If you were diagnosed with sleep apnea, your physician might have prescribed a continuous positive airway pressure (CPAP) unit or a bi-level positive airway pressure (BiPAP) unit as a non-invasive breathing aid. Although both machines have helped thousands of patients, in June 2021, Philips Respironics began recalling millions of CPAP machines after patients reported severe side effects. Many were diagnosed with cancer, liver, kidney, and respiratory problems, severe inflammation, and poisoning from degraded foam used in manufacturing.
Philips believes the polyurethane foam (PE-PUR) inside these machines is to blame for these adverse effects. This foam is considered safe when intact, but it can emit carcinogenic gases and particles directly into the user’s airways when it degrades. Additionally, the units can harbor bacteria if users do not clean them properly.
If you are using a sleep apnea machine and are experiencing complications, you may be eligible for compensation. Contact Fleschner, Stark, Tanoos & Newlin today to discuss Philips CPAP lawsuits with a seasoned mass torts attorney.
The litigation surrounding Philips CPAP machines sprawls nationwide, with over 15 million devices spanning numerous model names and lot numbers. More and more model numbers and masks are added to the recall list as information becomes available.
Because of the complexity of managing so many claims, lawsuits have been consolidated into multi-district litigation (MDL), which one judge is hearing, Senior U.S. District Judge Joy Flowers Conti, for the Western District of Pennsylvania. Several hundred cases have been filed in the MDL, with many others getting transferred. Now is the time for patients experiencing complications to consult a CPAP lawsuits attorney.
Actions submitted to Judge Flowers Conti include personal injury cases, proposed class actions that claim Philips violated state consumer protection statutes, unjust enrichment, and breach of warranties:
Philips RS North American LLC attempted to shift some onus onto CPAP users, claiming they were offered replacement units or that Philips would repair them, and users did not accept the offers.
Philips also argued that users must follow a specific routine to keep their CPAP machines bacteria-free, and those harmed did not comply, contributing to their injuries. These rebuttals are potential defenses that could affect personal injury, breach of warranty, and unjust enrichment claims. Because of this, it is crucial to rely on an experienced CPAP lawsuits attorney who could effectively fight back against these defenses.
Philips has motioned to the court that the MDL against the Dutch parent company, Koninklijke Philips N.V. (KPNV), also a defendant, should be dismissed. Attorneys argue that the Dutch company is not significantly connected to its U.S. subsidiary, Philips RS North American LLC, to be held responsible for damages its subsidiary caused on another continent. That motion is still pending.
For continuous updates and support with a Philips CPAP lawsuit in Indiana, consider enlisting the guidance of a committed attorney from our firm. We strive to keep plaintiffs updated on the status of their cases through regular communication efforts.
You have a reasonable expectation that medical equipment, like CPAP machines, is safe for its intended use and will perform as the manufacturer warrants. You have a right to compensation when neither expectation is realized, and you are seriously harmed as a result.
Countless cases of injury and death from Philips CPAP machines continue to consolidate under one federal judge in Pennsylvania. Depending on your injuries, your cause of action could be one of them. To learn more about CPAP lawsuits and if you qualify to file one, contact the experienced mass tort attorneys of Fleschner, Stark, Tanoos & Newlin today.
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