Lung Damage From CPAP Machine

Lung Damage From CPAP Machine

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Lung Damage From CPAP Machine

When doctors prescribe medical devices, we expect to get better and not worse. Unfortunately, CPAP machines can have significant defects, which could lead to severe injuries or diseases. In the case of the recalled Philips devices, millions of consumers may face future health problems, such as lung damage and cancer. Worse, Philips may have known of the issues with its CPAP devices and decided to ignore the problem for several years, potentially putting millions of individuals’ health at risk.

If you suffered lung damage from a CPAP machine or developed another significant disease, you could be entitled to compensation.

When unethical manufacturers put profits before the health of consumers, Morgan & Morgan step in and fight for justice and compensation on victims’ behalf. Let us determine your best next steps in a free case review today.

What Are CPAP Machines?

CPAP (Continuous Positive Airway Pressure) machines are medical devices used to treat sleep apnea, a condition where a person's breathing repeatedly stops and starts during sleep. The machine delivers air pressure through a mask, helping to keep the airways open. CPAP machines allow persons with certain other conditions to breathe normally throughout the night. Doctors typically prescribe CPAP machines for the following conditions:

  • Sleep apnea
  • Severe snoring
  • Chronic obstructive pulmonary disease (COPD)
  • Breathing difficulties during sleep

In some instances, CPAP machines may also be used as a preventative therapy for diabetes, stroke, and heart disease. Some doctors prescribe CPAP devices for acute conditions, including pneumonia, pulmonary edema, and other health conditions that cause difficulty breathing.  

Common Side Effects of CPAP Machines

CPAP machines are generally considered an effective and safe treatment for sleep apnea. However, like with most medical treatments and devices, users could experience side effects. Common side effects of using a CPAP machine include:

  • Nasal congestion
  • Discomfort or skin irritation from the mask
  • Dry mouth, nose, or throat
  • Eye irritation
  • Headache
  • Stomach bloating
  • Difficulty falling asleep or staying asleep

You could minimize side effects by adjusting the CPAP machine or using additional equipment such as a humidifier or special mask. If the side effects persist or become severe, consult your doctor.

Can You Get Lung Damage From CPAP Machines?

A fault-free and functional CPAP machine should not cause lung damage. However, using a defective device could result in long-term lung damage and other detrimental health effects. In particular, using one of the faulty Philips CPAP, BiPAP, or ASV sleep apnea machines or ventilators could cause significant lung damage, particularly with long-term use. Conditions that could result from using a defective CPAP machine can include, among others:

  • Lung cancer
  • Chronic bronchitis
  • Pneumonia
  • Asthma
  • Emphysema
  • Lung inflammation
  • Pleural effusion

If you develop significant lung damage from a recalled Philips CPAP machine, our attorneys are here to walk you through your legal rights and options. You could be entitled to compensation for your medical bills and other losses.

Philips CPAP Machine Recall

After discovering that the soundproofing polyester-based polyurethane (PE-PUR) foam in Philips CPAP machines degrades over time, posing a significant health risk, the company issued a voluntary recall in June 2021. Small particles of the PE-PUR foam entering the CPAP machine’s airway could be ingested or inhaled by users, causing lung damage and other health problems. The foam also releases toxic gasses into the air stream, which may result in the following conditions and others:

  • Headaches
  • Sinus infections
  • Irritation of the airways
  • Asthma
  • Kidney and liver disease and cancer

Which Models Are Affected by the Recall?

According to the US Food and Drug Administration (FDA), Philips recalled the following machines (manufactured between 2009 and 2021):

  • A-Series BiPAP A30
  • A-Series BiPAP A40 (ventilator)
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto (ventilator)
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • C-Series ASV
  • C-Series S/T and AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • REMstar SE Auto
  • Garbin Plus, Aeris, LifeVent
  • OmniLab Advanced+
  • Trilogy 100 (ventilator)
  • Trilogy 200 (ventilator)
  • SystemOne ASV4
  • SystemOne (Q-Series)

If you suffered lung damage from a CPAP machine, retain the device and all its parts, as the faulty item itself can be critical evidence in a lawsuit.

What to Do if You Are Affected by the Recall

The FDA classified the recall as Class I, which is the most urgent and serious of recalls and indicates that the affected CPAP machines could cause severe injuries or even death. If your CPAP machine was part of the recall, your next best step is to speak to your healthcare provider, who may suggest one of the following options:

  • Stop using the recalled CPAP machine
  • Use a device that was not affected by the recall
  • Continue to use your machine (if the health benefits outweigh the risks)

Your doctor may also advise you to try other sleep apnea therapies, such as:

  1. Lifestyle changes: weight loss, avoiding alcohol, and sleeping on your side can help improve sleep apnea symptoms.
  2. Oral appliance therapy: a custom-fitted mouthguard-like device can help to keep the airway open by repositioning the jaw and tongue.
  3. Surgery: some people with sleep apnea could benefit from surgery, such as soft palate procedures.

Before determining the best choices for you, consult your healthcare provider for an accurate diagnosis and the best treatment plan for your specific condition.

Legal Options for Those Injured by a Defective CPAP Machine

You could file a lawsuit and recover compensation if you or a loved one:

  • Used a recalled Philips CPAP machine. BiPAP, or ventilator
  • Experienced lung damage from a CPAP machine or experienced another serious health condition

Filing a Philips CPAP Lawsuit

There are numerous ongoing individual personal injury lawsuits against Philips, in addition to class action lawsuits and multidistrict litigation. The lawsuits allege that the machines had design defects and the manufacturer failed to warn. Moreover, Philips allegedly knew about the dangers of the polyurethane foam for several years before the recall and did nothing about it. The company had also previously released information stating that the levels of toxic gases the foam releases did not pose a health problem.

To date, the FDA has received 260 reports of death that may be associated with foam breakdown in Philips CPAP devices. Attorneys are currently accepting lawsuits from victims who suffered the following injuries and others:

  • Lung cancer
  • Kidney cancer
  • Liver cancer
  • Stomach cancer
  • Mouth and throat cancer
  • Chemical poisoning
  • Organ damage
  • Various lung conditions

If you used a recalled Philips CPAP machine and are wondering whether you have a legal case, get in touch with us. Our experienced product liability attorneys can assess your case at no cost or obligation to you and move forward with a claim on your behalf.

Compensation CPAP Machine Users With Lung Damage Could Receive

Living with cancer or lung damage from a CPAP machine can be painful, mentally exhausting, and astronomically expensive. However, you should not have to pay for a manufacturer’s negligence. If you win a lawsuit against the manufacturer, you could be entitled to the following:

Medical Bills

You could receive all medical costs required to treat your CPAP device injury, including rehabilitation and ongoing care expenses. If your medical providers determine that you will need future or ongoing treatment, our attorneys can estimate future medical costs, which should be included in your final settlement.

Lost Wages

If you miss a considerable amount of work time or are unable to return to your job due to the injury, you could receive lost income and loss of future lost income.

Pain and Suffering

If you have significant or life-changing injuries, you could qualify for non-economic awards, including physical pain, emotional anguish, loss of life enjoyment, and others.  

Punitive Damages

Courts only award punitive damages in the most egregious injury cases. Such damages are designed to punish reckless manufacturers for gambling with consumers’ health and deter them from committing similar acts again.

Each Case Is Unique

What you can recover with a lawsuit will depend on your circumstances, such as your age at the time of injury and whether you can return to work. An injury attorney at Morgan & Morgan can assess your case and determine the worth of your claim.

There’s Only One Morgan & Morgan

Not all law firms are equal. If you want to stand up to a multinational corporation, you need a strong law firm with a successful track record and almost unlimited resources in your corner. Litigating defective product claims can be expensive, complex, and challenging. More often than not, such claims require a thorough technical analysis by industry experts. We can draw on the expertise of professional investigators, medical professionals, and respected expert witnesses who can build and strengthen your case.

Hiring the wrong lawyer can be a big mistake, causing you to leave money on the table and, in the worst case, recover nothing even though you have a strong case. Some law firms haven’t had a trial verdict in many years because they shy away from potentially lengthy and expensive court cases. They give up before the fight has even begun. Not Morgan & Morgan. We know what your case is worth, and we won’t settle for less, even if it means going to trial.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • How Can an Attorney Help Me Prove a CPAP Lawsuit?

    If your CPAP machine is recalled and you have a health complaint associated with the device, we could help you build and prove your case against the manufacturer. We can:

    • Gather evidence of your injury and damages
    • Engage professional investigators to strengthen your claim
    • Prove the link between the defective machine and your injury or disease
    • Handle the legal process from start to finish
    • File a lawsuit
    • Negotiate a fair settlement with the manufacturer
    • Take your case to trial if necessary to get what you deserve

    Our attorneys and legal team members will update you regularly, ensuring that you are well informed at every stage of the legal process. Our tenacious attorneys will leave no stone unturned to prove your case and recover what you deserve.

  • How Can I Determine Whether I Have a CPAP Claim?

    The best way to determine whether you can file a lawsuit and pursue compensation is to speak to an attorney as soon as possible. If you suffer lung damage from a CPAP machine, you should act now, as the time to file a lawsuit may be limited, depending on the statutes of limitations in your state. Filing too late could mean you lose the right to sue and recover compensation.

  • How Much Does a Product Liability Lawyer Charge?

    Most personal injury attorneys do not charge for an initial case evaluation. Moreover, when they take your case, they often work on a “no-win-no-fee” basis, also called a contingency agreement. However, it is best to address fees in the first meeting so you don’t get any nasty surprises and unexpected bills later.  

    Morgan & Morgan never charges you upfront. You pay nothing unless and until we win. We believe that all injured individuals deserve the best possible legal representation, regardless of their income.

  • We Fight Hard for Victims of Corporate Carelessness

    Getting justice can be a long and exhausting process when you suffer a medical device injury, such as lung damage from a CPAP machine. Large corporations can afford to throw a lot of money at defending product liability claims and usually have teams of lawyers on retainer fighting such cases day in and day out.

    Therefore, you need the best possible legal representation and tenacious lawyers who fearlessly fight the giants in the medical devices industry. Morgan & Morgan wants to get you results quickly because we know that injured individuals and their families need fast and fair settlements to pay for their medical bills and other injury-related expenses.

    Don’t struggle alone or hire the wrong lawyer when you could have America’s largest personal injury firm in your corner. Contact us now for a free case evaluation to determine your next best steps.

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