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Philips CPAP Recall Lawsuit Claims

Sleep Apnea CPAP RecallA CPAP machine is supposed to help people who suffer from sleep apnea lower the serious health risks that accompany this medical issue. However, a 2021 recall of more than 15 million Philips CPAP machines worldwide has shed light on the dangers of degradation and off-gassing that result from sound abatement foam used in these machines. Further investigations have continued to highlight the breadth and severity of these risks.

Cancer, lung issues, and damage to the heart and other organs are just a few of the health issues that have been linked to foam degradation and off-gassing in the recalled CPAP machines. If you or a loved one has suffered serious health issues because of these machines, the company finally issuing a recall is nowhere near enough to make things right for you and your family. You deserve answers from the machine’s manufacturer and compensation for all of the harm you have been through.

We can help. The attorneys at Console & Associates, P.C. are now reviewing Philip CPAP lawsuit claims involving cancer and other types of serious injury.

For a free, confidential consultation, call (866) 778-5500 today.


 

What Philips CPAP Machines Are Being Recalled?

CPAP machines are the most common treatment method for moderate to severe sleep apnea, a scary condition in which the individual stops breathing in their sleep. Continuous positive airway pressure devices treat this condition by delivering through a mask a level of air pressure that is sufficient to keep the user’s upper airway passages from collapsing.

Sleep apnea patients whose doctors have prescribed CPAP therapy wear the device all night, every night. When the device or any of its components pose potentially serious health risks, this means that the CPAP user spends as much as a third of their life actively exposed to that danger.

As of January 2022, the list of which Philips CPAP machines are recalled, according to the FDA, includes the following:

  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • A-Series BiPAP V30
  • C Series ASV, S/T, AVAPS
  • Dorma 400/500 CPAP
  • DreamStation ASV
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation GO CPAP and APAP
  • DreamStation SV/AVAPS
  • E30 Continuous Ventilator
  • Garbin Plus, Aeris, LifeVent Ventilator
  • OmniLab Advanced Plus In-Lab Titration Device
  • REMStar SE Auto CPAP
  • SystemOne ASV4
  • SystemOne Q Series
  • Trilogy 100 Ventilator
  • Trilogy 200 Ventilator

The Philips CPAP recall models include all serial numbers of all these devices that were manufactured before April 26, 2021.

If you used any device on the Philips CPAP recall list, you should follow the FDA’s guidance and speak to your doctor right away about how you can safely treat your condition. The potential harm that could result from using the recalled CPAP machine is significant, but so are the complications and risks posed by untreated sleep apnea. It’s important that you receive safe and effective treatment for sleep apnea that doesn’t put your health at risk in other ways.

How Serious Is the Philips CPAP Recall?

The Philips CPAP recall is considered voluntary, but that doesn’t make it any less serious. In the official safety communication about the recall, the FDA stated that “These issues can result in serious injury, which can be life-threatening, cause permanent impairment, and require medical intervention to prevent permanent damage.”

The recall involves health risks posed by the patented polyester-based polyurethane (PE-PUR) sound abatement foam used in the recalled Philips CPAP devices. This foam helps these machines reduce the amount of sound and vibrations they produce. However, evidence has come to light that the foam in the affected devices could pose two kinds of health risks to users:

  • Foam degradation: The breakdown of foam into small particles that can enter the air pathway, causing the CPAP user to inhale those particles in their sleep.
  • Volatile organic compound emission: The release or off-gassing of chemicals into the air pathway, which again can be inhaled by the CPAP user.

In either case, the outcome of problems with the sound abatement foam is that the CPAP user may end up swallowing or inhaling unwanted and unintended materials that aren’t meant for human consumption. Reuters initially reported that both the foam particles and the gases they emit can be toxic and may cause cancer. Since then, links between exposure to foam degradation and chemical emission and the development of other serious health conditions have come to light.

Philips CPAP Recall Symptoms

Individuals who have used one of the now recalled Philips CPAP machines should watch out for symptoms that could indicate serious health conditions and changes—especially symptoms that could indicate cancer.
Users of Philips CPAP machines may not be able to tell if they have been exposed to broken-down particles of the patented PE-PUR foam or the chemical gases it produces as it degrades. The particles that enter the air pathway of the device may be so small that there may be no visible damage to the foam component of the machine, and the user is sleeping while the ingestion of these particles or gases occurs.

There are some signs and symptoms that could indicate that a user of a recalled Philips CPAP machine has cause to be concerned, including:

  • Headache
  • Nausea
  • Vomiting
  • Respiratory issues
  • Airway inflammation
  • Irritation of the eyes, nose, respiratory tract, or skin

Additionally, individuals who have used one of the now recalled Philips CPAP machines should watch out for symptoms that could indicate any other serious health conditions and changes—especially symptoms that could indicate cancer. While different forms of cancer present different symptoms, the American Cancer Society reported that general cancer symptoms include unexplained fatigue, weight changes, pain, lumps, and other changes.

Can CPAP Machines Cause Cancer?

The symptoms listed above are troubling, to be sure. However, more worrying than these immediate symptoms are the potential toxic or carcinogenic effects of ingesting either foam particles or the gases produced as the foam breaks down.

Lung cancer, nasal cancer and other cancers of the mouth and respiratory system have been linked to foam degradation. Those who have been diagnosed with these cancers and have a history of long-term CPAP use are currently pursuing Philips CPAP machine lawsuits.

Other types of cancers that have been linked to CPAP foam degradation include:

  • Bladder cancer
  • Brain cancer
  • Breast cancer
  • Hematopoietic cancer
  • Leukemia
  • Liver cancer
  • Lymphatic cancer
  • Multiple myeloma
  • Nasal cancer
  • Non-Hodgkin’s lymphoma
  • Papillary thyroid carcinoma and other thyroid cancers
  • Prostate cancer
  • Stomach cancer
  • Testicular cancer

How can the recalled Philips CPAP machines cause cancer? Different chemicals that are reported to be produced by foam degradation and chemical emission have been linked to different types of cancer.

For example, benzene is reportedly associated with breast cancer, hematopoietic cancer, leukemia, and lymphatic cancer. Formaldehyde is linked to the development of nasal cancer. Methylene chloride has been associated with lung cancer, liver cancer, brain cancer, multiple myeloma and non-Hodgkin’s lymphoma. Perfluorooctanesulfonate (PFOS) are among the per- and polyfluoroalkyl substances (PFAS) that have been linked to bladder, breast, liver, kidney, pancreatic, prostate and testicular cancer.

Even the solvents and flame retardants used in the Philips CPAP PE-PUR foam have reportedly been linked to cancer—respectively, bladder, hematopoietic, lung, and stomach cancer for solvents and liver, thyroid, and uterine cancer for flame retardants.

Diagnosing cancer can be a difficult and lengthy process that may involve multiple diagnostic tests and procedures, some of which can be physically uncomfortable or downright painful. Depending on what kind of cancer you have, you might be facing treatments like chemotherapy, radiation, and surgery. These treatments can be both physically and financially draining, as well as emotionally challenging.

For all of these significant harms and losses, you deserve full compensation.

What Other Injuries Have Been Named in CPAP Lawsuits?

Unfortunately, cancer isn’t the only type of health concern that users of the recalled CPAP machines have to worry about. The Philips CPAP recall lawsuits now progressing against manufacturer Philips Respironics encompass many other types of harms and injuries, including:

  • Asthma
  • Pulmonary fibrosis
  • Pulmonary edema
  • Other lung diseases and conditions
  • Kidney disease or damage
  • Liver disease or damage
  • Heart damage
  • Hyper- or hypothyroid disease
  • Immune disorders

If you believe that one of these conditions—or potentially any other serious health condition—may have resulted from inhaling toxic particles or gases from the sound abatement foam in your CPAP machine, it’s important to speak to both a physician and an attorney. Although not all of these conditions can be cured, they can be treated in ways that may help manage and mitigate symptoms and improve quality of life and longevity. An attorney can launch an investigation that can help establish whether the foam in the recalled Philips CPAP devices caused your health issues.

Can I Sue Philips for CPAP Recall?

The massive recall of 15 million devices includes some of the most widely-used CPAP machines on the market.
The massive recall of 15 million devices, including some of the most widely-used CPAP machines on the market, has understandably left users feeling frustrated and alarmed. However, what really has many sleep apnea patients asking, “Can I sue Philips Respironics?” is the revelation, according to NBC News, that the company “knew of problems for years, but didn’t act.”

An FDA investigation cited by NBC news had turned up evidence, in the form of internal emails sent by Philips employees, that the company’s knowledge of potential foam degradation issues dates back to at least 2015. As the FDA noted, “there were at least fourteen instances, assessments, and/or test reports… where your firm was aware of issues and concerns” prior to the recall being issued, yet during that time, “no further design change, corrective action, or field correction was conducted when appropriate or within an appropriate timeframe.”

What does it mean if, indeed, Philips failed to recall the product or take other corrective action for years despite knowing that this problem of foam degradation could occur? Acting quickly could have mitigated health risks to consumers. The company’s alleged inaction has allowed the sleep apnea patients being treated with the affected CPAP machines to spend a third of their lives at risk of inhaling potentially toxic and carcinogenic materials during each additional year that has passed since the danger came to light. These years of additional exposure may put users at a greater risk of suffering negative health impacts from exposure to the materials.

Philips Respironics is now facing litigation over the recalled devices. Multidistrict litigation (MDL) consolidated in the Eastern District of Pennsylvania included well over 100 individual lawsuits by the end of 2021. Given the sheer number of the recalled devices, attorneys expect many more cases—potentially in the range of tens of thousands of cases—to be filed over the recalled Philips CPAP machines.

How Do I Join a Class Action Lawsuit Against Philips CPAP Machine Manufacturers?

As of early 2022, the ongoing Philips CPAP cancer lawsuits are not class action matters but instead individual personal injury matters consolidated into multidistrict litigation. What this means is that each individual plaintiff can still seek compensation for their unique damages, but the litigation process for all of the consolidated claims is streamlined.

For users of recalled Philips CPAP machines who have been diagnosed with cancer or any of the other associated health conditions, joining the Philips CPAP MDL lawsuits is easy. Our attorneys are currently investigating claims involving all recalled Philips CPAP-related injuries and health conditions. A simple phone call or secure online contact form can get you in touch with a knowledgeable Philips CPAP lawsuit attorney who can review your information at no charge and help you determine whether you have the grounds for a successful claim for compensation.

Do I Need a Lawyer for a Philips CPAP Lawsuit? How Much Does an Attorney Cost?

A complicated claim like this—the kind that involves a major manufacturer of medical devices used worldwide, complex damages that you’re alleging resulted from toxic exposure, and multidistrict litigation—isn’t a legal matter to undertake on your own.

Philips CPAP lawsuit settlements and jury awards have the potential for significant financial value, but successfully recovering compensation requires going through a challenging legal process. How do you prove that your cancer, organ damage, asthma, or other medical condition resulted from your use of a recalled CPAP device? How do you even file your case so that it becomes part of the existing MDL, taking advantage of the streamlined litigation process? You need experienced professional legal representation to overcome these and other hurdles that would otherwise keep you from getting the money you deserve.

Hiring an attorney for a personal injury-related claim doesn’t have to cost a lot. In fact, the attorneys handling Philips CPAP cancer lawsuits are accepting cases on a no-win, no-fee basis. Individuals affected by health conditions caused by the recalled devices, as well as their families, can move forward with a claim against Philips Respironics at no upfront cost. Plaintiffs pay nothing toward their claim—for the investigation, the services of expert witnesses, the costs of legal filing fees, and attorneys’ fees—unless and until their lawyer successfully secures compensation for them.

Philips CPAP Recall: What to Do If Your Device Has Been Recalled

1.   Talk to Your Doctor About Alternative Ways to Treat Your Sleep Apnea

Knowing the potential dangers posed by the recalled Philips CPAP machines, you may want to stop using your CPAP machine immediately. Although you certainly don’t want to keep exposing yourself to potentially toxic or carcinogenic chemicals and particles, you also shouldn’t allow your sleep apnea to go untreated. Speak to your physician right away about the recall, any concerning symptoms you may have, and how you should move forward with safely treating sleep apnea.

2.   Register Your Recalled Unit for Replacement.

Register Philips CPAP recalled devices online at https://www.philipssrcupdate.expertinquiry.com/registration to determine if your machine is included in the recall and to become part of the ongoing device replacement program.

3.   Get Checked for Potential Injuries From a Recalled CPAP Machine.

Now that you know that you have potentially been exposed to the health risks posed by foam degradation and off-gassing, you and your doctor can draw upon this information when assessing your risks for serious medical conditions.

For example, your doctor may be able to recommend screening tests you could undergo to detect cancer or another serious health condition early on, even before the condition presents symptoms. If you have symptoms that could potentially indicate a health condition that has been linked to the recalled CPAP machines, knowing about your history of potential exposure may prompt your doctor to focus on ruling out these possible diagnoses earlier than would be the case for a patient without a history of toxic exposure.

Don’t be afraid to talk to your doctor about any symptoms you have, as well as other risk factors. Although undergoing testing to screen for cancer, heart damage, and other serious health conditions can be nerve-wracking, early detection allows you to begin treatment earlier and, often, with a better prognosis.

4.   Take Advantage of a Free Consultation With a Philips CPAP Lawsuit Attorney.

It’s important to understand your legal rights and options as a user of the recalled Philips CPAP machines. Attorneys are offering free, no-obligation consultations in which potential claimants can have their cases reviewed and their questions answered.

Get your case started today at no upfront cost by calling Console & Associates, P.C. at (866) 778-5500