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Philips CPAP Recall Lawsuits

 

UPDATE: On October 8, 2021, the Judicial Panel on Multidistrict Litigation ruled to transfer 110 federal civil action(s) to the United States District Court for the Western District of Pennsylvania for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407 since the action(s) involved common questions of fact. All actions have been assigned to the Honorable Joy Flowers Conti, who is located in Pittsburgh, to oversee the litigation and the case is entitled IN RE: PHILIPS RECALLED CPAP, BI-LEVEL PAP, AND MECHANICAL VENTILATOR PRODUCTS LIABILITY LITIGATION. While pretrial proceedings and the discovery process will be streamlined through the MDL, each lawsuit will still be tried on its own.

Origin of Philips CPAP Recall Lawsuits

On June 14, 2021, Philips Respironics recalled certain mechanical ventilators, BiPAP, and CPAP machines because of potential carcinogen and toxic chemical exposure leading to potential health risks, including cancer.  People who suffered cancer, lung problems or other injuries after using a recalled Philips machine may be eligible to file a Philips CPAP lawsuit for potential compensation.

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Which Philips Respironics Products Are Affected?

Different models of a variety of Philips’ sleep and respiratory care devices have been affected by the recent product recall, particularly:

Bi-level Positive Airway Pressure (Bi-level PAP or BiPAP) Devices

Continuous Positive Airway Pressure (CPAP) Machines

Mechanical Ventilators

Of the estimated 3-4 million recalled Philips devices, roughly 80% of the affected products are CPAP machines, particularly those in the first generation of DreamStation machines.

Philips Respironics mechanical ventilators, BiPAP, and CPAP machines affected by the recall include:

  • A-Series BiPAP A30® and Hybrid A30®
  • A-Series BiPAP A40®
  • A-Series BiPAP V30 Auto®
  • C-Series ASV®
  • C-Series S/T® and AVAPS®
  • Dorma 400®
  • Dorma 500®
  • DreamStation®
  • DreamStation ASV®
  • DreamStation Go®
  • DreamStation ST® and AVAPS®
  • E30®
  • Garbin Plus®, Aeris®, LifeVent®
  • OmniLab Advanced+®
  • REMstar SE Auto®
  • SystemOne ASV4®
  • SystemOne (Q-Series)®
  • Trilogy 100®
  • Trilogy 200®

Why Are People Filing Philips CPAP Lawsuits?

People are filing Philips CPAP lawsuits because the polyester-based polyurethane (PE-PUR) sound abatement foam in recalled Philips CPAP, BiPAP and ventilator devices were found to: degrade and break down into black particles that can enter the device’s airpath and be swallowed by the user; and expose the user to dangerous and potentially carcinogenic chemicals that can then be inhaled, which may cause cancer and serious respiratory problems. Individual injury lawsuits claim Philips manufactured defective devices but didn’t warn the public of the risk or serious injuries.

On September 1, 2021, the CPAP device maker announced that it would repair or replace recalled devices, but it may take a year to complete the process. On November 12, 2021, an FDA CPAP recall update found the new foam being placed in replacement machines may also pose a safety risk. The agency’s inspection report also revealed that Philips knew as far back as 2015 that PE-PUR foam in its breathing machines could degrade.

 

Injuries Named in CPAP Lawsuits

Degraded sound abatement foam can cause a wide variety of health problems, and lawsuits claim Philips’ CPAP may cause cancer and organ damage. Philips had received reports of headaches, airway irritation, chest pressure, cough and sinus infection and other potential health risks include “serious injury which can be life-threatening or cause permanent impairment.”

Contact Brindisi, Murad, Brindisi & Pearlman if you have suffered any of the following injuries after using a recalled Philips device:

  • Acute Respiratory Distress System (ARDS)
  • Bladder Cancer
  • Brain Cancer
  • Breast Cancer
  • Chemical Poisoning
  • Heart Attack
  • Heart Failure
  • Hematopoietic Cancer
  • Kidney Cancer
  • Kidney/Renal Damage
  • Kidney/Renal Disease
  • Leukemia
  • Liver Cancer
  • Liver Damage
  • Liver Disease
  • Lung Cancer
  • Lung Damage
  • Lung Disease
  • Lymphatic Cancer
  • Multiple Myeloma
  • Nasal Cancer
  • Non-Hodgkin Lymphoma
  • Papillary Carcinoma
  • Pleural Effusion
  • Prostate Cancer
  • Reactive Airway Disease (RAD)
  • Rectal Cancer
  • Respiratory Failure
  • Severe Ear Inflammation
  • Severe Nose Inflammation
  • Severe Throat Inflammation
  • Stomach Cancer
  • Testicular Cancer
  • Thyroid Cancer
  • Acute Respiratory Distress System (ARDS)
  • Bladder Cancer
  • Brain Cancer
  • Breast Cancer
  • Chemical Poisoning
  • Heart Attack
  • Heart Failure
  • Hematopoietic Cancer
  • Kidney Cancer
  • Kidney/Renal Damage
  • Kidney/Renal Disease
  • Leukemia
  • Liver Cancer
  • Liver Damage
  • Liver Disease
  • Lung Cancer
  • Lung Damage
  • Lung Disease
  • Lymphatic Cancer
  • Multiple Myeloma
  • Nasal Cancer
  • Non-Hodgkin Lymphoma
  • Papillary Carcinoma
  • Pleural Effusion
  • Prostate Cancer
  • Reactive Airway Disease (RAD)
  • Rectal Cancer
  • Respiratory Failure
  • Severe Ear Inflammation
  • Severe Nose Inflammation
  • Severe Throat Inflammation
  • Stomach Cancer
  • Testicular Cancer
  • Thyroid Cancer

Why Choose Brindisi, Murad, Brindisi & Pearlman For Your Defective Medical Device Lawsuit?

Serious medical issues caused by defective medical devices can lead to long-term and serious complications or even lead to death. Our attorneys are nationally recognized and experienced in all aspects of serious personal injury litigation, including, defective medical device litigation. Our law firm is located in Central New York and has been serving the Utica NY, Syracuse NY, Watertown NY, Binghamton NY areas for over 60 years. We know first-hand how devastating it can be to lose a loved one or to suffer serious injuries as a result of someone else’s negligence.

We are committed to helping victims receive settlements fast. Our law firm has secured well over $100 million for our clients in verdicts and settlements. The attorneys at Brindisi, Murad, Brindisi & Pearlman are focused on personal injury law and fighting for the rights of injured people. If you have been hurt by a defective medical device, we will fight to help you get the compensation that you deserve.

If You Have Been Injured By Philips Respironics Products

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We stand up for innocent people when they have been injured by a careless individual’s actions. We have over 60 years of experience representing the people of New York State. The partners at Brindisi, Murad, Brindisi & Pearlman know that you are counting on us to help navigate the waters of an unfortunate incident. And we take that responsibility seriously. We fight hard to get you every dollar you deserve to make sure your medical bills are paid, to recover your lost wages and get you compensated for your pain and suffering.

IF YOU’VE BEEN INJURED IN AN ACCIDENT…

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