What Should I Do With the CPAP Recall?

What Should I Do With the CPAP Recall?

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What Should I Do With the CPAP Recall?

The flurry of personal injury commercials seems to appear more after the sun goes down than any other time of day. Nonetheless, the commercials educate viewers about the dangers of using a certain product, as well as what consumers can do if they are harmed by a product. One of the more common personal injury commercials addresses the harm caused by continuous positive airway pressure (CPAP) machines.

CPAP therapy addresses the physical issues that develop because of the compression of your windpipe while you sleep. A CPAP machine inflates the windpipe to increase the flow of oxygen. However, CPAP therapy might cause two significant issues that can cause you harm. First, the polyester-based polyurethane (PE-PYE) foam used to minimize sound and vibrations can break into pieces. The broken pieces find their way through a machine and into a sleeper’s respiratory system. Second, a Pe-PYE foam has the potential to release toxic chemicals into the bloodstream.

On June 14, 2021, Philips Respironics, which is the primary manufacturer of CPAP machines, issued a sweeping recall of the company’s ventilators and CPAP machines. Following the recall, a large number of victims that used a defective CPAP machine filed lawsuits seeking compensation for their injuries. The question we get from many of our clients involves what to do with the CPAP recall.

If you suffer from one or more injuries caused by a faulty CPAP machine, you might qualify to join a class action lawsuit or file an individual lawsuit seeking monetary damages. Before you take legal action by filing a civil lawsuit, you should speak with one of our experienced personal injury attorneys who specializes in litigating product liability cases. For more than three decades, the team of personal injury lawyers at Morgan & Morgan has helped clients recover more than $20 billion in monetary damages.

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  • What Should I Know About the CPAP Recall?

    On June 30, 2021, which was a little more than two weeks after Philips announced its large recall, the Food and Drug Administration (FDA) issued a safety communication. The purpose of releasing the safety communication involved "alerting people who use Philips Respironics ventilators, BiPAP, and CPAP machines and their health care providers that Philips Respironics has recalled certain devices due to potential health risks. The polyester-based polyurethane (PE-PUR) sound abatement foam, which is used to reduce sound and vibration in these affected devices, may break down and potentially enter the device’s air pathway."

    About three weeks after releasing the safety communication, the FDA issued a formal Class I recall of several Philips CPAP machines. A class I recall represents the most serious type of recall notice issued by the FDA. Using a Philips CPAP machine can cause serious injuries, as well as death. The FDA strongly urged consumers to stop using CPAP machines and instead, switch to a device that is not covered by the massive recall. According to the FDA, users of a Philips ventilator or CPAP machine should try alternative strategies to mitigate the negative impact of sleep apnea. Alternative strategies to minimize the negative impact of sleep apnea include stopping smoking, losing weight, undergoing a surgical procedure, and/or reducing or completely cutting out alcohol consumption.

    One of the answers to the question, “what to do with the CPAP recall,” is to register your Philips sleep apnea devices on the Philips Respironics recall website. The website provides updates on new information that helps users of Philips ventilators and CPAP machines make the right decision when treating sleep apnea. According to the FDA, the federal government agency continues to partner with Philips Respironics on the coordination of the recall, as well as implementing corrective measures to expedite the completion of the recall process.

  • Who Is Impacted by the Philips Respironics CPAP Machine Recall?

    What to do with the CPAP recall largely depends on the type of machine you have used. With Philips accounting for nearly two-thirds of the CPAP machine market, the recall impacts around four million devices that contain sound and vibration minimizing PE-PYE foam.

    The following devices that Philips manufactured before April 26, 2021, fall under the manufacturer’s recall notification.

    Continuous Ventilator

    • Trilogy 100Ventilator
    • Trilogy 200Ventilator
    • Garbin Plus, Aeris, LifeVent Ventilator

    Continuous Ventilator, Minimum Ventilatory Support, Facility Use

    A-Series BiPAP V30 AutoVentilator 

    Continuous Ventilator, Non-life Supporting

    • DreamStation ASV
    • C Series ASV, S/T, AVAPS
    • OmniLab Advanced Plus In-Lab Titration Device
    • DreamStation ST, AVAPS
    • SystemOne ASV4

    Non-continuous Ventilator

    • DreamStation Go CPAP, APAP
    • Dorma 400, 500 CPAP
    • REMStar SE AutoCPAP
    • SystemOne Q series
    • DreamStation CPAP, Auto CPAP, BiPAP

    Continuous Ventilator, Minimum Ventilatory Support, Facility Use

    • E30 (Under Emergency Use Authorization)

    If you are not sure whether your Philips CPAP machine falls under the large recall, check the Philips device registration and recall contact page. The page lists every CPAP machine Philips has recalled. Users and healthcare providers also can call 877-907-7508 for current information.

  • How Do I Replace a Recalled Philips CPAP Machine?

    Philips has stated the company has started an extensive repair and replacement program for every recalled ventilator and CPAP machine. On September 1, 2021, Philips received notice from the FDA that the company can replace the dangerous sound and vibration-resistant PE-PYE foam. Philips plans to replace the defective CPAP machines that are part of the recall in the United States with new DreamStation 2 models. In addition to repairing or replacing your CPAP machine, consult with your physician to discuss a different treatment plan for sleep apnea.

    If your sleep apnea has developed into a potentially life-threatening medical condition, your physician might suggest you continue using your recalled device if the healthcare benefits are greater than the risks. You can also order a new CPAP machine from another manufacturer.

  • What Are the Health Risks of Using a Recalled Philips CPAP Machine?

    Milder potential health risks of using a recalled CPAP machine include irritation of the skin, eyes, and respiratory tract. You might suffer from an occasional mild cough that can morph into strong constant coughing throughout the day. Chest pressure can change depending on the level of your physical exertion. If you work a physically demanding job and use a faulty CPAP machine, you might feel tremendous pressure on your chest. You also can contract a sinus infection, as well as feel a negative inflammatory response.

    More serious signs of health issues include damage to your organs, especially your liver and kidneys. Although Philips claims not one user has died because using a recalled CPAP device caused cancer, reports indicate the recalled CPAP machines can have a carcinogenic effect on users.

  • What Should I Do With the CPAP Recall?

    The FDA highly recommends that users of a Philips recalled CPAP machine speak with their healthcare providers to discuss different treatment options. You can stop your CPAP therapy treatment or at least slowly reduce your dependence on your device. Your healthcare provider should know where you can find another CPAP machine that does not fall under the recall. If you have suffered one or more injuries because you used a recalled Philips CPAP machine, you should contact a personal injury attorney who is familiar with the recall, as well as the product liability laws passed by your state legislature.

  • What Are the Possible Legal Arguments for a Product Liability Case?

    If you suffered one or more injuries because you used a recalled Philips CPAP machine, your product liability lawyer has three possible legal arguments to make when litigating your case. Your product liability attorney can invoke fraud, strict product liability, or negligence.


    When a manufacturer makes one or more false claims about a product, the manufacturer has committed fraud. In the case of the recalled Philips CPAP machines, it appears Philips Respironics did not make any false claims concerning the performance of its line of ventilators and CPAP machines. Product liability cases that involve fraud require the plaintiff’s attorney to demonstrate the defendant made false claims to entice the plaintiff to purchase a product.

    In the case of recalled Philips ventilators and CPAP machines, most of the plaintiffs filing civil lawsuits received a recommendation from their doctor to purchase a device that alleviates the symptoms of sleep apnea.

    Strict Liability

    Strict liability for a product defect is the most effective legal argument to make for a CPAP machine product liability lawsuit. Philips sold CPAP machines that were in a dangerous condition, as well as failed to add a warning label describing the possible negative health consequences of using the sleep apnea devices. If you suffered one or more serious health issues because you used a recalled Philips ventilator or CPAP machine, you might be able to claim strict product liability as the legal argument to use for a civil lawsuit.


    Your personal injury lawyer might make a strong case for negligence if Philips did not conduct extensive research into the use of the sound and vibration suppressing PE-PYE foam. Philips has a care of duty to ensure none of the components used to manufacture its products harm consumers. Proving negligence in a Philips recalled CPAP machine lawsuit might be difficult to do.

    Therefore, arguing strict product liability looks like the most effective legal argument to make during a civil lawsuit filed against Philips Respironics.

  • Get Legal Support Before You File a Civil Lawsuit

    If what to do with the CPAP recall includes filing a civil lawsuit against Philips Respironics, you should work with a highly rated personal injury lawyer who specializes in litigating product liability cases. Hiring a product liability lawyer who has a deep understanding of the CPAP machine recall process is an especially important attribute to consider. Experience is going to play a significant role in determining the outcome of the civil lawsuit you plan to file against Philips.

    At Morgan & Morgan, our considerable experience litigating product liability cases is just one reason why we attract new clients. We also have earned the reputation for providing responsive service for our clients that includes returning emails and phone calls in a timely manner. You deserve immediate responses to your questions and concerns, and our team of product liability litigators fulfills that responsibility

    You have a limited amount of time to file a lawsuit against Philips Respironics. Act with a sense of urgency today by scheduling a free case evaluation with one of the personal injury lawyers at Morgan & Morgan.

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