If you have used a Philips BiLevel CPAP, Philips CPAP machine, or a qualifying Philips ventilator and consequently developed lung cancer or experienced other conditions, you may be entitled to file a lawsuit and to collect compensation for the damages you have suffered.
Not everyone will qualify for a lawsuit. Those who have used a Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), or mechanical ventilator and were later diagnosed with lung cancer, you could be entitled to financial compensation. For more information on whether you may qualify for a lawsuit, call Gersowitz Libo & Korek Law Firm at 646-859-1466.
Dutch medical equipment company, Philips, has issued a recall of certain CPAP ventilators due to foam material that could degrade and become toxic, potentially causing cancer. Breathing devices impacted include Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices. Over 4 million devices could be affected by the recall.
The potential issue was first identified by the company in April 2021, but did not issue the voluntary recall until June, raising questions about why they waited so long to take action. Philips acknowledged then that the PE-PUR foam used in certain devices could degrade into small particles, which could enter the device’s air pathway and be ingested or inhaled by the user. The foam could also off-gas certain chemicals. They also announce that the degradation could be exacerbated by the use of unapproved cleaning methods and by high heat and humidity environments.
If you’re currently using one of the CPAP or Bi-Level PAP machines for problems with sleep apnea, Philips urges you to immediately stop the use. However, following discontinuation, you should speak to your medical professional about an alternative treatment. If you’re currently using a mechanical ventilator, do not stop the use. Instead, speak to your medical professional about an alternate option.
Company spokesman Steve Klink said about 80 percent of the affected devices are machines used to help people who suffer from sleep apnea, known as Continuous Positive Airway Pressure (CPAP) machines. Sleep apnea is a sleeping disorder in which breathing constantly stops and starts, adversely affecting sleep and potentially causing other serious health issues. Philips is one of the most popular manufacturers of CPAPs. Users in the United States account for nearly two-thirds of Philips CPAP machine sales. In their recall, Philips advised users of their affected CPAP machines to immediately halt use of the device.
The other 20 percent of affected devices are ventilators. A ventilator is a machine that breathes for you when you can’t breathe on your own. It pumps oxygen into your body through a tube that goes in your mouth and down your windpipe. The company is recommending that doctors and patients using life-sustaining ventilators should first consider whether the potential danger from the foam outweighs other risks.
Frans van Houten, CEO of Philips made a statement, in which he said, “In consultation with the relevant regulatory agencies and in close collaboration with out customers and partners, we are working hard towards a resolution, which includes the deployment of the updated instructions for use and a comprehensive repair and replacement for the affected devices.”
The potential side effects of the degraded foam exposure are not limited to cancer and may also include:
At the time of its announcement, Philip had not received any reports of death connected to the sound abatement foam or any reports of impact from chemical emissions.
CPAP lawsuits can include anyone who has suffered side effects of using the recalled CPAP machines. If you or a loved one has been using this machine and were recently diagnosed with lung cancer or other serious side effects, we’re here to help.
Damages in a successful CPAP lawsuit may include:
Who Qualifies For a CPAP Lawsuit Against Philips?”
Those who do not qualify for a CPAP lawsuit include:
If you believe you have suffered any of the mentioned conditions as a result of using a Philips CPAP machine or ventilator, it is imperative that you contact an attorney as soon as possible. A seasoned products liability attorney can review your case and help figure out the best legal course of action going forward.
Contact Gersowitz Libo & Korek today at 646-859-1466 to see if you or a loved one qualifies for a CPAP lawsuit. We’ve dealt with many of these case types and are here to ensure you get the money you deserve.