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CPAP Litigation Update

Introduction
Continuous positive air pressure treatment (CPAP) is a machine used to treat obstructive sleep apnea. These machines treat breathing issues during the night by pushing oxygenated air into the mouth or nose of the user, which then allows for improvement in their breathing.

One of the leading manufacturers of CPAP devices is Phillips Respironics. In 2021, Phillips recalled their CPAP machines due to a degraded PE-PUR foam that released black particles and toxic gasses that their CPAP users may inhale or swallow. The recall impacted about 5.2 million CPAP devices worldwide. Internal Reports also indicated that Phillips was aware of the possibility that the PE-PUR foam might degrade in 2015 and opted not to do anything about it. Injuries from inhalation or ingestion of the particles include kidney failure or cancer, nose or throat symptoms, respiratory failure, and lung cancer or failure .

Phillips Update On Chemical Gases
In June of 2022, Phillips released an update on its PE-PUR foam testing stating that the levels of the chemical gasses released by the foams were not supposed to cause problems and shifted blame toward the ozone cleaners . The FDA still is targeting Phillips as the primary source of the issues caused by the CPAP machines due to them directly manufacturing the machine .

CPAP MDL Update
CPAP cases in the federal courts were centralized into multidistrict litigation in the Western District of Pennsylvania. As of June 15, 2022, there are currently 303 cases in the MDL docket . This number is expected to increase as more Phillips CPAP users develop health conditions from inhalation or ingestion of these dangerous chemicals.

Michael Brady Lynch Firm
Here at the Michael Brady Lynch Firm, we litigate in multi-district litigation. We have been handling CPAP cases since they first came on to the scene last year. Please give us a call if you or a loved one have been injured at 888-585-5970.

Sources:
https://www.fda.gov/medical-devices/safety-communications/certain-philips-respironics-ventilators-bipap-and-cpap-machines-recalled-due-potential-health-risks
https://www.drugwatch.com/philips-cpap/lawsuits/
https://www.reuters.com/legal/litigation/lead-counsel-appointed-philips-cpap-mdl-2022-02-16/
https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_MDL_Type-Jun-15-2022.pdf

Date: July 8, 2022

Author: Brandon Salter, Esq.

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