Disclaimer: Note that the firm is no longer accepting cases for the anti-psychotic medication Abilify or Tylenol autism cases. Thank you.
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Defective CPAP Device Litigation

Continuous positive air pressure treatment, commonly known as CPAP, is an effective and widely used medical treatment for obstructive sleep apnea. A leading manufacturer of CPAP medical devices is Philips Respironics, which began producing CPAP machines in 1976. In April 2021, Philips Respironics acknowledged severe health risks associated with CPAP devices. However, a recall was not announced until June 2021. In July 2021, the Food and Drug Administration classified the Philips CPAP defect as a Class 1 recall, the most severe type of recall for potentially life-threatening products.

Adverse Health Risks from Exposure to CPAP have been linked to:

  • Lung Cancer
  • Esophageal Cancer
  • Liver Cancer
  • Bladder Cancer
  • Brain Cancer
  • Non-Hodgkin’s Lymphoma
  • Multiple Myeloma
  • Intestinal Cancer
  • Kidney Cancer
  • Liver and Kidney Failure
  • Acute Respiratory Distress Syndrome (ARDS)
  • Cardiac and Pulmonary Failure
  • Chemical Burns of the Lungs
  • Asthma
  • Heart Attack 

History of CPAP Litigation

On June 14, 2021, Philips Respironics announced a recall for over 3.4 million CPAP machines sold before April 2021. The units were designed with a polyester-based polyurethane foam (PE-PUR) that degrades and produces toxic, potentially carcinogenic dust and gases. Even low dose exposure to these chemicals causes toxic effects to the organs as they filter through the body.

The basis of CPAP litigation is that the units have a design defect that endangered the patients’ health. The lawsuits allege that Philips failed to warn consumers about the risks of using their product, even though their internal testing as far back as 2015 showed the degradation of the PE PUR foam was toxic and potentially carcinogenic to consumers. Due to the many proposed class-action lawsuits filed against Philips, the Judicial Panel of Multidistrict Litigation ruled on October 8, 2021, to consolidate more than 100 lawsuits against Philips for recalled CPAP devices.

Important Criteria to Consider for CPAP Claims:

  • Did the plaintiff use one of the Philips defective devices?
  • Which Philips sleep apnea machine did the plaintiff use?
  • Did the plaintiff keep the CPAP device?
  • What are the plaintiff’s symptoms?
  • Was the plaintiff diagnosed with a particular type of cancer, organ damage, or other injury associated with the defective device?
  • What are the plaintiff’s pre-existing conditions?

Statute of Limitations

In February 2022, the judge approved a tolling agreement in the Philips CPAP Multidistrict Litigation case. A tolling agreement suspends the statute of limitations. Prospective plaintiffs can preserve their right to file suit against Philips even after the statute of limitations while deciding whether to pursue a claim for personal injuries.

The Michael Brady Lynch Firm is Dedicated to Justice

If you or a loved one is diagnosed with a qualifying condition associated with using a CPAP device, you may be eligible for compensation. Our complex litigation trial firm represents clients nationwide. For the past twenty-five years, Attorney Michael Brady Lynch has been a passionate advocate for victims of defective medical devices and the pharmaceutical industry, holding them accountable for negligent or purposeful harm to consumers. He is widely regarded as one of the most dynamic trial attorneys in the country.

Contact The Michael Brady Lynch Firm at (888) 585-5970 for a no-obligation case review with a caring trial lawyer who will represent your interests.

Sources:

U.S. Food and Drug Administration, “Certain Philips Respironics Ventilators, BiPAP, and CPAP Machines Recalled Due to Potential Health Risks: FDA Safety Communication, November 12, 2021, accessed February 13, 2022, https://www.fda.gov/medical-devices/safety-communications/certain-philips-respironics-ventilators-bipap-and-cpap-machines-recalled-due-potential-health-risks

U.S. Food and Drug Administration, “What is a Medical Device Recall?” September 26, 2018, accessed February 13, 2022

https://www.fda.gov/medical-devices/medical-device-recalls/what-medical-device-recall

Michelle Llamas, “Why Are People Filing Philips CPAP Lawsuits” Drugwatch.com, accessed February 13, 2022, https://www.drugwatch.com/philips-cpap/lawsuits/

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