Do CPAP Machines Cause Cancer?

Research studies that have analyzed the negative health consequences of the foam insulating CPAP machines have not reached a conclusion that answers the question, “Do CPAP machines cause cancer.” Nonetheless, several studies have determined that the use of CPAP machines to alleviate the symptoms of sleep apnea might contribute to the development of other types of negative medical conditions. If you have used CPAP machines to reduce the negative impact of sleep apnea, and you have developed one or more serious medical conditions, you should contact a product liability attorney to review your case.

For over three decades, the team of experienced product liability lawyers at Morgan and Morgan have helped clients recover from the financial losses generated by using a defective product. We have recovered more than $14 billion in monetary damages for our clients, with some of the money recovered coming from litigating product liability cases. Our experience handling CPAP machine cases makes Morgan and Morgan the preeminent law firm to handle your case.

Schedule a free case evaluation to allow one of our product liability attorneys to review your case.

The foam used to insulate sound and vibrations when using a CPAP machine can cause two general types of injuries. Research has demonstrated the foam can break apart into little pieces that move through a CPAP machine and into the lungs. The second general type of CPAP machine foam injury stems from the possible leakage of toxic chemicals that move through the machine and into a victim’s circulatory system.

Victims can develop acute asthma, as well as suffer from constant coughing. The toxic chemicals released by the foam can trigger frequent migraine headaches, recurring bouts of nausea, and permanent damage to the liver and/or kidneys. Research still has not concluded whether the foam inside of CPAP machines is capable of causing cancer.

The inconclusive results concerning the link between cancer and CPAP machines do not mean that Phillips is not concerned about the possibility of cancer developing because of the degradation of the foam used to muffle sounds and vibrations. Some studies indicate the foam can break down and release harmful gasses and particles that can produce cancerous tumors, especially in the lungs and areas surrounding the lungs.

However, researchers still cannot pinpoint the exact areas of the body that develop cancerous tumors because of the exposure to the gasses and particles emitted by the insulating foam. Prolonged exposure to foam particles might cause organ cancers, such as liver and kidney cancer. The chemicals released by degraded foam are called isocyanates, which the Occupational Safety and Health Administration (OSHA) has labeled as potential human carcinogens. OSHA has discovered that daily exposure to the chemicals might increase the risk of developing lung cancer.

If you have received a diagnosis of cancer and you think the disease is the result of exposure to the foam insulation found in CPAP machines, you should act with a sense of urgency by contacting one of the experienced product liability attorneys at Morgan and Morgan.

You have two legal options that can help you address the negative health consequences produced by the insulating foam inside a CPAP machine. Filing an individual lawsuit is one option, while joining a class-action lawsuit against the manufacturer of the CPAP machine represents the second legal option.

Regardless of which option you choose, you should follow similar steps in the CPAP machine lawsuit process.

Schedule a Free Case Evaluation

The first step in the CPAP civil lawsuit process involves scheduling a free case evaluation with one of the highly-rated product liability lawyers at Morgan and Morgan. A free case evaluation allows the attorney to examine the evidence, as well as receive the contact information for witnesses. The lawyer also determines whether you should join a class action lawsuit or seek individual monetary damages by filing a civil lawsuit against the manufacturer of the CPAP machine.

During a free case evaluation, you have the opportunity to ask questions. Prepare a list of questions before the free case evaluation, as well as be ready to answer the questions posed by the product liability attorney assigned to your case by Morgan and Morgan.

Submit the Proper Legal Documents Before the Deadline

Hiring a state-licensed product liability from Morgan and Morgan delivers several benefits, one of which is to ensure you submit the right legal documents before the expiration of the statute of limitations. Each state has established a deadline for the filing of legal documents to initiate a civil lawsuit. Most states have established a statute of limitations ranging between two and four years.

If you fail to meet the deadline for filing the proper documents to initiate a civil lawsuit, the court clerk processing your case will remove it from the judicial docket.

Gather and Organize Evidence

Collecting evidence is an ongoing process that includes the results of diagnostic tests, research results about the potential harm of CPAP machine foam, and a detailed explanation by your healthcare provider that describes the source of your negative medical condition. Evidence also includes the statements provided by witnesses, with many of the witnesses members of the healthcare industry. If you develop cancer symptoms shortly after using a CPAP machine, your oncologist should submit a formal statement that links the use of a CPAP machine with your cancer symptoms.

Discovery

Discovery represents the phase of the litigation process in which both parties exchange information. Your lawyer exchanges the evidence gathered with any additional evidence collected by the other party’s attorney. Another important type of information to share is the accounts submitted by witnesses, as well as the statements provided by experts in the healthcare industry. During the discovery phase, both parties have the opportunity to negotiate a settlement based on the exchange of information.

Negotiate a Settlement

Your lawyer can attempt to negotiate a settlement at any time during the litigation process. However, discovery represents the most frequent stage of the litigation process when both parties try to work out a favorable deal. Your product liability lawyer submits an offer based on the calculations made for both economic and non-economic damages. The other party’s attorney can either accept, reject, or submit a counteroffer to the initial offer presented by your legal counsel. You might go through several rounds of counteroffers before both parties either accept a settlement or decide to take the case to trial.

Representation at Trial

If your case goes to trial, getting the legal support of a highly-skilled product liability attorney is a crucial element for you to win your case. Your lawyer prepares you to answer the likely questions asked by the other party’s litigator. The judge or jury hearing your case must decide whether the defendant is legally liable for the development of your negative medical condition. If you receive a favorable ruling, the judge or jury awards monetary damages that include punitive damages if the other party committed one or more acts of negligence. You have the right to appeal the decision issued by the judge or jury if your lawyer determines you deserve more compensation.

If you cannot receive a recommendation from a trusted friend or family member for hiring an accomplished product liability lawyer, you must conduct research that considers several factors.

Experience Litigating CPAP Cases

Because of the highly specialized nature of CPAP machine civil lawsuits, you should only consider lawyers who have experience handling similar cases. At Morgan and Morgan, our team of personal injury lawyers includes litigators that have compiled years of experience litigating CPAP machine cases.

Legal Support During the Entire Process

Litigating a CPAP machine lawsuit, especially one that involves the issue of cancer, requires the full attention of an experienced litigator. You cannot afford to meet with an experienced attorney during a free case evaluation, only to see the lawyer disappear for the remainder of your case. When Morgan and Morgan assigns a product liability to your case, you can expect the litigator to be with you during the entire legal process.

Responds to Your Communications

A CPAP machine civil lawsuit can take many unexpected turns, as well as generate plenty of legal questions. This means you must have access to a legal support system around the clock. Morgan and Morgan offers a 24 hours per day toll-free line that answers general legal questions. For questions pertaining to your case, the attorney we assign to your case will get back to you during the same business day or if the workday has come to an end, contact you first thing the following morning.

Do CPAP machines cause cancer? The answer remains unclear, as it continues to be debated in the healthcare community. However, CPAP machines can cause other types of ailments, some of which can lead to expensive medical bills and months of missed work.

If you sustained one or more injuries from using a CPAP machine, schedule a free case evaluation today with one of the accomplished product liability attorneys at Morgan and Morgan.