If you or a loved one used a Philips CPAP or BiPAP device and developed serious health complications, please contact the Kentucky product liability attorneys at Gary C. Johnson, P.S.C. for a free case review. You may be eligible to file a lawsuit against the manufacturer and recover significant compensation.
On June 14th, 2021, Philips Respironics issued a voluntary class 1 recall (the most serious type of recall) for a whole host of CPAP, BiPAP, and Ventilator models after a design defect was found that can cause users to respirate or ingest degraded polyurethane foam and other harmful chemicals. Prolonged exposure can lead to significant adverse health complications, including cancer.
Click on the image below to watch our short informational video.
According to Philips, exposure to degraded polyester-based polyurethane foam (PE-PUR):
‘Possible health risks include exposure to degraded sound abatement foam, for example, caused by unapproved cleaning methods such as ozone, and exposure to chemical emissions from the foam material. High heat and high humidity environments may also contribute to foam degradation in certain regions… The potential risks of degraded foam exposure include: Irritation (skin, eye, and respiratory tract), inflammatory response, headache, asthma, adverse effects to other organs (e.g. kidneys and liver) and toxic carcinogenic affects. “
Polyester-based polyurethane (PE-PUR) is a sound abatement foam used by Philips to reduce sound and vibration in these certain CPAP, BiPAP, and ventilator devices. The foam in the affected devices may:
These issues can result in serious, potentially life-threatening, injury, lead to permanent impairment, and require medical treatment to prevent permanent damage.
Immediate risks of PE-PUR particulate exposure and off-gassing chemicals can be:
However, the prolonged exposure has also been linked to toxic and carcinogenic effects including:
The sweeping voluntary recall by Philips Respironics has affected as many as 4 million CPAP, BiPAP and ventilator devices. The recall affects all serial numbers of the devices listed below manufactured between 2009 and April 26th, 2021:
Continuous Ventilator, Minimum Ventilatory Support, Facility Use
Continuous Ventilator, Non-life Supporting
Noncontinuous Ventilator
Continuous Ventilator
Continuous Ventilator, Minimum Ventilatory Support, Facility Use
Continuous Ventilator, Non-life Supporting
Product liability and dangerous medical device lawsuits are typically handled as Multi-District Litigation (MDL). Because these products injure a large group of people, MDLs allow the courts to consolidate the cases and expedite the process. However, each case is treated as a separate action – unlike Class Actions where the cases are combined and tried as a group. A successful CPAP recall lawsuit can help those affected by these devices recover compensation for their losses. This includes financial compensation for medical bills, pain and suffering, loss of consortium or quality of life, lost wages, and the ability to earn future wages.
While litigation in these cases is still in it’s very early stages, reports indicate that consumers have been making complaints about the devices for years. If it can be proven that Philips Respironics was aware of the safety issue and did nothing to protect consumers, courts may award punitive damages to plaintiffs.
At Gary C. Johnson Attorneys at Law P.S.C., we understand how difficult and confusing these situations can be. If you have been seriously injured, you may not know where to to turn, or even what caused your injury. If you used any of the devices listed above and feel like something isn’t right, please, contact our office today for a free and confidential case evaluation. We can help you make sense of your situation, review your medical records and develop a strategy to recover the compensation that you and your family need.