled off onto something nearby, their airways became blocked, and they suffocated.

How Can I Keep My Baby Safe?

The CPSC warns parents to stop using Leachco Podster products right away. The agency reminds parents that babies should never be left unattended on infant lounging pillows.

The pillows are meant to be used only for interactive playtime when babies are awake.

For information about infants and safe sleeping, visit the CDC website at https://www.cdc.gov/vitalsigns/safesleep/index.html.

Are People Filing Infant Lounger Lawsuits Against Leachco?

If your baby died or was injured because of a Podster baby lounger, you might be entitled to file a lawsuit against Leachco.

Products liability lawsuits involve dangerous or defective products that injure consumers. Products liability cases can also address issues like the adequacy of warnings and the marketing of products.

What Should You Do Now?

If you have a Leachco Podster, Podster Plush, Bummzie, or Podster Playtime infant lounger, stop using it. Depending on Leachco’s actions and the outcome of the CPSC complaint, you might be able to get a refund from Leachco.

If a Leachco Podster has injured your baby, call our lawyers at Alonso Krangle, LLP to find out if you are entitled to file a lawsuit and collect compensation from Leachco for injuries caused by its dangerous baby loungers.

We are reviewing claims now. Call our product liability lawyers today at 800-403-6191 to schedule a free Leachco Podster case evaluation.

 

Source:

• https://consumerfed.org/press_release/kid-and-cfa-applaud-u-s-consumer-product-safety-commission-for-filing-complaint-against-leachco-over-infant-loungers-involved-in-deaths/

New York’s Adult Survivors Act Would Give Sexual Abuse and Sexual Assault Victims Time to File Lawsuits

In June 2021, the New York State Senate unanimously passed the Adult Survivors Act, a law modeled after the Child Victims Act. For unknown reasons, however, the Adult Survivors Act (ASA) appears to have stalled. The Assembly has yet to schedule a vote on the ASA.

The Child Victims Act (CVA) gave victims of childhood sexual abuse a look-back window to file claims which were previously time-barred against their abusers. The ASA would do the same for individuals who were adults at the time of their abuse or assault.

What Is The Adult Survivors Act?

Senator and Senate Judiciary Chair Brad Holyman along with Assembly Member Linda B. Rosenthal is the sponsor of the Adult Survivors Act. In Senator Holyman’s words,

“This legislation would create a one year window for the revival of time-barred civil lawsuits based on sex crimes committed against individuals who were 18 years of age or older.”

Currently, the statute of limitations for adult sexual abuse survivors is three years. For criminal cases, the time is generally between two years and five years, depending on the nature of the crime.

The New York legislature did extend some statutes of limitations in 2019 for specific sex crimes. The legislature, however, did not extend the time period for all sexual assault and abuse crimes and did not provide any type of look-back window for time-barred claims.

The ASA would allow anyone who was over 18 at the time they were sexually assaulted or sexually abused one full year to file a civil lawsuit against their abuser. Passage of the ASA could allow thousands of previously barred victims to seek accountability and compensation from the people who hurt them, just like the Child Victims Act did for survivors of child sex abuse.

Look-Back Window Could Give Sexual Abuse and Sexual Assault Survivors The Opportunity to Seek Compensation

The CVA became law when the entire country was beginning to learn just how widespread child sexual abuse has been. The Catholic Church, Boy Scouts, and other organizations were being accused of horrible crimes against children. Many people who survived child sexual abuse at the hands of priests, teachers, and trusted mentors, became adults fraught with depression, addiction, violence, and PTSD.

Countless victims did not have the strength or ability to come forward with allegations of abuse until decades had passed. For many, the statute of limitations was long expired, leaving them with no legal recourse and no closure.

These were some reasons that advocates fought hard for the Child Victims Act – believing that children who were victims of abuse needed (and deserved) the chance to seek accountability and compensation from the people that hurt them and the institutions that failed to protect their safety.

The CVA extended the statutes of limitations for civil lawsuits and criminal charges related to sex crimes and gave a two-year look-back window for previously time-barred claims. This meant that anyone who was sexually abused or sexually assaulted as a child under the age of 18 had two years to file a lawsuit regardless of how much time had passed since the abuse.

When New York passed the Child Victims Act, more than 6,000 previously barred individuals filed lawsuits against the people who abused and attacked them when they were children. These victims would never have had the opportunity to seek justice or compensation without this important law.

Proponents of the Adult Survivors Act hope to give those who were sexually assaulted as adults – 18 and older – the same important opportunity.

Will The New York Assembly Pass the Adult Survivors Act?

The bill was introduced in 2019 following reports of widespread sexual harassment and assault in various workplaces. As more women came forward, many people saw an urgent need for stronger legislation against attackers and the institutions that protected them. The Act very quickly sailed through the New York Senate.

While the reason for the delay in passing the ASA is not clear, some speculate that it was Cuomo’s allegedly inappropriate and illegal behavior, and possibly others in the state legislature, that kept the ASA from becoming law. Many people hope that New York’s new governor, Kathy Hochul, will prioritize the ASA in ways former Governor Cuomo did not.

Call Alonso Krangle, LLP, If You Survived Sexual Abuse or Sexual Assault

If you were victimized by sexual abuse or sexual assault as a child or adult, call our lawyers at Alonso Krangle, LLP. You might be eligible to file a civil lawsuit and seek compensation from the people who harmed you.

Our lawyers fight for the rights of sexual abuse victims and want to see justice served. Let us help you get the compensation allowed by law.

Call us today at 800-403-6191 to schedule a free consultation.

 

Sources:

• https://www.nysenate.gov/newsroom/press-releases/brad-hoylman/ny-senate-passes-adult-survivors-act-sponsored-senator-hoylman
• https://www.politico.com/states/new-york/albany/story/2021/08/13/adult-survivors-act-could-get-new-life-after-cuomos-downfall-1389895

Walmart Recalls Aromatherapy Spray Due to Bacterial Concerns

On October 22, 2021, Reuters reported that Walmart recalled approximately 3,900 bottles of aromatherapy spray out of concern for the safety of consumers. The recall came after the Centers for Disease Control and Prevention (CDC) tested a version of an aromatherapy spray by Better Homes and Gardens and detected a rare and potentially deadly bacteria.

Health officials suspect that the rare and dangerous bacteria, Burkholderia pseudomallei, found in the Better Homes and Gardens room spray with gemstones, might be responsible for at least two deaths and four illnesses across the country.

Some of the following scents might contain dangerous bacteria and be included in the recall:

• gem room spray lavender
• gem room spray sandalwood
• gem room spray lime
• gem room spray lemon

If you are unsure about whether the product you have is part of the recall, you can try contacting Walmart.

What Should You Do If You Bought Recalled Better Homes and Gardens Essential Oil Room Spray?

The recall applies to 3,900 bottles of a product called “Walmart’s Better Homes and Gardens-labeled Essential Oil Infused Aromatherapy Room Spray with Gemstones.” (BHG Gem Room Spray)

Reuters reported that Walmart sold the aromatherapy room spray manufactured in India, at more than fifty stores and on its website. The recalled room spray was also sold on the Walmart website between February 2021 and October 2021. Walmart is trying to prevent further sales of Better Homes and Gardens room spray that might contain dangerous bacteria.

The CDC (The Centers for Disease Control and Prevention) has warned the public of the possible presence of a rare bacteria in Better Homes and Gardens oil infused aromatherapy room spray. If you think you might have one of the recalled spray products in your home – the CDC suggests you do the following:

• Immediately stop using the aromatherapy spray
• Do not open the bottle
• Do not throw it away
• Double bag the spray in clear Ziploc bags
• Place the item in a small cardboard box
• Bring the securely bagged and boxed product to any Walmart store
• Wash sheets, clothes, and linens that might have been sprayed with the product
• Wipe down all surfaces with anti-bacterial disinfectants that might have come in contact with the spray and its dangerous bacteria.

The Consumer Product Safety Commission (CPSC) said that people who return the recalled products to a Walmart store would receive a gift card.

Why Did Walmart Recall Better Homes and Gardens Aromatherapy Room Spray?

The CDC found the rare and potentially deadly bacteria Burkholderia pseudomallei inside the bottles of some of the recalled room sprays.

Burkholderia pseudomallei causes melioidosis, which is a rare but serious disease. It can lead to potentially deadly infections.

The CDC was researching several confirmed cases of melioidosis in the US earlier in 2021. Cases of melioidosis in the US are usually the result of people traveling out of the country and bringing it back with them. It is not an illness that can be transmitted from person to person. One gets melioidosis from direct contact with soil, water, or other agent contaminated with Burkholderia pseudomallei.

These cases, however, did not involve individuals who traveled at all. Typically, the United States sees only about twelve cases of melioidosis a year, most of them in Puerto Rico and the US Virgin Islands. The bacterial infection is much more common in tropical climates, predominantly in Northern Australia and Southeast Asia.

The CDC was deeply concerned about the four infections and two deaths from melioidosis. While investigating these recent cases of melioidosis, the CDC found a contaminated bottle of the Better Homes and Gardens aromatherapy spray in the home of one victim who lives in Georgia. The agency is trying to determine if the other victims in Kansas, Texas, and Minnesota, also used the aromatherapy room spray.

What Are the Symptoms of Melioidosis?

Melioidosis has a long list of possible symptoms which can appear anywhere from one day to years after exposure to the Burkholderia pseudomallei bacteria. Typically, symptoms begin about two to four weeks after exposure. Anyone exposed to the bacteria can develop melioidosis.
But those with underlying health conditions like diabetes, cancer, liver disease, renal disease, or COPD are at greater risk.

The illness often presents like pneumonia or tuberculosis.

According to the CDC, signs and symptoms of melioidosis can include:

• Fever
• Headache
• Sepsis
• Respiratory distress, coughing, wheezing
• Chest pain
• Disorientation
• Abdominal pain
• Muscle pain
• Abscess
• Weight loss
• Brain infection
• Seizures

The CDC suggests you seek medical care if you have any of these symptoms and used Walmart’s Better Homes and Gardens Essential Oil Infused Aromatherapy Room Spray with Gemstones within the past few days or weeks. Tell your doctor if you might have been exposed to a potentially deadly bacteria.

Call Alonso Krangle, LLP If You Have Become Ill Because of Recalled Products

If you have become sick because of a product that has been recalled, you might be able to take legal action against the maker of the product.

Manufacturers have legal responsibilities to ensure their products are not unreasonably dangerous. When they fail to live up to their duties to the public, they might owe compensation to injured victims.

Call our dangerous product lawyers at Alonso Krangle, LLP today at 800-403-6191 to determine if you are entitled to seek compensation after being injured by recalled aromatherapy room spray or suffering another product related injury.

 

Sources:

• https://www.cdc.gov/melioidosis/outbreak/2021/index.html
• https://www.reuters.com/business/retail-consumer/walmart-recalling-3900-bottles-room-spray-due-possible-dangerous-bacteria-us-2021-10-22/

Necrotizing Enterocolitis, Baby Formula, and Lawsuits

WebMD describes Necrotizing enterocolitis, or NEC, as “a serious disease that affects the intestines of premature infants” that typically “happens within the first 2 weeks of life in babies who are fed formula instead of breast milk.”

Now, families of premature babies who developed NEC are filing lawsuits against the makers of some baby formulas for failing to warn them about the potential risk of their infants developing this life threatening infection.

What is Necrotizing Enterocolitis?

Necrotizing enterocolitis is a condition marked by the invasion of bacteria. In necrotizing enterocolitis, bacteria attack the intestinal walls, which results in inflammation. Such inflammation in preterm babies can lead to cracks that allow the bacteria to leak into the abdomen.

If not treated immediately, NEC can lead to a deadly sepsis infection.

How Does Formula Cause Necrotizing Enterocolitis?

The medical profession is not entirely certain what causes necrotizing enterocolitis. But, researchers do know that it is much more common in premature infants who receive formula instead of breast milk. Some doctors speculate that because preemies have underdeveloped lungs and intestines, they have restricted blood and oxygen flow. The result is difficulty digesting their food and fighting off infections.

According to research, cow’s milk formulas such as Similac and Enfamil contribute to the increased risk of developing NEC. The increased risk is substantial enough to cause parents to worry about their babies’ treatment in the neonatal unit after their preterm deliveries.

The link between necrotizing enterocolitis and formulas like Similac and Enfamil is evident enough to cause hundreds of families to file lawsuits against Abbott Laboratories and Mead Johnson Company for failing to warn them of the danger to their newborns.

Who is Most at Risk for Necrotizing Enterocolitis?

Any newborn baby is at some risk of developing necrotizing enterocolitis. But, it is most common in preterm babies who are born under 3.5 lbs. According to WebMD, those at highest risk of necrotizing enterocolitis include “high-risk or premature babies who are fed formula by mouth or tube.”

What Are Some Symptoms of Necrotizing Enterocolitis?

Symptoms can vary, but generally, infants with necrotizing enterocolitis can develop the following during their first two weeks-

• Green abdominal fluid
• Bloody stools
• Swollen abdomen
• Bloated abdomen
• Stagnant digestion
• Low heart rate
• Breathing difficulty
• Obvious fatigue

If your doctor observes any of these conditions, they will likely order tests in the NICU to determine their cause. Your baby might undergo x-rays, tests for fluid, and blood tests.

Can Necrotizing Enterocolitis Be Treated?

When necrotizing enterocolitis is not detected in time or it progresses too quickly to treat effectively, it can enter the bloodstream and cause sepsis. Sepsis is often deadly.

However, if NEC is caught quickly, doctors might be able to treat your newborn with IV fluids, oxygen, antibiotics, and other non-surgical treatments.

However, sometimes, the infection does not heal as planned. The necrotizing enterocolitis and dead tissue that results may have caused a hole to form in the intestines or elsewhere. When this occurs, surgery is usually necessary to remove the dead tissue and any part of the intestines that might have ruptured or weakened. Sometimes, doctors must perform an “ostomy,” which reroutes the intestines or bowel to the abdomen.

The long-term effects of NEC surgery can include narrowing or blocking of the intestines or bowel, which can lead to the need for additional surgeries. NEC can also cause a lifetime of nutritional deficiencies.

Is NEC Preventable?

There is no certain way to prevent NEC. But, studies show that babies who receive only breast milk, even donor breast milk, are less likely to develop necrotizing enterocolitis, especially those born prematurely.

Premature babies might need to be fed through a bottle or tube for various reasons. The mother might have trouble nursing, or the baby might have health problems that make it impossible for the mother to nurse while the baby is in the neonatal intensive care unit. In these situations, formula feeding might be the best decision.

But, how can parents decide without incomplete information? Did you know that human milk might be best for a premature baby’s nutrition? Did anyone tell you that cows milk based formulas might significantly increase the risk of damage to a newborn’s intestinal tissue or the abdominal cavity? Were you given the option to use donor milk?

These are all important questions that might be critical to anyone considering filing a baby formula lawsuit. Our law firm is reviewing lawsuits that seek to hold the manufacturers accountable for the serious injuries their formula can cause.

What Are NEC Formula Lawsuits?

Some families are trying to hold accountable the makers of formulas like Similac and Enfamil. These are families with preemies who developed NEC after receiving formula in the NICU. Some of the infants suffered severe injuries that required surgery, while others had fatal injuries.

The lawsuits allege that the makers of Similac and Enfamil, Abbott Laboratories, and Mead Johnson Company had a duty to warn them of the increased risk of NEC among preterm babies. The families are seeking damages, claiming the failure to warn of the dangers of NEC rendered them incapable of making an informed decision about the care of their baby.

You are entitled to know that the formula the NICU is feeding your baby can increase the risk of deadly bacterial infections. Manufacturers have a duty to warn doctors and consumers/patients of dangers they know about or should know about. The warnings should be on their products labels.
Exercise your legal rights when baby formula manufacturers fail to warn and injure your child. You might be entitled to financial compensation.

Call Our Baby Formula Lawyers if Your Baby Was Diagnosed with NEC

Call Alonso Krangle, LLP, if your child was born prematurely, fed formula, and diagnosed with necrotizing enterocolitis. We will gladly provide you with a free case evaluation and determine if you are entitled to seek damages from the makers of baby formula.

Did your child need medical care or surgery after being diagnosed with NEC? Did your child receive formula with cow’s milk like Similac or Enfamil?

Call us today at 800-403-6191 to find out if you can file a baby formula lawsuit.

 

Sources:

• https://www.webmd.com/parenting/baby/what-is-necrotizing-enterocolitis#2