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The Philips CPAP Lawsuit
Philips announced in June 2021 that it was recalling millions of Philip CPAP machine because of potential health and safety risks, including potential cancer risks, which has let to filing of hundreds of Phillips CPAP lawsuits.
You may have a legal case if you were diagnosed with cancer after using one of the recalled Philips CPAP machines and may be entitled to participate in the Philips CPAP lawsuits. The Philips CPAP recall was prompted by the use of polyurethane-based polyester sound abatement foam in the devices. It is postulated that the PE-PUR foam used in the devices may degrade into small particles that may be inhaled or ingested or emit carcinogenic chemicals. The degradation of the foam can result in serious injuries and may be magnified by the use of unapproved cleaning methods, high-heat and high-humidity environments.
If you used a recalled Philips CPAP Machine, call a Philips CPAP Lawyer about a Philips CPAP Lawsuit
What Are Philips CPAP Machines?
A CPAP Machine is used to treat people with sleep apnea, a condition where the person has interruptions and reductions in breathing while they sleep. A continuous positive airway pressure (CPAP) machine is used to treat sleep apnea. Many models are manufactured by Philips. The Philips CPAP Machine sends a flow of steady oxygen to the mouth and nose while you are asleep, thereby keeping your airways open and allowing you to breathe more normally. Motors on the CPAP machine generate a stream of pressurized air constantly which travels through an air filter and into a flexible tube which delivers purified air into a mask that you seal around your nose or mouth at night while you sleep.
What Are the CPAP Machine Side Effects?
CPAP machines can reduce the symptoms of sleep apnea and improve a person's quality of life. However, despite the effectiveness of reducing sleep apnea, some people choose not to use them because of unwanted CPAP machine side effects. Some of the CPAP machine side effects include:
When Were the Problems with the Philips CPAP Machine First Reported?
When Philips reported its quarterly earnings for the first quarter of 2001 on April 26, 2001 the Company stated for the first time "we have identified a quality issue in a component that is used in certain sleep and respiratory care products and are initiating all precautionary actions to address this issue, for which we have taken a EUR 250 million provision." Nothing else was stated about the Philips CPAP recall.
Why Were Philips CPAP Machines Recalled?
Philips voluntarily recalled some of its CPAP machines and ventilators over worries that the PE-PUR sound abatement foam might degrade and become toxic, potentially causing cancer. Philips noted that the degradation of foam may be exacerbated by unapproved cleaning methods such as ozone, and high heat and humidity environments.
Tiny particles and gases may be inhaled or ingested when the foam deteriorates. Chemical exposure and health issues such as headache, hypersensitivity, irritation, nausea, vomiting, and possible carcinogenic effects may result from CPAP use.
Philips states that the claim rate for health issues associated with the recalled products was just 0.03% in 2020. The company maintains that it has not received any statements indicating patients who were injured as a consequence of chemical emissions, but that it voluntarily recalled the items to ensure patient security.
Read on for more information on the Philips CPAP recall including what to do if you have a Recalled Philips CPAP machine. If you used a recalled Philips CPAP machine and have been diagnosed with cancer or another related injury, or have any questions, contact Philips CPAP lawyer Timothy L. Miles today about a Philips CPAP Machine Recall Lawsuit, you could be entitled to significant compensation.
Which Phillips CPAP Machines Were Affected?
Philips machines and ventilators affected by the Phillips CPAP recall include:'
How Long Have the Recalled Philips CPAP Machines Been on the Market?
These CPAP machines have been sold to patients since 2009, so some users have been exposed to the foam and gases for more than a decade.
How Do I Know if I Have a Phillips Recalled CPAP Machine
Check the device registration and then the recall contact information page which contains a list and pictures of the recalled Philips CPAP machines.
If you are still uncertain you can complete the registration process that allows you to look up the serial number of your device.
Finally, you can call Philips at call 877-907-7508 to confirm if you have one of the recalled Philips CPAP machines.
Should I Continue to Use My Philips CPAP Machine?
Philips recommends that you discuss your options for continued CPAP treatment with your physician if you are using a Recalled Philips CPAP machine.
According to the recall notice, Philips recognizes that “alternate ventilator options for therapy may not exist or may be severely limited for patients who require a ventilator for life-sustaining therapy, or in cases where disruption is unacceptable. At the treating clinical team’s discretion, the benefits of continued ventilator use may outweigh the risks in these situations.”
Philips acknowledges that patients requiring life-sustaining ventilator therapy may not have alternate ventilator options or may have severely limited options, according to the recall notice. "The clinical team caring for these patients may decide that the ventilators' continued use is worth the risks.”
Are the CPAP Machines Harmful?
If you breathe in chemicals or swallow some of the small pieces of foam that have broken apart could potentially result in serious injury, including causing permanent impairment, and requiring medical intervention to prevent permanent injury, according to the U.S. Food & Drug Administration (FDA).
How Do I Seek a Replacement CPAP Machine?
To seek a replacement of your Recalled Philips CPAP machine, go to Philips’ website where you can register for the company's comprehensive repair and replace program. Philips previously announced that it had received authorization from the FDA to start replacing the defective foam in affected devices or replacing them with a new DreamStation 2 model in the U.S.
Should I Report Any Problem with my CPAP Machine?
Yes, the FDA is encouraging people who had a problem related to the recalled devices to report the problem through the MedWatch Voluntary Reporting Form or call 1-800-332-1088 for more information.
How Do I Get Started?
If you used a recalled Philips CPAP machine and have been diagnosed with cancer or another related injury, fill out and submit the form below for a Free Case Evaluation with a Philips CPAP lawyer to see if you are eligible for the Philips CPAP lawsuits.
How Much Compensation Can I Get in a Philips CPAP Lawsuit?
There have not been any Phillips CPAP Lawsuit settlements to date, so it is hard to put a precise number of the amount of compensation you could receive. However, based on settlements in similar products liability cases, individuals injured by a Recalled Phillips CPAP Machine who file a Philips CPAP Lawsuit could receive anywhere between $100,000 to $500,000 which some individuals receiving significantly higher amounts in the millions.
What Is the Status of the Phillips CPAP Lawsuits?
After numerous Phillips CPAP Lawsuits were filed in various federal courts across the country, the Judicial Panel on Multidistrict Litigation transferred all of the cases for coordinated pretrial proceedings to the Western District of Pennsylvania and assigned to U.S. District Judge Joy Flowers Conti. Judge Conti has appointed a Phillips CPAP settlement to coordinate with the parties in the hope of an early settlement. If unsuccessful, there will be a small group of representative plaintiffs who will prepare for a trial in early 2013. These representative trials are referred to as "Bellwether trials" and are used to help the attorneys gauge how the evidence that will be presented in each case is perceived by the jury.
Phillips CPAP Lawsuits, both class actions and individual actions, continue to be filed around the country and the Philips CPAP Lawsuit is expected to be one of the largest MDLs in U.S. History.
Call a Phillips CPAP Lawyer About a Phillips CPAP Lawsuit
Call a Philips CPAP lawyer today and see what he can do for you. There is no obligation, and the case evaluation is always free. Give Philips CPAP lawyer Timothy L. Miles a call today or submit the form below. A Philips CPAP lawyer can explain the process of the Phillips CPAP lawsuit and answer any questions you may have. Importantly, it should be noted that prior results do not guarantee similar results for a Philips CPAP Lawsuit. This is something you can discuss with a Philips CPAP lawyer depending on the specific circumstances of your cases.
We take all cases on a contingency basis which means we do not get paid unless we win your case.
Timothy L. Miles, Esq.
Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2022 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association, a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019). Mr. Miles has published over sixty articles on various issues of the law, including class actions, whistleblower cases, products liability, and more. about yourself. No need to be fancy, just an overview.
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Timothy L. Miles
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