Philips CPAP Recall Lawsuit: Case Background
On June 14, 2021, Philips Respironics issued a voluntary medical device recall for its CPAP devices, BiPAP devices, and mechanical ventilators, all produced between 2009 and 2021.
The recall is due to two issues related to the polyester-based polyurethane (PE-PUR) sound abatement foam used in Philips Continuous and NonContinuous Ventilators. First, the PE-PUR foam may degrade into particles that may enter the device’s air pathway and be ingested or inhaled. Second, the PE-PUR foam may emit certain harmful chemicals that could be inhaled.
Hazardous PE-PUR Foam
The PE-PUR foam is generally not harmful if it remains intact. However, if the foam breaks down, it can release particles and chemical gases, which can be detrimental to someone using the device. The foam’s breakdown may result in particles and chemicals released into the device’s air pathway, which the user may inhale or swallow. Even if there are no visible particles, the foam could be releasing harmful chemicals, which are then inhaled.
Research and testing indicate PE-PUR foam is easily broken down by heat, sunlight, moisture, humidity, microbial, fungal attack, and even oxygen. So if your machine was exposed to high humidity or temperatures, you are at greater risk. It has also been shown that breakdown is more likely in more than three years old devices.
Conditions & Injuries Related to CPAP Machines
The following health risks and illnesses have been identified from PE-PUR foam inhalation or ingestion:
- Acute Respiratory Distress System (ARDS)
- Chemical poisoning
- Heart Attack
- Heart Failure
- Hematopoietic Cancer
- Kidney Cancer
- Kidney/Renal Damage or Failure
- Liver Cancer
- Liver Failure
- Lung Cancer
- Lung Disease or Sarcoidosis
- Lymphatic Cancer
- Multiple Myeloma
- Nasal Cancer
- Non-Hodgkin Lymphoma
- Pleural Effusion
- Prostate Cancer
- Reactive Airway Disease (RAD)
- Respiratory Failure
- Stomach Cancer
- Throat Cancer
- Thyroid Cancer
Recalled CPAP Sleep Apnea Machines
Sleep Apnea is a common medical condition where breathing becomes shallow or temporarily stopped during sleep. This can cause various health problems, including headaches, fatigue, hypertension, heart attack, and stroke.
Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) therapies are the standard treatment for sleep apnea. In both s, a machine delivers positive airflow through a mask over the nose and mouth. This creates enough pressure to prevent the person’s airway from collapsing at night.
While CPAP and BiPAP machines and ventilators generally work as intended, Philips’s main line of devices, sold under the “Dreamstation” brand, used the above-mentioned and potentially hazardous PE-PUR foam to damper the accompanying sounds of the machine and includes the following models:
- C Series S/T, AVAPS
- Dorma 400, 500 CPAP, Auto CPAP
- DreamStation ASV
- DreamStation CPAP, Auto CPAP, BiPAP
- DreamStation GO CPAP, APAP, Auto CPAP
- DreamStation ST, AVAPS
- OmniLab Advanced Plus
- REMstar SE Auto
- System One 50 series
- System One 60 series
- SystemOne ASV4
- SystemOne (Q-Series)
- A-Series BiPAP A30
- A-Series BiPAP A40
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto Ventilator
- Garbin Plus, Aeris, LifeVent Ventilator
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
Philips CPAP Lawsuit: Current Status
Unsurprisingly, several lawsuits have already been filed due to the well-known health risks associated with PE-PUR and Philips’ apparent knowledge of adverse effects and its failure to warn users.
Recently and due to their similarity, the Judicial Panel on Multidistrict Litigation (JPML) ruled to consolidate 110 federal lawsuits against Philips into multidistrict litigation (MDL), with the Western District of Pennsylvania selected to host the pretrial proceedings for the products liability cases named in the motion to consolidate.
The benefit of multidistrict litigation is that it streamlines the premotion and discovery process. However, in MDLs, each lawsuit is litigated on its own.
Possible CPAP Compensation
You might be able to recover damages for your losses and injuries. Whether through a verdict or settlement, you may be entitled to your:
- Past and future medical costs
- Lost wages
- Loss of earning capacity
- Loss of consortium (spousal relationship)
In a free, no-risk, no-obligation consultation, let us help you determine what damages you are eligible for.
Don’t let large companies or manufacturers take advantage of you or let them off the hook if a dangerous product was put on the market. Atlee Hall will make sure you get what you deserve, and the right party is held accountable.
Contact Atlee Hall Today
Contact an attorney right away if you suffered injury or were diagnosed with a severe health condition after using a Philips CPAP and BiPAP machine. You deserve to know your rights and the opportunity to be made financially whole for the harm done to you.