Statistics suggest that as many as 38,000 people each year die from complications related to obstructive sleep apnea. What you might not expect is that the CPAP machine designed to save your life could end up causing you harm. However, it appears that may be happening with a range of medical devices sold by Phillips. As a result, there has been a recall of several Phillips devices, resulting in the potential for a CPAP lawsuit.

The Ruth Law Team is ready to help you fight for justice. If you’re one of the many people who have experienced health concerns related to the Phillips recall, contact us today at (888) 783-8378.

FDA UPDATE:

On July 22, 2021, The Food and Drug Administration changed the classification of the Philips’ recall to a Class 1, the most serious type of recall, indicating these devices may cause serious injury or death.

 

Phillips Breathing Machine Recall

Following the emergence of a range of health complaints, MedTech company Phillips has issued a recall for several Respironics ventilators, including CPAP machines, bi-level positive airway pressure (BiPAP) machines, and mechanical ventilators.

The recall list includes the following CPAP and BiPAP machines:

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • E30 (emergency use authorization)

Continuous Ventilator, Non-Life Supporting

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+

Noncontinuous Ventilator

  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

The recall also specifies the following ventilators:

Continuous Ventilator

  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LiveVent

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • A-Series BiPAP Hybrid A30 (not marketed in the U.S.)
  • A-Series BiPAP V30 Auto

Continuous Ventilator, Non-life Supporting

  • A-Series BiPAP A40
  • A-Series BiPAP A30

If you use or have used any of the machines cited on the recall list, you should speak to your doctor immediately. Then, contact The Ruth Law Team to find out if you might be eligible to join a class-action lawsuit against Phillips.

Speak to an Attorney About Your Case TODAY!

Symptoms Related to the CPAP Lawsuit

Notification of the Phillips Respironics defects was first released in April of 2021, followed by the recall in June. 

The company is estimating that as many as 3-4 million devices sold before April of 2021, the majority of which are DreamStation models, may be subject to flaws that carry a significant risk of lung injury, along with subsequent health concerns. 

Potential symptoms, illnesses, and injuries related to these devices could include: 

  • Headache
  • Dizziness
  • Nausea/vomiting
  • Irritation to the nose, eyes, and skin
  • Upper airway irritation
  • Airway inflammation
  • Coughing
  • Difficulty breathing
  • Sinus infection
  • Chest pressure
  • Lung damage
  • Pneumonia
  • The onset of asthma or worsening asthma
  • Respiratory failure
  • Lung cancer
  • Heart attack
  • Stroke
  • Liver disease
  • Liver cancer
  • Kidney disease
  • Kidney cancer
  • Colon cancer

To date, no deaths have been linked to the use of recalled Phillips Respironics devices. However, if you’ve used one of the Phillips CPAP, BiPAP, or ventilator devices listed above, you’ve experienced any of these symptoms, and/or you suspect you may have suffered a lung injury or other illness related to the use of recalled devices, your first step should be to consult with your doctor.

You may need medical diagnosis and care. A trusted medical professional can help you to determine whether you should immediately stop using your Phillips device or wait until you have a suitable replacement. Your doctor may also be able to recommend an alternative device if one exists.

From there, you’ll want to contact the qualified and caring professionals at The Ruth Law Team. With over 40 years of experience fighting for settlements in cases like yours, we can guide and support you through the process of seeking compensation.

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. 

How the Experienced Professionals at The Ruth Law Team Can Help

For over 40 years, the compassionate legal professionals at The Ruth Law Team have offered comprehensive legal services to clients like you. We understand how difficult it can be to pursue a lawsuit when you’re ill or injured, which is why we aggressively seek justice on your behalf and go out of our way to make your life easier in the process. 

We’re available 24/7 to address your questions and concerns. We’re happy to come to you wherever you are – at home, in the hospital, or elsewhere. We work on contingency. As a result, you don’t pay a dime upfront. If we don’t win or settle your case, we don’t get paid.

Contact Our Personal Injury Law Team Today!

If you’ve suffered illness or injury related to the use of a Phillips CPAP, BiPAP, or ventilator device, it’s time to contact The Ruth Law Team to find out whether you’re eligible to file a CPAP lung cancer lawsuit to seek fair compensation.

Call us today at (888) 783-8378 or contact us online to schedule a free, no-obligation consultation to learn more about what we can do for you.

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