If you’ve used or are currently using a recalled Philips CPAP, BiPAP, or ventilator and have lung cancer, asthma, chronic respiratory illness, or related cancer or injuries, you may be able to get compensation through a Philips recall lawsuit.
Medical devices are meant to help, not harm. But as shown by the Philips Respironics recall of multiple models of breathing machines, some devices can cause more problems than they fix. Millions of Continuous Positive Airway Pressure (CPAP), Bi-Level Positive Airway Pressure (BiPAP), and mechanical ventilator machines are affected by the recall, which came after numerous users reported finding black particles in their devices from sound-reducing foam. These particles can potentially be inhaled or swallowed, leading to lung injuries. Toxic chemicals used in the foam may also enter the device’s airway and be inhaled.
According to the U.S. Food and Drug Administration (FDA) safety alert about the recall, these issues with the devices “can result in serious injury, which can be life-threatening, cause permanent impairment, and require medical intervention to prevent permanent damage.”
You can find out whether you may be eligible for a Philips CPAP recall lawsuit by calling Terry Bryant Accident & Injury Law to arrange a free consultation. Our law firm has over 35 years of experience taking on makers of medical devices that harm users. Learn about a possible lawsuit by calling our CPAP recall lawyers at (713) 973-8888 or toll-free 1 (800) 444-5000.
Injuries from Use of Recalled CPAP, BiPAP, and Ventilator Machines
Get Experienced Help from Our Philips CPAP Recall Lawyers
How do these breathing machines cause injuries? The devices use a polyester-based polyurethane (PE-PUR) foam to reduce sound and vibration. The foam can break down and enter the device’s air pathway as black particles. The foam can also “outgas” toxic chemicals into the pathway. When this happens, users can swallow or inhale the debris from the foam, as well as inhale dangerous chemicals, which can gravely affect their health. Users have reported headaches, coughs, airway irritation, chest pressure, and sinus infections.
Potential problems as described by Philips, the devices’ own manufacturer, and the FDA include:
Skin, eye, nose, and respiratory tract irritation
Increased risk of cancer to organs
Toxic and carcinogenic effects
Nausea and vomiting.
If you’ve used a Philips CPAP or BiPAP for sleep apnea or a mechanical ventilator and have been diagnosed with a lung injury or cancer or have signs of injuries, call our CPAP recall lawyers to schedule a free consultation at (713) 973-8888.
Devices Affected by the Philips CPAP Recall in 2021
The Philips recall addresses three types of machines: CPAPs, BiPAPS, and mechanical ventilators. The affected machines were manufactured beginning in 2009 and through April 2021. Philips issued its voluntary recall on June 14, 2021.
Recalled CPAP and BiPAP Models
DreamStation ST, AVAPS
C-Series S/T and AVAPS
OmniLab Advanced Plus
REMStar SE Auto
A-Series BiPAP Hybrid A30 (not marketed in the United States)
A-Series BiPAP V30 Auto
A-Series BiPAP A40
A-Series BiPAP A30
If you’ve used any of these breathing machines and have been diagnosed with a lung injury or possible symptoms of injury, call today to speak with a defective medical device lawyer. Dial (713) 973-8888 to arrange a free consultation.
Cases Our CPAP Recall Lawyers Are Investigating
Have you experienced any of the following listed injuries or illnesses after using one of the affected devices? If so, you may meet our criteria for further investigating whether your injuries may be due to the device. And, if so, our CPAP recall lawyers will let you know if you may be entitled to financial compensation from the manufacturer.
Reactive airway disease
Acute respiratory distress syndrome
Chronic respiratory illness
Chronic obstructive pulmonary disease
Kidney or liver damage
Chemical poisoning with injuries
Breathing difficulties or airway irritation
To arrange a time to speak with one of our CPAP recall lawyers, reach out to our law firm at (713) 973-8888.
How Much Money Can I Get in a CPAP Recall Lawsuit?
Our CPAP Recall Lawyers Pursue Maximum Compensation
Compensation in medical device lawsuits is based on damages. How bad your damages are will determine how much money you could get in a CPAP recall lawsuit. Here are types of damages you could receive based on your situation:
Payment of current and future medical expenses related to your injuries. Medical costs can include doctor visits, hospital stays, chemotherapy or other treatments, drug costs, and more.
Reimbursement for lost wages if you miss time at work.
Money for future lost income if you can’t work anymore or your work is limited.
Compensation for physical pain and emotional suffering caused by your illness or injury.
If the CPAP manufacturer is found to be grossly negligent, you might also receive punitive damages. Punitive damages, also called exemplary damages, are meant to punish makers of defective products. And if your family member dies due to illness or injury from a CPAP or other recalled device, you could potentially get damages for their loss.
We understand you may want to know how much money you can get in a CPAP recall lawsuit. We can more closely advise you what your claim may be worth once we understand your individual circumstances. To arrange a free consultation with our CPAP recall lawyer, contact us today.
Philips Respironics is part of Royal Philips, a multi-billion-dollar Dutch manufacturer of medical equipment. The company has a major market share of CPAP and respirator products. In addition to the devices affected by the recall, it makes other breathing machines that are not presently under recall.
If you’ve used a recalled device and experienced lung damage, asthma, cancer, or related illnesses or symptoms of these illnesses, you may have a Philips recall lawsuit and be eligible for a settlement. Our law firm will investigate your illness and other evidence in your case and advise you about its strength. Our Philips CPAP recall lawyers provide free, confidential consultations.
Lawsuits against Philips for its recalled devices are in the early stages. Whether there will be settlements or awards in these cases is not yet known. In addition to lawsuits over injuries, class action lawsuits have been filed over replacement and reimbursement for the cost of the devices. When our firm reviews your case, we can advise you about filing an individual claim or joining a CPAP recall class action lawsuit.
Our CPAP recall lawyers at Terry Bryant Accident & Injury Law work on a contingency basis. We don’t take any money up front for our services. When we get you compensation through a settlement or jury award, we take a previously agreed upon percentage of the money. And while we expect to win the cases we accept, there are never any guarantees. If you don’t win your case for some reason, we don’t get paid. To help you find out whether you may have a claim against Philips, we will provide you with a free, no-obligation consultation.
We’ll examine your damages and help you arrive at a fair value for your claim. Our lawyers will investigate all the evidence involved in your case and work to establish liability against Philips. Then we’ll pursue a settlement that covers your losses.
There isn’t a simple answer to this question. If Philips decides to settle claims, it could take less time than if cases must go to trial. Generally, cases that settle are resolved faster. Cases that go to trial can take years. But the sooner you begin the claim’s process, the sooner you could potentially get compensation for your injuries. Contact our attorneys at (713) 973-8888 to find out if you may have a Philips recall lawsuit.
Should I Stop Using My Recalled CPAP or Other Device?
If you have a recalled CPAP or BiPAP for sleep apnea, the FDA advises that you stop using it and consult with your doctor right away about other treatment options. However, if you use a life-sustaining ventilator that is affected by the recall, don’t stop using it until you’ve spoken with your doctor to determine what to do for your situation.
To learn about updates related to the recall and what Philips is or is not doing to replace or fix machines, go here to register yours.
If you believe you suffered injuries because of your device, you should preserve evidence of the defect, including any foam particles found in the machine. In the case of possible injuries caused by the device, do not return your machine before talking to one of our Philips CPAP recall lawyers. If you’ve been injured, the device itself will be necessary evidence in your claim.
Deadline for Filing a CPAP Recall Lawsuit
If you believe your lung damage, asthma, respiratory illness, cancer, or other injury was caused by a CPAP or other recalled device, contact us as soon as possible. Generally, the deadline for filing product liability lawsuits in Texas, such as this one, is two years from the date the illness or injury was discovered. Other states may have other filing deadlines.
However, there may be other critical deadlines. Always speak directly to an attorney to understand the deadlines for your specific legal claims. Call our CPAP recall lawyers today at (713) 973-8888 or toll-free 1 (800) 444-5000.
Reach Out Today for Help with Your CPAP Recall Lawsuit
Our Skillful Houston Attorneys Will Stand Up for Your Rights
At Terry Bryant Accident & Injury Law we have a successful track record of advocating for the interests of victims of defective products. We want to help you, too. You can schedule a free consultation with an attorney from our firm by calling (713) 973-8888 or toll-free 1 (800) 444-5000. Our CPAP recall lawyers seek maximum compensation for people injured by defective medical devices.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
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