Cpap manufacturer facing lawsuits due to defective machines
The U.S. Food and Drug Administration, in conjunction with medical device manufacturer Philips Respironics, has announced a recall of certain CPAP, BiPAP, and ventilator device models manufactured by Philips.
Philips Respironics Recalls CPAP, BiPAP, and Ventilator Machines
The recall follows an announcement by Philips that the sound insulation foam used in the recalled devices was prone to breaking down into small particulates or into toxic fumes that could enter the airway passage of devices, where they could be inhaled by users.
However, Philips has been accused by various users of long having knowledge of the defective nature of the sound insulation foam used in its CPAP, BiPAP, and ventilator devices. Users have stated that they informed Philips months or years ago about foam particles being found in the air tubing of their CPAP, BiPAP, or ventilator devices. Some users have begun filing lawsuits against the company, alleging that they have suffered injuries and developed medical conditions due to their use of the defective devices. They claim that the company should be held liable for putting a defectively designed product onto the market, and for failing to warn users of the risks of the sound insulation foam breaking down in the machines.
Injuries That May Be Caused by Defective CPAPs
Foam particles or toxic chemicals that break off from the sound insulation foam in certain of Philips’ CPAP, BiPAP, or ventilator devices may be inhaled during use of the device. These hazardous substances may cause or increase the risk of developing a wide variety of serious injuries and health conditions, such as:
- Sinus infections
- Upper airway irritation and infection
- Lung scarring
- Respiratory infections and diseases such as bronchitis or pneumonia
- Breathing difficulties, including chest pains or chronic cough
- Kidney and liver damage
- Cancers, particularly of the sinus, mouth, throat, lungs, kidneys, or liver
People who use CPAP, BiPAP, and ventilator devices rely on these machines to help ensure quality sleep or even to prevent potentially fatal conditions from developing during sleep. Users of defective Philips devices are unfortunately faced with a difficult choice of continuing to use a defective CPAP until a replacement device or repair kit can be secured, or ceasing use of a device critical to their quality of life or even their safety.
If you have developed one or more of these conditions after using a Philips device, you may be entitled to pursue legal options against the manufacturer.
What Are Your Rights If You’ve Been Injured by a Defective CPAP?
When you have suffered injury or developed a medical condition after using a Philips device announced as part of the recall, you may be entitled to pursue a product liability claim against the company, based on legal theories of defective design and/or failure to warn. In a product case, you might recover compensation for expenses and losses you have incurred, including for:
- Costs of medical treatment and rehabilitation for injuries or illnesses you’ve suffered
- Loss of income from missed work due to your injuries/illness
- Loss of future earning capacity if you have been disabled from work
- Pain and suffering
- Loss of quality of life, including because of disabilities or reduced life expectancy
Contact a Clark Personal Injury Lawyer to Discuss Your Product Liability Case in New Jersey
Did a loved one sustain serious injuries due to a defective CPAP machine in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Team Law represent clients injured because of defective medical devices in Paterson, Elizabeth, Clifton, Trenton, and throughout New Jersey. We can help you file a CPAP lawsuit. Call (732) 540-1394 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 136 Central Ave., Clark, NJ 07066, as well as offices in West New York, Perth Amboy, Edison, Summit, Newark, New Brunswick, Orange, Plainfield, and Jersey City.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.