If you’re concerned about the safety of your CPAP machine in light of the massive Philips CPAP device recall, you’re not alone. You may be wondering, “Are ResMed CPAP machines being recalled?” Rest assured, the CEO of ResMed has made a public announcement stating that ResMed CPAP machines are not impacted by the Philips recall. This is because their machines use a different material than what was used in Philips products.
However, suppose you’re using a hybrid ResMed device coupled with a Philips mask for PAP. In that case, they recommend that you contact your equipment provider. ResMed can only speak to the safety of components they manufacture and are being used by patients who follow their device’s instructions.
Nonetheless, in 2007, ResMed did initiate a worldwide recall of about 300,000 S8 flow generators that were issued for treating sleep apnea. The problem was that devices made between July 2004 and May 15, 2006, had the potential to short circuit in the power supply connector. Additionally, in 2019 ResMed issued a recall of 69 devices in the U.S. due to sound alarm failure which was connected to one death. If you or a loved one suffered injuries due to a faulty ResMed device, you should reach out to us today. But how did we get here having to worry about breathing hazardous material and gasses from devices that are prescribed to help us? Let’s take a look at what has happened with the Philips recall.
Why are people filing lawsuits against Philips?
CPAP product defects are an ongoing problem within the industry. The latest scare demonstrates just how vulnerable people are when they trust medical device manufacturers to do the right thing and put public health ahead of profits. Philips Respironics announced a voluntary recall of millions of certain CPAP, BiLevel PAP, and ventilator devices because there are issues with the sound abatement foam used in these devices. As the foam degrades over time, it has been found to have the potential to expose users to possible carcinogens and toxic chemicals that can be off-gassed.
These hazards can be both ingested and inhaled. Philips used a polyester-based polyurethane (PE-PUR) that deteriorates over time. Certain environmental conditions, including high temperatures and humidity, can accelerate the deterioration. If users of the devices use cleaning methods that are not authorized, such as ozone cleaning, the deterioration process can be sped up.
What is most shocking is that Philips had received complaints about the presence of black debris in the airpath circuit for some time yet did nothing about it because they deemed it as a “low complaint rate.” Only after some years did Philips release a public warning. But even worse, after the public warning, they drug their feet on the official recall. Some might say the official recall and the release of a newer device were suspiciously coincidental. If they had issued the recall a few months prior, users might have turned to their competitors for replacement devices.
Which Philips devices have been recalled?
The following devices made by Philips have been recalled:
Mechanical ventilation devices:
- Trilogy 100
- Trilogy 200
- Garbin Plus
- LifeVent 200
- BiPAP V30
- BiPAP A30/Hybrid/A40
Serial Numbers: Devices manufactured before April 26, 2021, all serial numbers
Distribution Dates: November 5, 2005, to April 23, 2021
Devices Recalled in the U.S.: 204,776
What are the symptoms people are experiencing from debris and gas exposure?
The PE-PUR foam used in Philips devices is known to have toxic by-products that are released during the aging process. These are diethylene glycol, toluene diamine isomers, and toluene diisocyanate isomers. The company’s own lab analysis confirmed the presence of diethylene glycol but could not measure the daily dose or the concentration level users may be exposed to while using their CPAP.
People have complained about skin, eye, and respiratory tract irritation, headache, inflammatory response, asthma, and adverse effects to the internal organs such as the kidney and liver. Further symptoms from exposure are hypersensitivity, nausea, and vomiting. There are additional possible toxic and carcinogenic effects from using the Philips product.
Foam particulates can cause irritation and airway inflammations which can exacerbate other health issues such as lung diseases and problems for people that suffer from cardiopulmonary issues. By the company’s own admission, the potential problems from the emitted compounds have not been fully identified as of yet, so the list and severity of health issues that could arise will be ongoing.
Who can file a lawsuit against a defective CPAP manufacturer?
Anyone who feels they have been injured by a defective CPAP machine or lost a loved one because of a recalled device could be eligible to file a lawsuit. Since there is still so much to learn about the kinds of injuries these faulty devices can cause, you should talk to one of our CPAP lawyers if you’ve experienced any of the following after using a recalled device:
- Acute inhalation injury
- Acute respiratory distress system (ARDS)
- Asthma (severe)
- Cancer (any kind)
- Chronic bronchitis
- Interstitial lung disease
- Kidney disease
- Liver disease
- Lung damage
- Malignant tumors
- Multiple myeloma
- Pulmonary fibrosis
- Reactive airway disease (RAD)
What kind of compensation could I get for my injuries from a CPAP machine?
Victims that can tie their cancers or serious injuries to a defective CPAP machine may be eligible for a large payout that could be as high as six figures or more depending on the details of their case. Compensation may include damages as follows:
Medical expenses: Medical expenses can include hospitalization, doctor’s appointments, prescription medications, and CPAP replacement costs.
Lost wages: Lost wages can be recovered if you were too ill to work or had to take time off from work to seek treatment for your injuries.
Loss of future income: Loss of future income can be recovered if your injuries are such that you can no longer work or have had to take a lower-paying position because of your illness.
Pain and suffering: Pain and suffering compensation may be recovered for the actual physical pain you’ve endured but also the mental anguish and emotional distress you’ve suffered because of your situation.
Other economic losses: Other economic losses can include things like personal care costs such as help with household chores, cooking, and bathing. Any in-home health care costs, travel expenses for medical treatment, and any special equipment you may now need because of your illness can also be considered additional economic losses.
Punitive damages: Punitive damages may be recovered if your case makes it to trial and the courts discover Philips or any other CPAP manufacturer behaved in a malicious way which resulted in injuries. Punitive damages are a legal way to punish wrongdoers and also to make an example of the wrongdoer. In the Philips example, evidence is emerging they had been aware of the potential issue for some time yet did not address the problem. Punitive damages can be huge. For example, a Los Angeles jury awarded $4.9 billion to a family that was disfigured after their General Motors van exploded in a car crash.
Why choose Morgan & Morgan personal injury lawyers?
A do-it-yourself attitude is about as American as it gets. Still, when it comes to the law and representing yourself in a personal injury case, DIY isn’t something you should try. The problem with fighting a big company like Philips by yourself is that if you make one mistake, that could be it for you. The consequences could cost you and your family big time if you have a pile of medical bills and are looking at ongoing treatment.
Our lawyers can help you figure out what your claim is worth, prove your claim with hard evidence and demonstrate the CPAP company’s liability. They will take care of documentation, negotiations and represent you at trial if need be.
We’ve been fighting powerful corporations for years and have recovered billions for our clients. We fight fire with fire and are one of the largest law firms in the U.S., so we’ve got the ammunition to back that claim up. Best of all, we don’t collect any fees from you unless we win your case. You have nothing to lose and everything to gain by working with Morgan & Morgan’s personal injury lawyers. Contact us today for a free, no-risk case evaluation.