Philips CPAP Machine Recall Lawsuit: Hire a Lawyer

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CPAP ventilator machines that you use every day for many hours at a time should be safe and free of defects. If you or a loved one were injured by one of these machines, you may need legal action to help you recover for the losses incurred.

David HoltSamantha Cohn
Legally Reviewed By
Stephen M. Smith
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CPAP ventilator machines that you use every day for many hours at a time should be safe and free of defects. If you or a loved one were injured by one of these machines, you may need legal action to help you recover for the losses incurred.

The Philips Respironics company has recalled a number of Continuous Positive Airway Pressure (CPAP), Bi-Level Positive Airway Pressure (Bi-Level PAP), and mechanical ventilator machines due to serious potential health risks. The polyester-based polyurethane foam used in these devices could break down, causing choking and breathing hazards.

Such hazards could result in serious and potentially life-threatening injuries requiring medical intervention. There were also dangers associated with inhaling chemical off-gassing emitted by certain products.

Any type of breathing or respiratory injury can place a person in great danger and risk of long-term damage. If you use or have used a Philips CPAP, Bi-PAP, or mechanical ventilator device and are experiencing symptoms, you may need to file a lawsuit for damages.

At the Smith Law Center, we have extensive experience holding large manufacturers like Philips Resironics accountable for placing consumers at risk of injury. Schedule a free consultation with us by contacting us online or calling us at (757) 244-7000. We work hard to ensure each of our clients is justly compensated for their losses.

Which Philips CPAP Machines Have Been Recalled?

Philips Respironics first began recalling CPAP and other devices in June 2021. In January 2022, the FDA produced an updated list of the affected devices.

Philips Respironics is recalling the following devices made between 2009 and April 26, 2021.

  • A-Series BiPAP A30
  • A-Series BiPAP A40 (ventilator)
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto (ventilator)
  • C-Series ASV (ventilator)
  • C-Series S/T and AVAPS
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • Garbin Plus, Aeris, LifeVent (ventilator)
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne (Q-Series)
  • Trilogy 100 (ventilator)
  • Trilogy 200 (ventilator)
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Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

If you have used any of these products and are experiencing difficulty breathing, lung pain, or other respiratory symptoms, seek medical attention immediately. Contact a lawyer at (757) 244-7000 for a free, no-obligation consultation to discuss your legal rights regarding a Philips CPAP lawsuit.

The foam issue may get worse in hot and humid environments. If you used one of these products where such a climate is common, you may be more at risk of injury.

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What Do Damages From a Philips CPAP Lawsuit Cover?

People who have suffered lung injuries, breathing impediments, or other conditions after using a CPAP device may be eligible for financial compensation for their losses.

Damages from a CPAP lawsuit can cover:

  • Costs of medical treatments and medications
  • Lost wages from missing work while recovering
  • Loss of the ability to generate future income
  • Additional medical services not covered by insurance
  • Pain and suffering damages

Additional damages may be available depending on the circumstances of each individual case. For instance, loss of consortium or companionship can be issued in certain situations. Wrongful death damages may be available in cases where the defective product caused a loss of life.

The amount of damages issued will depend on several factors, including the severity of the injuries involved, as well as the skill and experience of the attorney handling the case.

What Symptoms Are Associated With the Philips Respironics Recall?

Potential symptoms and conditions associated with inhaling or swallowing pieces of foam used to reduce sound and vibrations in the machines include:

  • Skin, eye, nose, and respiratory tract (airway) irritation
  • Asthma and other breathing problems
  • Headache and nausea
  • Toxic or cancer-causing effects to organs like the kidneys or liver

Symptoms linked with inhaling off-gassed chemicals from CPAP air tubes include:

  • Allergic reactions
  • Immune system reactions
  • Nausea and vomiting
  • Headache/dizziness
  • Various forms of cancer

Many of these symptoms can be highly serious and life-threatening. You should discontinue use of the Philips product immediately and seek medical and legal assistance if you experience any of these symptoms.

Philips CPAP machine resting on a nightstand

How Can I Prepare for a Philips CPAP Machine Recall Lawsuit?

If you’ve been injured by any type of Philips CPAP machine or other breathing device, you should take the following steps, which will help you prepare for legal action:

  • Stop using the device as soon as possible
  • Take note of the product model and serial number (if possible)
  • Gather as many relevant medical records and documents as you can
  • Write what symptoms you feel, when you started feeling them, and how it impacts you
  • Get in touch with a lawyer for advice on your legal rights and options

We understand that you might not be able to perform all of these tasks, especially if you are still recovering and physically unable to do so. It is our job as attorneys to gather information and records for trial, so don’t hesitate to reach out if you need our help.

Philips has begun the process of issuing repair kits and product replacements. However, these measures still may not undo any damage previously caused by defective machines. You should contact a lawyer if you suspect you were affected by a recalled device.

At the Smith Law Center, our team has a proven track record of multimillion-dollar case results in complex personal injury lawsuits.

Contact a Defective Medical Devices Attorney

Injuries caused by a Philips sleep apnea machine and other similar devices can disrupt a person’s entire life and that of their loved ones as well. If you or a loved one have been injured due to recalled Philips CPAP machines, you may need the services of an experienced injury attorney.

At the Smith Law Center, our aim is to provide quality legal representation to victims of negligence in a way that is supportive and caring throughout the process. We give each of our clients the personal attention they need during such difficult times.

Our case record speaks for itself, and our firm has the resources needed to go up against large corporations. Get in touch with us at (757) 695-9425 to start the process of restoration and recovery for you and your family.

FAQ

Philips CPAP Machine Recall FAQs

How long will the CPAP lawsuit take?

There is no set time period for how long a lawsuit will take. Depending on the facts and circumstances surrounding the CPAP injuries, the legal process can take anywhere from several months to a year or longer.

The sooner you contact a lawyer, the sooner your case can be processed. Also, filing deadlines may apply, so be sure to take action promptly.

How much is the CPAP lawsuit worth?

Philips CPAP claims are relatively new and still in progress, so it is not possible to provide data on settlement results. Each case will vary depending on the severity of the injuries and other factors. An experienced lawyer will be able to help you recover damages for hospital bills, pain and suffering, lost wages, and other costs.

How do I know if my CPAP has been recalled?

The FDA and the Philips Respironics company websites have steps to follow for locating and tracking down which items have been affected. However, many patients may find it difficult to get a hold of a representative or to follow the steps provided. Contact an attorney who can help you determine whether your specific machine was affected.

How can a lawyer help me with a Philips CPAP lawsuit?

Lawyers are trained to provide services and perform tasks that ordinary citizens may be unable to. A lawyer can help you by:

  • Gathering documents and evidence for trial
  • Obtaining records and information not readily available to the public
  • Research the laws that apply to your CPAP case
  • Formulate a strong legal strategy for litigation

If you have been injured by a Philips CPAP machine or other recalled device, contact the Smith Law Center (757) 244-7000. Our attorneys can advise you of your next steps and guide you through the legal process from start to finish.

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