Phillips Respironics CPAP Machine Lawsuit
Phillips Respironics CPAP Machines, also called BiPAP machines, treat obstructive sleep apnea (OSA). OSA is a sleep disorder in which the pharynx repetitively collapses during sleep. These collapses cause snoring and inadequate, shallow breathing. Philips Respironics recalls its DreamStation CPAP machines due to concerns over PE-PUR sound abatement foam. The problem with the polymer is that it breaks down and may cause black debris or particles to enter the mask, tubing, or air pathway. It also releases toxic chemicals directly into your lungs! A product recall occurs when a company issues instructions to return their products after discovering that there is something wrong with it that poses health risks to its users.
This issue was brought up back in June of 2021 when Philips Respironics issued a recall for various types of respiratory equipment that contained this specific type of polyester-based polyurethane foam from being used anymore because there were some reports about these materials releasing these harmful substances through the bodies of its users. Sleep apnea may cause extra awakenings during sleep, while the pharynx and airway are blocked for several seconds or longer. This can lead to poor sleep quality, excessive daytime drowsiness, and memory and concentration problems. The Philips CPAP Machines are used to treat patients with sleep apnea through pharyngeal pressure control or upper airway pressure relief.
About the Philips Respironics CPAP Machines lawsuit
Quite recently, Philips has been on the receiving end of lawsuits after it was found that some of its devices have an issue with degraded foam particles getting in people’s lungs. The experts in the field weighed in and said that the Phillips Respironics CPAP machines have a chemical process where they break down foam particles into small pieces, and these degraded pieces, once inhaled, can cause harm to people, including cancer. This problem causes not only serious health issues but also financial ones as patients may need expensive treatments such as surgery or chemotherapy if they contract diseases from ingesting this toxic material into their bodies. Officials are warning people who rely on recalled Philips ventilators to not stop using them until they speak with a healthcare professional. The potential benefits of continued use might outweigh the risks, so it’s important for patients to discuss options first.
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Philips Respironics is recalling the Dreamstation
Now, after it was found that Philips Respironics CPAP machines have this design flaw, it has decided to recall its Dreamstation, A series, C series(Phillips CPAP machines), among many others.
The company also stated that this action is being taken for the safety of patients around the country who are using this device and will not be able to breathe if they contract any of these diseases.
The Continuous/CPAP ventilators under recall
A large number of Philips Respironics Dreamstation machines have been recalled, not just a few. From the list below, you can see that the CPAP machines don’t just belong to only one series of Philips. They range across a variety of them.
- DreamStation ASV
- DreamStation ST, AVAPS
- System One ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLap Advanced+
What are the allegations in the Philips CPAP recall lawsuit?
The new lawsuits filed against Philips Respironics allege that the company knowingly ignored CPAP design flaws for years before issuing a recall of defective foam. Despite knowing about the issue with their CPAP for years and launching a new product that does not suffer from this defect, they continued to sell dangerous products without warning consumers. These actions may have led to a number of health issues for countless patients nationwide who were prescribed these CPAP machines. The Philips Respironics CPAP machines lawyers also allege that the company has refused to recall all models of their defective CPAP, along with BiPAP and mechanical ventilators. Due to these allegations being made against Philips Respironics, a large number of lawsuits have surfaced around the country by people who used this device and were affected by using it.
You may be eligible to receive compensation for these losses arising from the injury.
A: If you are currently using any of the above-listed models or if you received any of them from your doctor, then you should contact our Philips CPAP machine lawsuit lawyer immediately for more information. You may be entitled to compensation if you have been harmed by using one of these products.
A: If you are not sure about whether your Phillips Respironics CPAP machine has a defect or not, you can always visit the Philips website and check. You will see all the models that are recalled there as well.
You should be proactive with finding out if your Phillips Respironics CPAP machine is one of those that has a design flaw. Do not assume that you are safe and not affected by this recall because Philips Respironics CPAP machines can still cause harm to people in the future if they don’t have their Phillips Respironics CPAP machine replaced or fixed properly.
A: Philips, a Dutch medical equipment manufacturer specializing in breathing support products like CPAPs and oxygen masks, is now recalling their models that have been discovered to malfunction.
Philips has sold these devices around the world for years with no major accidents. Still, recent testing revealed some design flaws that are dangerous when used by patients suffering from sleep apnea.
The company has stated that they are taking this action to prevent patients from getting sick, such as contracting any of the diseases listed below:
- Skin, eyes, respiratory tract irritation.
- Pulmonary complications, including pneumonia.
A: As per its official USA website, Philips has issued an update on proactive efforts to address identified issues with a component in certain products of their Sleep and Respiratory Care portfolio.
As the result of ongoing analysis following this announcement, Philips also had to issue a recall notification (the US only) / field safety notice(outside the US) for specific affected devices due to the dangerous impacts on patients’ health and clinical use related to this issue.
The company is always on the lookout for potential safety issues that can arise with its medical devices.
From here, we can see where Philips Respironics really stands. It always tries its best to maintain the level of quality we expect from it.
The Philips Respironics CPAP lawsuit lawyers represent people who were harmed by using these devices and have been affected by them in a negative way. If you or someone you know has suffered health issues due to using one of these defective Philips Respironics machines, you can always book a free consultation with us.
A: The US has a novel system for manufacturing medical devices. Manufacturing companies only have to write a letter explaining how their device is similar to another one. They are allowed on the market with little testing.
The FDA requires companies to test their products before they go on the market. However, suppose Philips can prove that its product has a similar design to another one already up for sale. In that case, they get out of tests without having any problems.
So the way FDA sets a standard for medical devices is not that helpful for safety. Every year medical devices cause harm to people, and you may be one of those victims affected by these defective CPAPs as well.
The manufacturer of that defective product is at fault for negligently producing or selling this dangerous item to doctors unaware of its dangers.
We can approach these types of cases in one of the following ways by assuming:
- CPAP manufacturer Philips knew about the design flaw in their devices and failed to recall them.
- The manufacturer knew about a design flaw and was unable to warn users about the potential harm.
- The products have a defective design that would have been identified during the pre-production testing phase.
So if the recalled CPAPs injured you, you now know the different methods of approaching and that you can fight back and get the compensation you deserve.
It is optional to know the difference between sound abatement foam materials. These may not be as effective at reducing noise if they are not designed for that purpose.
The best way to identify is by reading the product information on what type of material it has. Still, there are some ways to tell without looking through the packaging.
When you feel the foam with your hand, if it feels like a dense sponge, then it will be more effective in absorbing noise than something that feels like styrofoam or cotton balls.
Another way to tell is by seeing how much air bubbles form when pressing into one side of the foam and popping them on another side – this also indicates how well-made the product is because fewer air bubbles mean better quality.
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Reasons for using the Philips Recalled Respironics CPAPs:
- There are many reasons why people choose to use a CPAP machine. Some sleep apnea patients suffer from chronic fatigue, which can cause them to fall asleep at work or while driving.
- Others get the condition because of high blood pressure and heart problems that make it difficult for their lungs to function properly.
- Philips Respironics recalls their CPAP machines due to safety concerns about injuries they can cause, including lacerations and eye damage.
The Most Common Steps in a Philips DreamStation Recall Case Evaluation
Let’s say you have suffered damage because Philips allowed a defect in their devices to go unidentified.
These questions will most likely be asked when you meet with Philips Respironics CPAP lawsuit attorney:
- What are your specific symptoms?
- How long have you had them?
- When did you notice the first signs of health complications that made you think that it might result from using a faulty device?
- Did you experience any trauma or surgical intervention related to the malfunctioning medical device?
- Are you certain that Philips Respironics made a mistake?
- What health issues do you suffer from due to using this defective machine?
There is no need to suffer from a faulty device when you can always fight back and get compensation for your injuries.
The FDA warns that people who rely on Philips ventilators to help them breathe should not stop using the device unless they have spoken with a doctor. The benefits of continued use may outweigh the potential risks in some cases, so it’s essential for your case-specific needs before making any decisions.
Possible Causes for the Degradation of Foam Material
Exposure to degraded sound abatement foam can lead to exposure problems. For example, ozone is one of the many unapproved methods that may be used for cleaning this material and will only make things worse in high heat or humid environments. This type of environmental degradation could result in health risks, with chemicals from these materials being released into your system over time as well! Another cause can be the increase in temperature because of exposure to the sun, heaters, or any other unnatural source that stimulates the degradation process. The primary purpose of these foam materials is for sound reduction and anti-vibrations. Still, they have also been used on Phillips Respironics CPAP machines due to their comfort benefits. But the overheating of the foam material can make the particles disintegrate and release unsafe chemicals into your system.
What Does This All Mean for You?
Suppose you have used a Philips Respironics BiPAP machine or CPAP over the past few years. In that case, there are likely some serious risks to your health that could cause further illness down the road.
What is the product liability lawsuit involving the Philips Respironics CPAP machine?
Liability is a term that often comes up when discussing the law. When it comes to product liability, there are three basic types of cases: negligence, breach of warranty, and strict liability. Negligence occurs when someone has acted unreasonably or carelessly in producing or supplying a defective product, breaching their duty to act with reasonable care. Breach of warranty typically requires some type of contractual agreement between two parties that one will provide goods to the other party without any defects, and if they do so, then the other party cannot refuse them as they have breached their own promise not to do so. Strict liability means that even if you were acting reasonably at all times and did everything you could in order to avoid this situation occurring, but yet something went wrong regardless of your efforts, then there is a chance that you might be held liable for the harm. As of now, Philips is working hard to ensure that patients are not affected by the foam and chemical emissions. It is a company dedicated to creating the best possible products for its customers and patients alike. It is committed to answering any questions that arise with regards to their safety. With reports of an effect on health from these devices, Philips remains vigilant in monitoring all information they receive about the risks.
Is this the first time a recall has taken place?
The detailed history of product recalls there is a lesson in the importance of safety and the dangers that exist when things are not done right. Product recalls are not uncommon and have been around for centuries. In recent years, Toyota has recalled over 2 million cars worldwide after discovering defects on accelerator pedal mechanisms which caused sudden acceleration incidents involving six fatal accidents.
A product recall does not necessarily show that the company is doing something wrong at their end; it could simply mean they found an issue with one of their products and wanted to make sure consumers were aware, so nobody got hurt due to this mistake. But many people have alleged that Philips failed to adequately warn about the long-term side effects of exposure to CPAP machines. They also failed to replace recalled models with safer ones immediately and put profits before consumers’ safety. Phillips Respironics is accused of hiding or failing to warn the public about the toxic particles and chemicals released by the harmful sound abatement foam found in their CPAP machines that have been linked to negative health effects.
Find Out If You Have a Case Now
Schedule a no-cost, confidential legal consultation with one of our qualified lawyers at Heninger Garrison Davis to determine what options are available for compensation from the Philips Respironics CPAP machine manufacturer, Philips. You can have the peace of mind that if we don’t win, there will be no costs for you, so please call today at (866) 970-0568.