CPAP & Sleep Apnea Machine Lawsuit
Patients who suffer from sleep apnea are often prescribed Continuous Positive Airway Pressure machines to use while they sleep. These machines are designed to help people sleep better and without interruptions. However, research has determined that CPAP and sleep apnea machines may be causing harm to their users. In June 2021, a class-action lawsuit was filed against Philips in Massachusetts after people began suffering negative health effects as a result of using their products.
If you have used a CPAP or sleep apnea machine, and you suffered adverse health issues, contact our Tampa mass tort lawyers at Rebein Brothers as soon as possible. Our Tampa mass tort attorneys are available to discuss your case and the legal options available for you.
What Does a CPAP Sleep Apnea Machine Do?
People with sleep apnea use CPAP machines provided to help them breathe easier during sleep. Although these machines are designed to help sufferers of sleep apnea, they have been shown to have negative impacts on the health of users.
The machines provided to patients have been found to generate toxic foam, which was caused by a defect in the machine. Ingesting the harmful foam led to users developing cancer. Some users experienced severe headaches, coughing, chest pressure, sinus infections, upper airway irritations, asthma, nausea, vomiting, damage to the liver and kidneys, and worsening breathing problems.
What is the Lawsuit Based on?
Philips knew about the toxic foam and was aware of the severe health issues it was having on users for years. However, it was not until April 2021 that the company issued a warning to the public concerning this issue. Another two months passed before the company issued a recall of the devices on June 14, 2021.
The lawsuit that was filed against Philips regarding the problems with their CPAP machine is based on two violations. The first issue is the design defect within the machine.
Several people filing claims against Philips allege that the company knew that they were offering a dangerous and defective product. Albeit, the company failed to address the issue and continued providing the devices for users. The foam they used in the devices was so toxic to users when it degrades that it can cause cancer in patients.
The second violation was that Philips failed to warn users that the medical devices they were supplying were dangerous and that they failed to warn the public as soon as they became aware of the issue. Once Philips issued a recall on the product, they offered a replacement machine for users–which customers were required to pay for.
If you have been diagnosed with cancer or suffered adverse health consequences as a result of using a CPAP machine, it is crucial that you reach out to our lawyers at Rebein Brothers as soon as possible to discuss the legal options available for you.
What Philips Respironics Products are Affected?
Philips offers various machines for sleep aids to people who suffer from sleep apnea. There were several machines that have been identified to cause harm to users. The machines that are affected by the recent product recall include:
- Mechanical Ventilators
- Continuous Positive Airway Pressure Machines (CPAP)
- Bi-Level Positive Airway Pressure Devices (Bi-Level PAP or BiPAP)
It is estimated that between 3 and 4 million devices with known defects have been offered to patients across the country. Around 80% of the devices that are affected are CPAP machines. The first generation of DreamStation machines is involved in the majority of cases. However, there are many devices that have been found to cause problems. These include:
- REMstar SE Auto®
- SystemOne ASV4® and (Q-Series)®
- Trilogy 100® and 200®
- A-Series BiPAP A40® and V30 Auto®
- A-Series BiPAP A30® and Hybrid A30®
- C-Series ASV®, S/T®, and AVAPS®
- Garbin Aeris®, Plus®, LifeVent®
- OmniLab Advanced+®
- Dorma 400® and 500®
- DreamStation and models ASV®, Go®, ST® and AVAPS®
If you have used any of these machines, and you were diagnosed with cancer or suffer from another ailment due to its use, reach out to our law firm as soon as possible. Our lawyers can meet with you at your earliest convenience to discuss your case. You may be entitled to compensation that you can use to cover the financial burdens you face moving forward.
Recoverable Damages from a CPAP and Sleep Apnea Machine Lawsuit
If you have suffered negative health issues as a result of using a defective CPAP or sleep apnea machine, you may have legal options available to help you recover financial compensation. Our mass tort lawyers at Rebein Brothers are committed to helping you protect your legal rights and maximize the amount of compensation available for your claim. Some of the damages our lawyers will help you recover compensation for include:
- Lost wages from having to take time off work to recover
- Lost earnings for injured parties who are forced out of work indefinitely
- Temporary or permanent disability
- Emotional distress
- Pain and suffering
- Medical expenses
If you have been diagnosed with cancer or suffered another illness related to toxic foam in CPAP and sleep apnea machines, do not hesitate to reach out to our mass tort lawyers as soon as possible. Our Tampa personal injury attorneys are standing by to take your call so we can get started on your case.
We Will Fight to Get You the Justice You Deserve
If you have been diagnosed with cancer or suffered from other adverse effects following the use of CPAP and sleep apnea machines, due to toxic foam, you may have legal options available to help you recover. Our Tampa mass tort attorneys at Rebein Brothers are committed to helping each client we work with get the justice they deserve. Our team has extensive experience with handling some of the most complex claims surrounding mass torts across the nation. We strive to help injured victims hold wrongdoers accountable and get the justice they deserve.
Contact our personal injury lawyers by calling (813) 305-7285 at your earliest convenience. Our team is available to meet with you to discuss your case and the legal options available to help you recover.