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Philips recalled millions of CPAP and other sleep apnea machines because many users were breathing toxic foam caused by a serious issue with their machines. Breathing in this toxic foam can cause cancer and other major health problems. The foam was going directly into the tube that users were using to breathe correctly while they slept. Aside from causing cancer, which is obviously severe and completely unacceptable, many users also reported headaches, upper airway irritations, coughing, chest pressure, sinus infections, asthma, damage to their liver and kidneys, nausea, vomiting, and increased breathing problems.
What Is A CPAP Machine?
A continuous positive airway pressure (CPAP) machine is the most commonly prescribed method for treating sleep apnea. This medical device sends a steady flow of oxygen into your mouth and nose while you sleep, which keeps your airways open and allows you to breathe more normally.
CPAP machines have motors that generate a constant stream of pressurized air which travels through an air filter and into a flexible tube. The tube delivers purified air into a mask that you seal around your nose or mouth while you sleep.
Which Machines Were Recalled?
Philips ended up recalling millions of breathing machines because of the issue with the foam. In addition to recalling sleep apnea machines, other life-saving mechanical ventilators were recalled as well. The machines that were recalled include the following:
What Is the Toxic Foam?
The toxic foam that was causing people severe health issues is polyester-based polyurethane. While people were using the machine, the foam began to degrade into very small particles that the users were breathing in or ingesting. The foam also produced toxic gases, which caused cancer, lung irritation, and organ damage.
How Long Have the Machines Been on the Market?
These damaging machines have been sold to patients since 2009, meaning some users have been exposed to the foam and gases for more than ten years.
Contact Us Now
If you’ve suffered any health consequences as a result of using these Phillips medical devices, you should contact us immediately. We can determine if you are eligible to file a lawsuit or not. It won’t cost you anything to speak with us. Additionally, you’ll never pay us anything until we successfully settle or win your case in court. Contact us right now and set up a free case evaluation so we can help you.
Timothy L. Miles, Esq.
LAW OFFICES OF TIMOTHY L. MILES
141 Saundersville Road, #2202
Hendersonville, TN 37075
Telephone: (855) TIM-MLAW (855-846-6529)
A securities class action, or securities fraud class action, is a lawsuit filed by investors who bought or sold a company’s securities within a specific period of time, referred to as a “class period,” and suffered economic injury as a result of violations of the securities law.
Why do investors pursue class actions?When companies violate the securities laws it causes economic harm to many people at once, not just a single individual. A class action lawsuit allows a group of individual investors who have suffered similar harm to pursue their claims in a single action. For example, a small investor may have purchased $500 of stock in a corporation that was fraudulently reporting its financial data. When the fraud was discovered, that $500 in stock dropped in value to only $250. The investor has lost half of her investment because of the company’s fraud. For an individual, this loss can be significant, but is often too small to justify suing a company on one’s own. A class action allows investors to join together in order to pursue recovery.
Types of securities class action claimsWhile every lawsuit is different, most securities class actions pursue similar legal claims. Some of the most common violations claimed are:
Fraud or Deceit:
These claims argue that a defendant engaged in fraud or deceit in connection to the purchase or sale of securities. The fraud or deceit can be active, as when a company lies about its earnings, or it can be through omission, such as when a company fails to report potential liabilities. These claims are referred to as Rule 10b-5 claims, after the Securities and Exchange Commission rule which prohibits such fraud and deceit.
False Forward-Looking Statements:
These type of claims involve an issuer’s predictions and projections regarding future corporate actions and performance. These claims allege intentional misrepresentations in documents such as earning estimates, projected expenditures, expected growth, and future cash flow.
Other Common Securities Class Action Claims:
Other claims involve insider trading when, for example, a corporate officer sells all her stock immediately before corporate fraud is reported. Others involve poor governance claims that allege the company lacked proper internal controls to protect against fraud or other damaging actions. Finally, are accounting claims which accuse a corporation of failing to follow generally accepted accounting procedures.
What is a lead plaintiff in a securities class action?A lead plaintiff is a person, group of persons, or entity that is appointed by the court to represent the interests of all class members. The lead plaintiff generally has the largest financial interest in the outcome of the case. The lead plaintiff works with the court-appointed lead counsel in determining how the litigation should proceed and eventually be resolved.
Class action lawsuits can be very benefial because they allow thousands of claims to be litigated at one time that would otherwise be too impractical to litigate individually. Therefsore, there are several important things that shareholders and consumers should know about class action lawsuits.
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