Philips CPAP Lawsuit

What You Need To Know

Have you or are you currently using a Philips continuous positive airway pressure (CPAP), bilevel positive airway pressure (BiPAP), or mechanical ventilator machine?

Designed to allow a greater amount of airflow to users, some of these machines may be contaminating that airflow with extremely toxic and potentially cancerous chemicals.

It’s been eight months since Philips recalled three to four million devices, and thousands of injured individuals have already filed suit following the development of certain health injuries and conditions, including but not limited to:

• Serious ear, eye, nose, throat, sinus, and/or oral cavity inflammation
• Nodules, cysts, and tumors in the eye, nose, throat, sinus, and/or oral cavity
• Respiratory failure
• Heart failure
• Asthma (new or increased severity)
• Sarcoidosis
• Acute kidney failure
• Cancer (including oral or nasal, thyroid, lung, lymphoma, and others)

Devices affected: Devices containing the polyester-based polyurethane foam have been recalled. As it breaks down over time, this foam is known to release dangerous chemicals, including toluene diisocyanate (TDI) and diethylene glycol (DEG), among others. The affected devices include:

• E30 (emergency Use Authorization)
• DreamStation ASV
• DreamStation ST, AVAPS
• SystemOne ASV4
• C Series ASV, S/T, AVAPS
• OmniLab Advanced Plus In-Lab Titration Device
• SystemOne (Q series)
• DreamStation CPAP, Auto CPAP, BiPAP
• DreamStation GO CPAP, APAP
• Dorma 400, 500 CPAP
• REMStar SE Auto CPAP
• Trilogy 100 Ventilator
• Trilogy 200 Ventilator
• Garbin Plus, Aeris, LifeVent Ventilator
• A-Series BiPAP V30 Auto Ventilator

What To Do Next

1. If you have used one of these devices and think you may have been negatively impacted by it, speak to an experienced personal injury attorney who is familiar with the Philips recall and is accepting these cases. Even if you are not aware of any obvious health problems, seeking the advice of a lawyer on the topic could preserve your right to compensation in the event that you do develop a related health issue.
2. If you are CURRENTLY using one of these devices, speak to your doctor about next steps, and whether you should stop using your device.
3. Be sure to keep your device as potential evidence – do not discard or alter your device in any way.
4. Learn about joining the Philips CPAP MDL and class action lawsuits.
5. As of early 2022, individual personal injury claims have been consolidated into multidistrict litigation (MDL) in the Western District of Pennsylvania (Pittsburgh), and there are several class action lawsuits on file.

If you have used a recalled Philips device, talk to an attorney in your area who can assess the details of your situation and help you determine the best route moving forward.

Punitive Damages?

In addition to compensatory damages, punitive damages are sometimes awarded in personal injury cases, including medical device injury cases like the Philips CPAP lawsuits. Punitive damages are designed to punish defendants whose acts were intentional and particularly harmful or egregious.

According to the FDA, Philips may have been fully aware of the dangers and risks associated with these devices, yet failed to immediately act.¹ Customers have been filing complaints with Philips for years regarding the breakdown of the polyester-based polyurethane foam, strengthening the claim that Philips was aware of a serious health risk to customers. If this can be proven in court, it could certainly warrant punitive damages.

However, punitive damages can only be awarded in cases that go all the way to trial; since most Philips CPAP cases will not go to trial but instead be settled outside of court, plaintiffs may not receive punitive damages.

To learn more about the type and amount of damages that could be awarded in the MDL lawsuits and your case in particular, contact a knowledgeable attorney who has a proven track record of achieving the best outcomes in these types of cases.

Help Filing a Philips CPAP Lawsuit in Florida

Philips has a lot to lose, especially as more people gear up to fight for their rights and obtain the compensation they’re entitled to. This is all the more reason to expect Philips to put up a good fight against mounting lawsuits.

Plaintiffs should be ready for the long haul, but the attorneys at Fenstersheib Law Group, P.A. in Florida will be right there with them. We’re tracking the very latest in the Philips CPAP lawsuits, and accepting all claims related to Philips CPAP, BiPAP, and ventilator injuries and health conditions.

We’re passionate about defending the rights of those who’ve been wronged and harmed by the negligence of others – including large corporations like Philips. We will fiercely and strategically pursue compensation for your medical bills, lost wages, and pain and suffering.

Our main office is located in Hallandale Beach, Florida, and we have secondary Florida offices located in Hollywood, Miramar, Fort Lauderdale, West Palm Beach, Orlando, Sarasota, Tampa, & Jacksonville.

Call Fenstersheib Law Group, P.A. today at 800-TELL-ROBERT.