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PHILLIPS® CPAP LAWSUIT

The Legal Department of The US Food and Drug Administration (FDA) issued a notice in July 2021, classifying a Philips® Respironics recall of specific ventilators, BiPAP, and CPAP machines from June 2021 as a Class I recall. This rating indicates that the recalled devices have the potential to cause severe injury or death.

Hughes & Coleman Injury Lawyers examines claims on behalf of clients who have acquired lung damage, cancer, or other ailments due to using the recalled Philips® CPAP machines, BiPAP sleep apnea machines, and Philips® Respironics ventilators.

Our legal team has extensive experience representing Tennessee residents who have been hurt or injured. Our clients’ testimonies show that our tenacious struggle against giant corporations and insurance firms has yielded consistent results for them. The best part is that we don’t get paid unless you do, and your first consultation is free.

YOU CAN SEEK COMPENSATION FOR YOUR CPAP INJURIES

The FDA’s most serious recall classification is Class I. The recalled Philips® CPAP machines may cause various illnesses and health hazards, including lung damage and cancer. You could receive compensation by filing a claim or lawsuit against the manufacturer of these defective devices to recover:

  1. Medical bills resulting from the CPAP machine (past and future)
  2. Wage reduction and lost wages
  3. Pain and suffering
  4. Mental anguish
  5. Emotional stress
  6. Negative impact on future economic potential (future wages and earnings)
  7. Deterioration of quality of life

If you or a loved one has been injured by a recalled Philips® CPAP, you have the right to file a compensation claim. Our lawyers will review your case to determine if you may be entitled to compensation. Contact us right now. Call 800-800-4600 or fill out the online submission with your information, and we will contact you to schedule a free, no-obligation consultation.

  • FREE CASE EVALUATION

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PHILIPS RECALLS THESE DEVICES

The sound abatement foam, which sparked this enormous recall, is said to be used in between three and four million Philips® Respironics devices. Most of the recalled machines are first-generation DreamStation machines manufactured before April 26, 2021. The company sent letters to users with instructions for registering online to have affected devices repaired or replaced. Anyone who didn’t receive a letter should call Philips® at 877-907-7508. You can also register your device(s) on Philips® Respironics’ recall website to stay informed of updates from Philips® Respironics regarding any new instructions or other corrective fixes, which the FDA requires. DreamStation 2 machines are not affected by this recall.

Philips® has recalled the following affected devices, CPAP and Bi-Level PAP devices and ventilators:

Continuous Ventilator, Non-Life Supporting

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus

Non-Continuous Ventilator

  • SystemOne Q series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE AutoCPAP

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • E30 (Under Emergency Use Authorization)

Continuous Ventilator

  • Trilogy 100 Ventilator
  • Trilogy 200 Ventilator
  • Garbin Plus, Aeris, LifeVent Ventilator

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • A-Series BiPAP V30 Auto Ventilator

If you’re not sure if your CPAP machine is covered by the manufacturer’s recall, go to the Philips® website and fill out an online form to find out.

A class-action lawsuit filed in the United States District Court for the District of Massachusetts aims to recoup all losses sustained by consumers due to using Philips® CPAP machines. Philips® must also replace consumers’ devices with free, safe, and functional alternatives according to the action.

MACHINES FOR CPAP AND SLEEP APNEA

Many people with sleep apnea utilized a Philips® Respironics device. Instead of making them better, the device may have made their condition worse and even caused cancer in some instances. Nothing is more disheartening than putting your faith in a piece of medical equipment and a firm that promises to help you, only to have that treatment make things worse.

We want to assist you if you’ve had adverse side effects from your Phillips® sleep apnea machine. For the attorneys at Hughes & Coleman, our primary goal is ensuring that you receive justice and compensation that you are entitled to receive. Our experienced law firm has recovered over 1 billion dollars for our clients throughout the years. Please don’t hesitate to contact us if you have any questions or concerns. For a free case review, contact Hughes & Coleman now.

RECALLED CPAP AND SLEEP APNEA MACHINES HAVE A PROBLEM

Philips® recalled millions of CPAP machines and other sleep apnea equipment due to a significant problem with the machines, which resulted in many users inhaling hazardous foam. The foam degradation caused it to enter into the tube that consumers used to breathe while sleeping. Inhaling this poisonous foam can lead to cancer and other serious health issues. Many users reported headaches, upper airway irritations, coughing, chest pressure, sinus infections, asthma, liver and kidney damage, nausea, vomiting, and increased breathing problems, in addition to cancer, which is plainly severe and utterly unacceptable.

LAWSUITS AGAINST PHILIPS® ARE BASED ON TWO ISSUES

Design Error

People were pursuing lawsuits against Philips® for various reasons, including the fact that the devices they supplied to patients were defective and harmful. The foam they utilized in the device is toxic and could cause cancer when it dissolves.

Failure to Issue Warnings

Philips® not only used highly toxic materials in their medical devices, but they also failed to alert the public as soon as they became aware of the dangers. Users have allegedly been complaining about health problems as a result of the polyurethane foam for years.

Frequently Asked Questions

When a business discovers a flaw in one of its medical devices, the FDA suggests fixing or removing the product from use.

Sleep apnea is a breathing disorder that occurs while a person is sleeping. The person’s breathing repeatedly stops and starts during the night. Sleep apnea is classified into three categories:

Obstructive Sleep Apnea (OSA) occurs when the throat muscles relax, this is the most prevalent type of sleep apnea. When this happens, you don’t get enough air, which causes your blood oxygen level to drop.

Central Sleep Apnea is a type of sleep apnea. When the brain fails to deliver correct signals to the muscles that govern breathing, this type of sleep apnea develops. Shortness of breath may wake you awake, and you may have trouble falling or keeping asleep.

Complex Sleep Apnea Syndrome (CSAS) is a condition that combines obstructive sleep apnea and central sleep apnea.

The most widely prescribed treatment for sleep apnea is a continuous positive airway pressure (CPAP) machine. While you sleep, this medical device delivers a constant stream of oxygen into your mouth and nose, keeping your airways open and allowing you to breathe more normally.

CPAP machines produce a continuous stream of pressured air that passes through an air filter and into a flexible tube. While sleeping, the tube feeds filtered air into a mask that you seal around your nose or mouth.

Because of the foam issue, Philips® had to recall millions of CPAP and BIPAP machines. Other life-saving mechanical ventilators were also recalled in addition to sleep apnea equipment. The following machines have been recalled:

  • DreamStation breathing devices
  • CPAP Machines – continuous positive airway pressure
  • Mechanical Ventilator Devices with Bi-Level Positive Airway Pressure (Bi-Level PAP).

Polyester-based polyurethane foam was the poisonous foam that was giving individuals serious health problems. The foam began to break down into very small particles that individuals using the machine inhaled or ingested. Toxic gases were also released by the foam, causing cancer, lung discomfort, and organ damage.

Since 2009, these harmful machines have been sold to patients, exposing some users to the foam and fumes for more than ten years.

If you used one of Philips’® recently recalled sleep apnea machines, you might be able to file a lawsuit. It’s critical to keep track of when you utilized the machine and for how long you used it. Also, keep track of the model of device you utilized. Do you have a cancer diagnosis? Or any other form of illness that you and your doctor believe is linked to the device? If this is the case, you may have a legal claim against Phillips®. Your best chance is to get in touch with Hughes & Coleman as soon as possible for a free consultation. We can assist you in determining whether or not you have a valid claim. We can also assist you in obtaining your medical records and determining your next steps.

It’s a distinct probability. You may be entitled to the following sorts of compensation if you file a lawsuit and we are successful in settling your case or winning at trial:

  • Medical Expenses. You should be eligible for reimbursement for past medical expenditures if we win your case. You may also be entitled to recover monetary damages to assist you in paying for any future medical treatment or treatments you may require as a result of using defective Philips® sleep apnea machines.
  • Income that has been lost. You might be able to recover lost income if you were in the hospital as a result of a malfunctioning sleep apnea machine. This includes any future earnings you may lose if you are unable to work.
  • Suffering and Pain When you use a medical device, you presume it’s safe and that the producers aren’t intentionally misleading you. It’s typically emotionally difficult and traumatizing to learn that you’ve been severely hurt as a result of their negligence. You may be entitled to monetary compensation as a result of this.
  • Punitive Damages are a type of penalty. Punitive damages are imposed on companies as a means of punishing them and deterring them from engaging in similar activity in the future. Despite knowing that their products were defective, Philips® continued to sell them without informing the public.

It is still too early to give a precise figure in this scenario. In bellwether trials, jury verdicts often offer plaintiffs and defendants an indication of their case’s value; however, cases can settle at any time before trial. As of now, no trial dates have been set.

Anyone who has experienced the previously mentioned adverse effects while using a recalled Bi-PAP, CPAP, or ventilator from Philips®. If you have lost a loved one from these injuries, you may also be able to bring a lawsuit.

Side effects from foam and gas inhalation and ingestion include:

  • Airway irritation and inflammation
  • Asthma
  • Carcinogenic effects
  • Chest pressure
  • Cough
  • Dizziness
  • Headache
  • Hypersensitivity
  • Inflammatory response
  • Organ damage (liver, kidney, and others)
  • Sinus infection
  • Skin, eye, and respiratory tract irritation
  • Upper airway irritation

Degraded sound abatement foam can lead to various health issues, including cancer and organ damage, according to Philips® CPAP lawsuits. Headaches, airway irritation, chest tightness, cough, and sinus infection have all been reported. Still, other potential health hazards include “severe harm that can be life-threatening or cause permanent damage.” People who have incurred the following injuries as a result of using a recalled Philips® item should contact Hughes & Coleman:

 

  • 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

If you or a loved one has been injured by a recalled Philips® CPAP, you have the right to file a compensation claim. Philips® CPAP lawsuit lawyers will investigate your claim for free to see if you are eligible. Because you only have a limited amount of time to file, speak with a lawyer as soon as possible.

A faulty BiPAP, CPAP, or ventilator could cause permanent injury to you or a loved one. By filing a lawsuit, you may be able to recover past and future medical expenses, hold Philips® accountable for causing harm to you or a loved one, and receive compensation for pain and suffering.

This case involves breathing equipment that was recalled by Philips® as part of the CPAP recall. Your machine should have a model number and brand that you can provide to Hughes & Coleman during our initial consultation.

It’s critical to maintain your recalled Philips® equipment as evidence in the event of a lawsuit. If your supplier wants you to return the machine, your lawyer can assist you to keep it.

Tell us what types of damages you’re seeking and why you’re filing a lawsuit. Medical bills, lost pay, pain, and suffering, and holding Philips® liable for manufacturing a defective device are all possibilities.

There are no out-of-pocket expenses associated with reviewing your case or hiring one of our Philips® CPAP machine recall lawyers. Individuals across the United States have their potential claims reviewed, and all cases are handled on a contingency fee basis. This means you don’t have to pay anything up in advance to hire our CPAP recall lawyers, and we only get paid if a settlement is reached.

Individuals, regardless of their financial resources, have access to the skills and resources of our national law company for their Philips® Respironics lawsuit settlement through the use of contingency attorney fees.

You pay nothing upfront to employ our sleep apnea machine lawyers, and we only get a percentage of the money we get from the drug companies as an attorney fee or expenses. If we don’t win your case, our law company doesn’t get paid!

To get started, fill out the form on this page or call 800-800-4600 for a free consultation and Philips® Respironics lawsuit evaluation. There are no attorney fees or charges unless you recover or reach a settlement!

HUGHES & COLEMAN EVALUATION OF A PHILIPS DREAMSTATION RECALL CASE

  1. Fill out the form on this page to request a case evaluation. Please include your contact information as well as some details about your Philips® Respironics Recall claim.
  2. Hughes & Coleman will contact you. Our law firm will contact you to investigate if financial compensation for you and your family is possible.
  3. You Choose Whether or Not to Proceed. If our attorneys think that we can assist you with your Philips® Respironics CPAP recall case, you can choose to contact us to pursue compensation.

HUGHES & COLEMAN CAN ASSIST YOU

Our goal at Hughes & Coleman is to assist you to the best of our ability. We have attorneys all around the state of Tennessee, so we can represent you no matter where you utilized the device. If you have experienced any health problems as a result of utilizing Phillips® medical products, please contact us right away. We can assess whether or not you are entitled to file a lawsuit. Speaking with us will not cost you anything. Furthermore, you will not be charged anything until your case is properly settled or won in court. Hughes & Coleman’s mass tort lawyers are knowledgeable, committed, and genuinely concerned about their client’s well-being. We treat all of our clients the same way we would treat our family members. Please contact us immediately away to schedule a free case examination so that we can assist you.

When you contact Hughes & Coleman about your prospective Philips® CPAP injury case, we may inquire about your CPAP machine experience. Please have your medical records, invoices, receipts, and other documentation on hand so you can answer questions as thoroughly as possible.

TAKING GOOD CARE OF OUR NEIGHBORS

Our mission is to represent injured people, but we don’t want you to think of us as just personal injury attorneys. Our team members are part of the community. We live and work here, and it’s the place we call home. We live in the same neighborhoods as you, and we want to make sure that our neighbors and friends are well taken care of as well.

Our firm has five offices in Tennessee (Nashville and Murfreesboro, Clarksville, Columbia, and Gallatin) and five offices in Kentucky (Louisville, Lexington, Bowling Green, and Elizabethtown). We have a growing team of more than 30 attorneys and more than 60 staff members, including case coordinators, investigators, and paralegals, and we handle cases of all sizes.

Our experienced attorneys have obtained multimillion-dollar jury verdicts and settlements for their clients in a variety of areas, including auto accidents, motorcycle accidents, brain injuries, Social Security and Veteran Disability, defective products, fire and burn injuries, drug injuries, nursing home abuse, truck accidents, and wrongful deaths, among others.

GET IN TOUCH TODAY!

We offer free consultations 24/7 and there will always be someone here to take your call. Call our personal injury lawyers today for a free consultation or fill out this form and we will contact you.

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