When you have a medical condition that severely affects your life and your health, you’re probably focused on what you can do to get better. Many people who suffer from sleep apnea used a device from Philips Respironics, and instead of it making them well, it likely made them worse and even caused cancer in many users. There’s nothing more frustrating than putting your trust in a medical device and a company that claims it can help you, only to be made worse by their treatment.
If you’ve experienced negative side effects as a result of the Phillips sleep apnea machine, we want to help you. Morgan & Morgan has hundreds of attorneys throughout the United States. Our biggest concern is making sure you get the justice and the compensation that you deserve. Over the years, our successful law practice has recovered more than ten billion dollars for our clients. Please don’t hesitate to reach out to us. Contact Morgan & Morgan today for a free case evaluation.
The Problem With Phillips CPAP And Sleep Apnea Machines
Philips recalled millions of CPAP and other sleep apnea machines because many users were breathing toxic foam caused by a serious issue with their machines. Breathing in this toxic foam can cause cancer and other major health problems. The foam was going directly into the tube that users were using to breathe correctly while they slept. Aside from causing cancer, which is obviously severe and completely unacceptable, many users also reported headaches, upper airway irritations, coughing, chest pressure, sinus infections, asthma, damage to their liver and kidneys, nausea, vomiting, and increased breathing problems.
Class Action Lawsuit
In June 2021, a class action lawsuit was filed against Philips in Massachusetts. The lawsuit claims that Phillips knew about the toxic foam and the severe health issues it was causing people for years. There are claims that users had been complaining about the issues for many years, but Philips didn’t issue a public warning until April 2021. It was another two months, June 14th 2021, before Philips officially recalled the devices. Interestingly, Philips didn’t announce the recall of their machines until right around the time that they were coming out with a newer device. Many patients who desperately need these devices had no choice but to purchase the newer machine, meaning Philips continued to profit even after they made the recall of their current machine public.
Philips Lawsuits Are Based On 2 Violations
1. Design Defect
One of the reasons people were filing lawsuits against Philips is for the simple fact that the devices they sold to patients were defective and dangerous. The foam they used in the device is so dangerous that when it degrades it causes cancer. This alone might be enough of a problem for a lawsuit.
2. Failure To Warn
Not only did Philips use material in their medical devices that was incredibly dangerous, but they didn’t warn the public as soon as they became aware of the risks. There are allegations that users had been complaining of health issues as a result of the foam for years. At the very least, Philips became aware of the issue in April 2021, and didn’t issue a recall until the middle of June, 2021. This means that people continued to buy and use the machines for at least two months, despite the fact that Philips was well aware of the risks.