In June 2021, Philips Respironics recalled over 15 million CPAP and BiPAP sleep apnea machines and ventilators when dangerous and carcinogenic debris was discovered in the PE-PUR sound abatement foam Phillips used to minimize noise in the machines. When this foam disintegrates, it releases toxic chemicals into the air, which the user then inhales. Exposure to these toxins is linked to numerous cancers and lung and respiratory diseases.
If you or a loved one used a Philips Respironics CPAP or BiPAP sleep apnea machine or ventilator and developed cancer or a respiratory illness, you may be able to join the fast-growing Philips CPAP Recall multidistrict litigation (MDL). This nationwide CPAP lawsuit allows consumers harmed by these defective products to request compensation for their injuries and losses. MDLs involve numerous plaintiffs and can be extremely complex. Hiring an experienced CPAP lawyer to handle your CPAP claim significantly increases your chances of securing just compensation.
Why are People Filing CPAP Lawsuits?
You'd think that the minute a medical device company discovers a defect with a product that puts millions of customers at risk, it would waste no time issuing a recall. But Philips Respironics was too focused on its profits to care about its customers' health. An investigation revealed that an internal email from 2015 discussed the possibility of the sound abatement foam degrading. Tests showed that the gases released degradation into the breathing tubes of these machines were cancer-causing. Yet, Philips Respironics did nothing.
Six years later, in April 2021, the company disclosed that it had received consumer complaints about the presence of black debris in the airway of the company’s CPAP and BiPAP machines, along with reports of headaches, upper airway irritation, cough, sinus infections, and chest pressure in users of the devices. It took another seven weeks for Philips Respironics to issue the recall.
At last count, the Food and Drug Administration (FDA) has received more than 105,000 medical device reports regarding the defective CPAP and BiPAP machines, including 385 deaths likely associated with the PE-PUR foam breakdown.
People who were sicked by or lost loved ones due to these defective sleep apnea devices are seeking to hold Philips Respironics accountable by joining the national CPAP lawsuit.
What Compensation is Available in a CPAP Lawsuit?
The actual compensation available in a CPAP lawsuit can vary based on several factors, including the specific details of your case, the extent of your injuries, and the applicable laws in your jurisdiction. Here are some types of compensation that individuals may seek in CPAP-related lawsuits:
- Medical Expenses: This includes reimbursement for any medical treatment, hospitalization, medication, and therapy related to the lung disease caused by the defective CPAP machine.
- Lost Wages: If your CPAP-related health issues caused you to miss work or affected your ability to earn income, you may be entitled to compensation for lost wages and potential future lost earning capacity..
- Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish resulting from the illness may be sought.
- Loss of Consortium: In cases involving severe injuries, compensation may be sought for the loss of companionship, support, and services of a spouse.
How Can a CPAP Lawyer Help Me with My CPAP Claim?
A mass tort lawyer can assist you in with your CPAP lawsuit in the following ways:
Case Evaluation
A lawyer experienced in MDL cases will evaluate the merits of your individual case to determine if it fits within the scope of the MDL and if your claims are eligible for consolidation.
Filing Your Lawsuit
Your lawyer will file your individual CPAP lawsuit and handle all the necessary paperwork, ensuring it meets the requirements for inclusion in the MDL.
Coordinating with MDL Leadership
In an MDL, one or more judges oversee the pretrial proceedings. Your lawyer will work with the leadership of the MDL to represent your interests, participate in hearings, and contribute to the overall case strategy.
Discovery and Investigation
Your lawyer will engage in the discovery process, which involves gathering evidence, interviewing witnesses, and reviewing relevant documents to build a strong case on your behalf.
Negotiation and Settlement
During the pretrial phase, your lawyer may engage in settlement negotiations with the defendant or their representatives. They will work to secure a fair and just settlement that compensates you for your damages.
Trial Preparation
If a settlement is not reached, your lawyer will prepare your case for trial. They will develop a trial strategy, identify and prepare witnesses, and present evidence to support your claims effectively.
Representing Your Interests
Your lawyer will advocate for your rights and interests throughout the entire MDL process, ensuring that your voice is heard and that you have a fair chance to seek compensation for your damages.
Individualized Approach
While MDL consolidates cases for pretrial proceedings, each case remains individual. Your lawyer will tailor their representation to your specific circumstances, ensuring that your unique losses and damages are considered.
Keeping You Informed
Your lawyer will keep you updated on the progress of the MDL, any settlement offers, and your options moving forward. They will answer your questions and provide guidance as needed.
Contact an Experienced CPAP Lawyer Today
If you are considering filing a CPAP lawsuit, it's important to hire an attorney with experience in handling complex litigation and MDL cases. These types of cases can be intricate and time-consuming, so having a knowledgeable and dedicated lawyer by your side can significantly improve your chances of obtaining a favorable outcome in the MDL.
Our lawyers have years of experience helping people like you recover compensation for your losses. Contact our law firm today at 866-467-0943 or complete our online contact form for a free consultation, and let’s discuss your case.