Birmingham Philips CPAP Recall Lawyer

You May Be Entitled to Recovery

Philips Respironics released an updated notification and created a new website regarding their recalled breathing products. Various potential health and safety risks involving lung injury have been identified and associated with the products, which are used for breathing assistance and sleep apnea.

Injury risks include lung damage, difficulty breathing, possible carcinoma, and other injuries. Such risks stem from the possibility of inhaling degraded foam from the product, as well as outgassing from toxic chemicals.

Philips may be facing multiple lawsuits from those injured by the machines. If you or a loved one were injured, you may be entitled to significant financial assistance for any losses caused by these devices. Contact Pittman, Dutton, Hellums, Bradley & Mann at (205) 322-8880 for a free, no-obligation consultation to discuss your legal rights and course of action.

man using a machine for his sleep apnea
Philips Respironics has issued a recall of its CPAP sleep apnea machines and various other devices. You may be entitled to recourse under the law if you’ve been injured by one of these products.

How Serious Is the Philips CPAP Recall? What Are the Injury Risks?

The Phillips CPAP recall is being enforced because of serious injury risks. We are taking inquiries from people who have used these Philips devices for more than a year and have suffered symptoms or injuries such as:

  • Difficulty breathing
  • Lung damage
  • Inflammation or irritation of the airways
  • New or progressively worsening asthma
  • Pneumonia
  • Respiratory failure
  • Lung cancer
  • Liver cancer
  • Kidney cancer
  • Colon cancer
  • Heart attack or failure
  • Stroke
  • Liver or kidney disease
  • Various other diseases of the lungs and internal organs

Defective medical devices such as these can cause severe and permanently debilitating injuries. You should seek medical treatment and contact a lawyer if you have experienced any of these injuries after using a Philips CPAP or bilevel PAP machine, or mechanical respirator.

How Much Is the CPAP Lawsuit Worth?

People who have suffered lung injury or other conditions after using a Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), or mechanical ventilator device may be eligible for damages for their losses.

Damages in a lawsuit can cover:

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Costs of medical services and medications

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Lost wages from missing work due to injury

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Loss of the ability to generate income in the future

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Additional medical treatment not covered by insurance

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Pain and suffering costs

Additional damages may be awarded depending on the circumstances of each individual case. For instance, loss of consortium/companionship can be issued in certain cases, and wrongful death damages may be available in cases where the loss of life was caused by the product defect.

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Which Philips CPAP, PAP, and Mechanical Ventilators were Recalled?

The Philips recall applies to millions of sleep ventilator and apnea devices which may increase the risk of respiratory illness and lung injuries.

An estimated 3 to 4 million breathing devices may be affected, most of which are first-generation products sold prior to April 2021. Recalled devices include the following products made between 2009 and April 26, 2021:

Philips respironics infographic
Woman clutching chest experiences shortness of breath.

Issues with Foam Liner May Present Health Risks

The recalled Philips devices are linked to an increased risk of breathing/airway contamination, chemical exposure, and even cancer. The problem mainly appears to be related to sound-abating (noise-reducing) foam which is used in the devices.

Foam Degradation

The foam may degrade into small particles, which can then enter into the devices’ air pathways, where they can be inhaled or swallowed. Injured consumers have reported finding black debris in the breathing tubes of their devices. Contamination may occur within the airpath circuit which extends from the device outlet, humidifier, tubing, and mask.

Risks of exposure from the foam include irritation (skin, eye, and respiratory tract), headache, lung irritation/inflammation, asthma, internal organ damage, cough, chest pressure, sinus infection, various respiratory diseases, and possible carcinogenic risks.

The degradation of the foam may be caused by certain cleaning methods (such as the use of ozone), or exposure to high temperature and high humidity environments. Thus, if you live in a hot, humid region, and used any of the Philips devices mentioned above, you may have been put at risk of injury.

Chemical Off-Gassing Risks

In addition, the foam in the Philips devices may be prone to “off-gas” (emit) chemicals which can be toxic to inhale.  

Potential risks of chemical exposure injury due to off-gassing may include: headache, nausea/vomiting, hypersensitivity, irritation (eye, nose, respiratory tract, skin), as well as possible carcinogenic effects.

Contact a Medical Devices Lawsuit Attorney

Injuries from a Philips sleep apnea machine and other similar devices can disrupt a person’s entire life and that of their loved ones as well. If you or a loved one have suffered injury due to recalled Philips breathing machines, you may need the services of an experienced injury attorney.

At Pittman, Dutton, Hellums, Bradley & Mann, our aim is to help our clients and their families put their lives back on the right track. We give each individual client the personal attention they need and deserve during a difficult time.

Our track record speaks for itself, and our firm has been recognized as a top plaintiff’s firm for Most Prolific Trial Law Firms by the Alabama Jury Verdict Reporter for the past 14 years. Get in touch with us at (205) 322-8880 to begin the process of restoration and recovery for you and your family.

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Outstanding firm!  Extremely pleased with the service, consistency & hard work of the firm as a whole and Michael Bradley as my representative.

Without a doubt, I would recommend anyone who is in need of a personal injury attorney to give Pittman, Dutton, Hellums, Bradley & Mann a call - good people that strive to look after your interests. Thanks for all you have done!

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Frequently Asked Questions

Should I continue using my defective Philips CPAP product?

Patients using affected CPAP and BiLevel PAP devices should discontinue use of recalled devices immediately. They should work with their physician or healthcare provider to determine if there are any alternative treatment options.

Patients using affected life sustaining mechanical ventilator devices should NOT stop or alter their prescribed treatment unless they have spoken with their physician. Alternate ventilator or treatment options may not exist or may be severely limited, so stopping use of the device is not recommended without prior consultation with a medical professional.

Am I entitled to repair or reimbursement for my defective Philips product?

Philips has a program where they will replace the currently affected sound abatement foam with new material. They are also working on projected corrections for future products. If you have been injured, you will likely have sustained losses and costs exceeding the value of the product, and may need to contact an injury lawyer regarding your compensation options.

How long will the CPAP lawsuit take?

There is no set time period for how long a Philips CPAP recall lawsuit might take. As with any injury claim, it can take anywhere from several months to a year or longer to fully resolve the legal issues involved in the injury claims.  

If you’ve sustained any injuries after using any recalled Philips breathing devices, you should seek medical attention and contact a lawyer as soon as possible. There are filing deadlines involved, so you want to make sure you don’t miss the window for filing your claim.

Also, evidence can be more challenging to collect and obtain as time pass

What can a medical device lawyer do to help me?

Cases involving defective medical devices such as the recalled Philips CPAP machines can be complex. They may involve various challenges regarding liability, calculation of damages, and other issues. An injury lawyer can help by:

  • Compiling the facts of the case
  • Gathering evidence for trial
  • Reviewing relevant laws
  • Formulating competitive legal strategies
  • Arguing for the maximum compensation for your case

By hiring an attorney, the burden of preparing for a claim is lifted from your shoulders, and you can focus on healing and recovering. Contact a lawyer at Pittman, Dutton, Hellums, Bradley & Mann by calling (205) 322-8880 for representation for your case.

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