The Basis for the CPAP Lawsuit
The Phillips Respironics recall and subsequent CPAP lung cancer lawsuit has to do with the outgassing of toxic chemicals. The CPAP, BiPAP, and ventilator devices listed in the recall contain a sound abatement foam made from polyester-based polyurethane (PE-PUR). This foam is designed to minimize the vibration and subsequent noise generated by machines when they’re running, ostensibly to avoid sleep interruption.
Unfortunately, the PE-PUR foam in affected devices has been found to be defective in two potential ways. First, it could release chemicals into the air pathway of the apparatus, which will then be inhaled by the user. The foam may also begin to break down, releasing larger particulates into the device’s air pathway that could then be inhaled or swallowed by the user. In some cases, users have reported finding black debris within hoses.
According to Phillips, exposure to high heat and/or humidity could speed the foam degradation. The use of certain unapproved cleaning methods, particularly ozone, could also result in foam degradation.
It’s possible that not every recalled device has these defects, but it’s best to visit your doctor for a check-up. If you have experienced known symptoms of PE-PUR chemical outgassing or breakdown or have a device that was recalled, don’t hesitate to contact the experienced attorneys at The Ruth Law Team to find out whether you’re eligible to seek compensation.