In June of 2021, the manufacturer Philips issued a recall for between three and four million CPAP, BiPAP, and respirator devices. This recall was issued upon the advice of the U.S. Food and Drug Administration (FDA), and it was based on the links between the use of these devices and increasing reports of serious health conditions. Among these conditions includes the diagnosis of various types of cancer.
If you have used a Philips CPAP or respirator device, degraded sound-dampening foam could be responsible for many of your medical issues. Let a Philips CPAP lawsuit lawyer review your medical records and advise you on your legal options moving forward. Jason and Debi Chalik are ready to fight for you.
Why Are Philips Devices Dangerous?
The health issues stemming from using a Philips CPAP, BiPAP, or mechanical ventilator device are primarily related to polyurethane foam. This foam is used within the device as a tool to dampen sound. As these devices often operate while the user sleeps nearby, Philips included the polyurethane foam to reduce distracting noise the machine makes.
The problem with these devices is that the foam can break down over time. This breakdown could speed up when the device is stored in hot temperatures or when non-approved cleaning solutions are used in the device.
As the foam within the device begins to degrade, it can result in small particles coming loose. Additionally, the breakdown of the foam can also create harmful gasses. As the user breathes, they inhale these particles and gasses into their lungs.
Not every CPAP machine – made by Philips or otherwise – relies on polyurethane foam. To be certain of the risk factors you currently face, you could benefit from speaking with a personal injury lawyer about whether or not you have used one of the recalled Phillips CPAP devices in the past and if you could file a lawsuit.
Different Legal Options Are Available for Philips CPAP Users
If you live with medical conditions that could be tied to your use of a Philips CPAP device, you could have more than one option to pursue monetary compensation. In addition to filing a lawsuit on your own, class action lawsuits are already in place. In either situation, the guidance of your attorney could be invaluable to your chances of recovery.
You must have used specific models of Philips CPAP, BiPAP, or ventilator devices from 2009 to 2021 to qualify for compensation. Being a current or previous smoker could impact your chances of recovering on a cancer claim.
Pursuing a Philips CPAP Defect Personal Injury Lawsuit
You have the right to file a civil lawsuit against the maker of your CPAP or ventilator device if you believe that you have suffered medical injuries due to the dangerous nature of the device. If your lawsuit is successful, you could recover a monetary award for your pain and suffering, medical expenses, and other costs.
If you file a lawsuit in federal court, you could find your case consolidated into something known as multidistrict litigation. Multidistrict litigation occurs when lawsuits from across the country are transferred to a single district to be considered together.
This is only done for cases that involve similar parties and the same defendant. In other words, your case could be combined in multidistrict litigation with other parties suing Philips based on the dangers associated with their CPAP devices.
Pursuing a Class Action Lawsuit for Philips CPAP-Related Losses
A class action lawsuit is a legal action that combines many individuals suing the same defendant for the same type of claim. In this case, a class action involves many CPAP users bringing a legal action against Philips based on the serious medical conditions that can arise from using these devices.
There are benefits and drawbacks to class action lawsuits. With a class action, you have the opportunity to take advantage of the strength of many plaintiffs and attorneys. The drawback is that you have little control over your case, including the outcome of any settlement negotiations.
Damages You Could Recover in a Philips CPAP Lawsuit
If you are living with a cancer diagnosis or some other serious medical condition due to the use of a Philips CPAP device, you could be entitled to financial compensation. This financial compensation could take different forms depending on the extent of your health issues. You might be able to recover:
Medical Bills
You might be entitled to financial compensation for the cost of your past and future medical expenses. This care could be costly, especially if you have been diagnosed with cancer.
Lost Wages
A cancer diagnosis prevents many people from returning to their job or making a living. Your civil lawsuit could help you replace the wages you miss out on due to your diagnosis. In addition to the wages you missed out on before filing suit, you could also be entitled to damages for your diminished future earnings.
Pain and Suffering
Many of the conditions related to Philips CPAP use can lead to physical pain. For example, skin or lung irritation is a common side effect. If your case is successful, you might be entitled to a monetary award based on the extent of your suffering.
You Could Be Entitled to Compensation Following Use of a Philips CPAP
If you have been diagnosed with cancer or a form of respiratory issues after relying on Philips-brand CPAP or ventilator devices, you could have a viable claim for compensation. You could seek out legal counsel to fight for your fair settlement or judgment.
The team at Chalik & Chalik Injury Lawyers stands ready to help you fight for what is fair. You must move forward with your case without delay to secure compensation. For a free consultation with a Philips CPAP lawsuit lawyer’s team, call (855) 529-0269 as soon as possible. We can tell you what you could do if a defective product harmed you.