Tittle and Perlmuter is examining sleep apnea machine cases from users of the Philips CPAP or BiPAP sleep apnea machines. If you or a loved one used a Philips sleep apnea machine for six months or longer and have been diagnosed with a respiratory condition like pulmonary fibrosis or cancer, you might be entitled to financial compensation. Our attorneys can help. For a free consultation, contact our firm or give us a call at 216-285-9991.
Continuous positive airway pressure (CPAP) therapy uses a machine to help people with obstructive sleep apnea breathe more easily during sleep. A CPAP machine helps increase air pressure in the throat by sending a steady flow of oxygen to the nose and mouth, so that the airway doesn’t collapse when breathing in during sleep. Specifically, a CPAP machine’s compressor (motor) produces a continuous stream of pressurized air that travels through an air filter into a flexible tube. This tube then delivers purified air into a mask that’s sealed around the nose or mouth. During sleep, the CPAP’s airstream pushes against any blockages and opens airways so that the lungs can receive ample oxygen. This helps prevent obstruction of oxygen so that there are not pauses in breathing during sleep. As a result, repeatedly waking up to resume breathing is avoided. CPAP machines are the most commonly prescribed devices for treating sleep apnea disorders.
“BiPAP” is a trade name and BPAP is the device type. Bilevel positive airway pressure (BPAP) machines are used as part of a non-invasive ventilation therapy to ease breathing. They are used in hospitals as well as homes, in which those machines are more compact. Like other ventilators, BPAP machines use pressure to push air into the lungs. They help open lungs which improves oxygen levels in blood and decreases carbon dioxide. BPAP machines are bilevel because they have two different air pressure settings:
This device is designed to help mechanically control or assist breathing by delivering a certain percentage of oxygen in the breathing gas.
Philips recalled over 3 million of their CPAP, BiPAP, and ventilator devices in June of 2021 due to potential health risks. The sound abatement foam used to keep the machines quiet and reduce vibration may degrade and release particles and toxic gases into the airways that users inhale or swallow. Lab tests revealed degraded foam and gases several toxic and cancer-causing chemicals. Devices that are more than three years old or exposed to high heat or humid environments are reported to be more likely to have degraded foam. Inhaling or ingesting foam particles or gases may cause toxic, carcinogenic, and respiratory effects.
In July 2021, the FDA classified the Philips CPAP recall as a Class I recall which means the product may cause serious injury or death.
Since the recall, several consumer lawsuits have been filed across the country. The complaints contain specific factual allegations stating that Philips had been receiving complaints for years from CPAP users who reported that they were inhaling foam or dust-like particles from their device.
Philips also disclosed problems with the recalled devices to investors before issuing the recall. They announced the nationwide safety recall on June 14th, 2021; however, several weeks prior, Philips told its corporate investors about the problems with the DreamStation and other CPAP devices. On April 21st, 2021, Philips released its quarterly earnings report to investors that addressed problems and health risks related to the DreamStation line of devices in the “Regulatory Update” section of their report.
The company just so happened to release a new and safer alternative, DreamStation 2, just weeks prior to the recall. This new device was designed and manufactured without using sound abatement foam. A few weeks after the new launch, Philips notifies the public that the older DreamStation devices are not safe and then shortly after issues a recall. This shows a clear effort to time the recall to minimize financial losses. Products like these take months and sometimes even years to design and manufacture. This makes it obvious that Philips has been aware of the issues for longer than they’ve led the public to believe.
Qualifying criteria for filing a CPAP lawsuit include:
If we can determine that you have a lawsuit, we believe you are entitled to compensation. If you file a lawsuit and our hardworking attorneys are successful in negotiating your case or we win at trial, you could be compensated for the following:
At Tittle & Perlmuter, our job is to fight for you. We will help you to the best of our ability. We will be on your side and our goals will be the same as yours. Our Cleveland personal injury lawyers take a comprehensive approach to helping victims of negligence. If you or a loved one has suffered any health consequences from using these Philips medical devices, contact our firm for a free consultation or give us a call at 216-285-9991. We can help determine if you are eligible to file a lawsuit.
The FDA recommends that people using a recalled Philips CPAP machine should:
Sleep apnea causes interruptions or pauses in breathing, often because the throat or airways briefly collapse, or something temporarily blocks them.
Philips recalled device brands include:
Most of the recalled devices are from Philip’s first-generation DreamStation line. The recall affects all serial numbers of the listed devices manufactured between 2009 and April 26,2021. Philips reported that more than half of the affected devices are in the United States.
In addition to any general Philips CPAP side effects, recalled machines have other unique risks because of exposure to particles or gases from degraded foam. These risks include chemical exposure risk, toxic effects, cancer, and respiratory issues. Bladder cancer, lung cancer, and stomach cancer have been linked to CPAP.
Potential risks associated with recalled devices:
Philips recalled several of their BiPAP and CPAP devices because they contain a sound abatement foam that degrades. Particles from the foam can be inhaled or ingested and cause cancer or serious respiratory issues.
The toxic foam is polyester-based polyurethane. Because the foam degrades into small particles than can be inhaled or ingested, it is causing people severe health issues. The foam also produces a toxic gas which can lead to cancer or other medical issues.
These damaging devices manufactured by Philips have been sold to patients since 2009, which means that some users have been exposed to the dangerous foam and toxic gases for more than a decade.
You may be eligible to file a lawsuit if you used any of the Philips devices they recalled. Some details that can help your case are knowing which device you used, when you used it, and how long you used it for. Our firm will need to know if you have been diagnosed with cancer or any other health condition that you and your doctor believe to be related to the recalled device. If you have, you could have a legitimate legal claim against Philips. Our firm can help you obtain medical records and any other additional documentation that is needed while guiding you through next steps.
Our attorneys are reviewing potential cases of victims who have been impacted by Philips’ recalled devices. If you meet the qualifying case criteria described above, please contact our firm for a free consultation. We are here to fight on your behalf, get the compensation you deserve, and help you navigate through the whole process. You can call us at 216-285-9991.