Filing a CPAP Lawsuit

CPAP Lawsuit- Legal Attorneys in Weslaco, TX

Continuous positive airway pressure (CPAP) lawsuits are a type of lawsuit that is filed against the manufacturer of sleep apnea devices. This case has been brought forth by people who have used but did not like their Philips CPAP machine and had to deal with many side effects related to it such as breathing problems or cancerous cells. They also claim that there’s a design defect in these machines which leads them into ingesting degraded foam particles from time to time during use – leading to lung and respiratory diseases among other things!

Lopez Law Group is a personal injury law firm in Weslaco, TX that is representing CPAP users. We are bringing lawsuits to recover compensation for medical bills, lost wages, and pain and suffering. We are accepting cases where the patient used one or more of the recalled Philips CPAP devices and afterward was medically diagnosed with any of the following health conditions:

• Acute inhalation injury
• Autoimmune disorders
• Cancer (any type)
• Chronic asthma
• Chronic bronchitis
• COPD
• Emphysema
• Headaches
• Heart failure
• Hypersensitivity
• Inflammation and fluid build-up in the lungs
• Interstitial lung disease
• Kidney disease
• Leukemia
• Liver disease
• Lung cancer
• Lymphoma
• Pneumonia
• Pneumoconiosis
• Pulmonary fibrosis
• Respiratory failure
• Sarcoidosis or
• Stroke

It should be noted that for all of the respiratory conditions, a plaintiff will have a stronger case if he or she is not also a smoker or former smoker. Current and former smokers may be disqualified from meeting the case criteria.

Frequently Asked Questions About CPAP Lawsuits:

1. Which Philips sleep apnea devices have been recalled?

Philips voluntarily recalled four million of the following CPAP (continuous positive airway pressure), BiLevel PAP (bi-level positive airway pressure), and mechanical ventilator devices:

• A-Series BiPAP A30 (mechanical ventilator – continuous – non-life supporting)
• A-Series BiPAP A40 (mechanical ventilator – continuous – non-life supporting)
• A-Series BiPAP Hybrid A30 (mechanical ventilator – continuous –   minimum ventilatory support – facility use)
• A-Series BiPAP V30 AutoVentilator (mechanical ventilator – continuous –   minimum ventilatory support – facility use)
• C Series ASV, S/T, AVAPS (continuous ventilator, non-life supporting)
• Dorma 400, 500 CPAP (non-continuous ventilator)
• DreamStation ASV (continuous ventilator, non-life supporting)
• DreamStation CPAP, Auto CPAP, BiPAP (non-continuous ventilator)
• DreamStation Go CPAP, APAP (non-continuous ventilator)
• DreamStation ST, AVAPS (continuous ventilator, non-life supporting)
• E30 (under emergency use authorization – continuous ventilator, minimum ventilatory support, facility use)
• Garbin Plus, Aeris, LifeVent Ventilator (mechanical ventilator – continuous)
• OmniLab Advanced Plus In-Lab Titration Device (continuous ventilator, non-life supporting)
• REMStar SE AutoCPAP (non-continuous ventilator)
• SystemOne ASV4 (continuous ventilator, non-life supporting)
• SystemOne Q series (non-continuous ventilator)
• Trilogy 100Ventilator (mechanical ventilator – continuous)
• Trilogy 200Ventilator (mechanical ventilator – continuous)

2.     Why were they recalled?

The recalled Philips Bi-PAP machines, CPAP machines, and mechanical ventilator devices contain sound abatement foam liners made from PE-PUR (polyester-based polyurethane). PE-PUR can degrade into particles that users can then inhale or ingest. The devices contain no filter to prevent this inhalation or ingestion.

PE-PUR can also “off-gas” or emit toxic chemicals – even carcinogenic chemicals. These volatile organic compounds (VOCs) include Diethylene glycol, Toluene Diisocyanate, Toluene Diamine, and Phenol Dimethyl Diazine. Furthermore, high heat or humidity can cause the PE-PUR foam to degrade further. Some users have even reported seeing black debris in their breathing tubes – visual evidence of foam degradation.²

In short, Philips sleep apnea devices meant to improve people’s breathing are instead contaminating their airways. These recalled Philips devices are defective products that are unreasonably dangerous and pose a risk of cancer.

3.     What money damages can I get if I sue?

Victims of Philips’ recalled sleep apnea devices may be able to recover the following compensatory damages:

• Medical expenses, including for hospital stays, doctor’s appointments, medications, and new breathing devices to replace the recalled ones;
• Lost wages from having to miss work from being too ill;
• Loss of future earnings, if the recalled device caused the defendant to be too sick to work in the future; and
• Pain and suffering

In cases that go to trial, the court may also award plaintiffs punitive damages if it finds that Philips acted in a malicious or shocking way. Courts could grant punitive damages if plaintiffs can show that Philips knew about the PE-PUR degradation hazards and risks and did nothing about it. Allegedly, customers have been complaining to Philips about particulate exposure for years prior to the CPAP recall.

Another potential ground for punitive damages is that Philips allegedly coordinated the recall to overlap with a new product launch of safer CPAP products. This would force customers reliant on CPAPs to purchase these new products (or a competitor’s products) at their own expense if Philips fails to immediately replace their recalled products.

Punitive damages can often far exceed compensatory damages.

4. What are the symptoms of exposure to Philips CPAP Machine Foam Particles?

Philips has received limited reports of health problems from potential foam particle inhalation. Some patients have complained of black debris or particles in the machine’s airpath circuit. At the time of Philips’ announcement on June 14, 2021, no deaths had been reported.

• Airway irritation and inflammation
• Skin, eye, and respiratory tract irritation
• Headache
• Asthma
• Organ damage (liver, kidney, and others)
• Inflammatory response
• Cough
• Sinus infection
• Upper airway irritation
• Chest pressure

5. What is Sleep Apnea?

Sleep apnea is a sleeping disorder that can lead to serious health problems, such as high blood pressure and heart trouble, if untreated. Untreated sleep apnea causes breathing to stop repeatedly during sleep, causing loud snoring and daytime tiredness, even with a full night’s sleep.

6. What if I was injured by the recalled CPAPs?

If you are using one of the recalled Philips sleep apnea devices, you should consider:

1. Consulting with a healthcare provider
2. Preserving any evidence (such as debris in the air pathways of the CPAP); and
3. Contacting an attorney to discuss your claim

Contact The Lopez Law Group 

Have you or your loved one been injured by a Philips CPAP machine? Call Lopez Law Firm at 956-968-7800 for legal advice and to discuss creating an attorney-client relationship. We also offer free case evaluations. Disclaimer: Results cannot be guaranteed