Have you suffered from breathing problems, cancer or another health problem after using a CPAP or BiPAP machine? You may receive financial compensation by bringing a Philips CPAP lawsuit. A recent recall of Philips products has drawn attention to the harmful health problems that use of the breathing machines may cause. Victims may receive a monetary payment for their suffering.
A CPAP lawsuit is a way that you may receive a monetary judgment after using a CPAP or BiPAP machine. Dangerous components in the design of the breathing machines may cause harm to unsuspecting victims. If you have suffered ill health effects after using a product, you may use the lawsuit process to claim financial compensation.
There are millions of users that may be impacted by defective CPAP, BiPAP and ventilator machines. Manufacturers installed foam to make the machines quieter. However, the foam emits gaseous Volatile Organic Compounds that users breathe in as they operate the machines. Victims who develop serious health problems must initiate a legal claim to receive compensation.
Philips CPAP Lawsuit Attorneys
You have the right to assistance from a CPAP lawsuit attorney to bring your claim for financial compensation. An attorney for CPAP lawsuits represents your interests in the claim process. Because of the scientific evidence needed to explain the dangerous components present in the breaching machines, it’s important to have a legal professional to guide you through the legal process. They are trained to prepare legal documents, craft a tailored legal strategy and aggressively pursue your legal interests.
What is the CPAP lawsuit?
The CPAP lawsuit is a claim brought by a victim because of harmful and toxic substances in CPAP and BiPAP machines and ventilators. Individuals may use the devices for sleep apnea only to find that they unintentionally inhaled degraded foam that contains toxic chemical emissions. A victim may develop serious health complications from the particles and carcinogenic compounds unintentionally inhaled form CPAP machine use.
What CPAP machine is being recalled?
The Philips CPAP machine recall includes a long list of CPAP machines and other ventilator devices that were manufactured prior to April 26, 2021. CPAP and BiPAP devices being recalled include:
- E30 (Emergency Use Authorization)
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced+
- SystemOne (Q-Series)
- DreamStation Go
- Dorma 400
- Dorma 500
- REMstar SE Auto
What Philips ventilators are included in the recall?
In addition to CPAP and BiPAP machines, there are several Philips ventilators that are subject to recall. The ventilators were manufactured prior to April 26, 2021.
- Trilogy 100
- Trilogy 200
- Garbin Plus, Aeris, LifeVent
- A-Series BiPAP Hybrid A30 (not marketed in US)
- A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
If you have a Philips breaching product that was not recently manufactured, it may be subject to recall. Be sure to check what specific product you own to determine if your product is a part of the recall.
What is the legal basis for the CPAP lawsuit?
The legal basis for the CPAP lawsuit is product liability and defective product. The law allows a victim to hold a manufacturer accountable for designing or manufacturing a product that is unreasonably dangerous. Even when the mistakes are unintentional, if they occur because of poor design or steps in the manufacturing process, the errors may be the basis for a CPAP lawsuit.
Is a CPAP lawsuit a civil or criminal case?
A CPAP lawsuit is a civil case. The victim themselves initiates the case. They do not need permission from the government or a third party to file their case in a court. A victim initiates a CPAP lawsuit with the goal of proving that the company committed a legal wrong against them that resulted in physical injuries. The purpose of the claim is for the victim to receive financial compensation because they are a victim of the hazardous chemicals found in the CPAP machine.
What are the health risks associated with Philips CPAP machines?
Health problems that a person may suffer from using a defective CPAP machine include:
- Lung damage
- Irritation to eyes, sinuses and the respiratory track
- Skin inflammation and reactions; allergic reactions
- Asthma, labored breathing
- Cough, phlegm
- Kidney, liver and other organ problems
- Nausea and vomiting
- Respiratory failure or heart attack
- Headache and dizziness
The symptoms that you experience may vary. In addition, what may appear to be minor symptoms may be something much more serious. For the purposes of a lawsuit, it’s important to thoroughly investigate symptoms. You need to know the long-term implications of your health concerns to ensure that your claim is complete for all of your suffering because of use of the CPAP machine.
Why is there a Philips CPAP lawsuit?
When Philips designed their CPAP products, they wanted to make them quieter. After all, people use them to sleep. They thought that installing foam at various points would cut down on sound. Unfortunately, this foam releases harmful particles and carcinogenic chemicals that can cause severe health problems in CPAP users. Victims have brought a lawsuit for financial compensation.
When a person uses a Philips CPAP or BiPAP product, they believe they are doing the right thing to address a health problem. Unfortunately, the design of the CPAP products using foam resulted in a breakdown that releases dangerous toxins into the air. As the person breathes using the device, they breathe in those toxins.
By creating CPAP machines that release toxins into the air, Philips designed, manufactured and sold a dangerous product. They failed to warn users of the potential risks. The CPAP lawsuit is brought by an individual who was harmed by using a CPAP product to receive financial compensation for damages.
What compensation can you receive by bringing a CPAP lawsuit?
Bringing a CPAP lawsuit may result in the following compensation:
- Diagnostic medical bills
- Emergency treatment
- Ongoing medical treatment
- Surgeries, respiratory therapies
- Nursing care and household care
- Pain and suffering
- Mental and emotional anguish
Don’t make the mistake of assuming that your CPAP lawsuit compensation is limited to immediate medical bills. The claim should be a complete treatment of the damages, losses and suffering that you have endured.
Contracting a serious respiratory illness or cancer because of use of a breathing machine is devastating. You may need significant medical interventions and care that you never planned on. The law requires the manufacturer of the defective product to pay the victim for these losses.
How to receive financial compensation for CPAP recall?
Even if you deserve financial compensation for injuries that result from use of a recalled CPAP machine, you must take action in order to receive a payment. The victim must formally assert that they are a victim. They must prove that they used a CPAP machine and that they suffered adverse health reactions as a result. Finally, they must identify their damages in detail.
What is the process of a CPAP lawsuit?
While each case is different, the general process of a CPAP lawsuit may include:
- Investigation to determine the approximate value of the legal claim
- Preliminary gathering of medical evidence to support the claim
- Drafting of legal documents to start the case
- Filing the summons and complaint in the court with jurisdiction
- Responding to the defenses raised by the other party
- Working with experts regarding CPAP machines and ventilators
- Participating in evidence-gathering and the discovery process to narrow the factual issues involved in the claim
- Motioning the court to build up the legal strategy
- Attendance in court for scheduling hearings, conferences and motion practice
- Formal and informal settlement negotiations
- Trial and appeals, if needed
Will my CPAP lawsuit case go to trial?
Most product liability cases like defective CPAP cases do not go to trial. The dangers associated with the use of certain breathing machines are well known. While victims must carefully and diligently prepare the evidence, they have the assistance of the discovery process to demand information and admissions from the defense. An attorney for CPAP lawsuits can assist you with ensuring that your case is thoroughly prepared.
Armed with careful case preparation and a tailored legal strategy, your attorney for CPAP lawsuits can engage in targeted case resolution negotiations. You may work with trained settlement facilitators who guide the process, or the parties may communicate directly. Ultimately, you have the right to have a trial on the merits of the case. If you choose to take your case to trial, your attorney presents the evidence and the arguments to the jury. However, your attorney can work with you to understand and pursue your litigation goals. Most claims include a balance of goals like maximizing financial compensation and resolving the case within a reasonable amount of time.
Consultation with an attorney about a CPAP lawsuit
If you have been harmed by using a CPAP machine, don’t wait to contact an attorney for consultation. There are time deadlines that apply to defective product personal injury cases including CPAP cases. Your attorney can help you investigate and evaluate what has happened to you. When you need help because of debilitating health problems, your attorney is there to advocate for your rights in the legal system.
Contact us today for your consultation about your CPAP, BiPAP or ventilator legal claim.