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An Update on the Ongoing CPAP Litigation

Litigation

CPAP, which stands for continuous positive airway pressure device, and BiPAP, which stands for a bilevel positive airway pressure device, are used to treat breathing issues throughout the night, such as sleep apnea. The machine is designed to force pressurized air into the mouth and or nose of the recipient, allowing for an improved passageway for oxygen. 

 

Injury

The Phillips brand CPAP defect came to light on June 2021, when a number of CPAP, BiPAP, and other ventilator devices were recalled due to a polyester-based polyurethane sound abatement foam that releases dangerous and carcinogenic toxins into the air pathway. The two types of injuries for a viable CPAP Litigation occur through inhalation or ingestion.

 

Qualifying injuries may include: any type of 1) kidney failure or cancer; 2) Nose, throat, or sinus inflammation; 3) Respiratory failure; 4) Any cancer of the oral or nasal cavities, including thyroid or lung cancer and lymphoma.

 

A “signature injury” has not yet been readily identified due to the vast array of inflammations the devices can cause.

 

Science

The two types of particles that have been found to be harmful in the CPAP machines are known as TDI, toluene diisocyanate, and DEG, diethlyne glycol. Each of these particles has been proven through scientific studies to cause respiratory tract inflammation, organ damage, and cancer.

 

Consolidation

Most recently, the CPAP’s litigation was consolidated into the Western District of Pennsylvania. The judge presiding over the multidistrict litigation is the Honorable Joy Flowers Conti.

 

Evidence

The type of evidence that will be needed by the litigant and plaintiff will be the actual CPAP machine itself. Thus, a potential plaintiff should hold on to the CPAP machine even if they have replaced it with a newer model.

 

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