What Is the CPAP Machine Lawsuit Process?
As a medical disorder that disrupts sleep, sleep apnea can trigger chronic fatigue and a host of other symptoms. Serious cases of sleep apnea increase the risk of a stroke and heart attack. To alleviate the negative health consequences of sleep apnea, research conducted by sleep experts led to the development of a process called continuous positive airway pressure (CPAP) therapy. CPAP machines elevate air pressure in a sleeper’s windpipe by delivering a consistent flow of oxygen.
Philips Respironics represents the leading manufacturer of CPAP machines that help victims of sleep apnea to breathe normally. In June of 2021, Philips announced a massive recall of several ventilators and CPAP machines because of the possible harm the machines caused users. Philips used a polyester-based polyurethane (PE-PYE) foam to reduce the sound and vibrations generated by the company’s CPAP machines. However, the foam had the potential to break down and injure the user.
Following the recalls, many victims of faulty Philips CPAP machines filed lawsuits seeking monetary damages. If you suffered an illness or injury when using a Philips CPAP machine or any other type of CPAP machine, you might have a persuasive enough case to file a civil lawsuit against the manufacturer. Since a product liability case falls under the broader legal category of personal injury, you might be eligible to receive just compensation at the end of the CPAP machine lawsuit process.
Since 1988, the personal injury attorneys at Morgan & Morgan have recovered more than $7 billion in monetary damages for the clients we represented in personal injury cases. Because you have a limited amount of time to file a lawsuit against Philips or any other manufacturer of CPAP machines, you should act with a sense of urgency by scheduling a free case evaluation with Morgan & Morgan. One of our personal injury lawyers will review your case, as well as explain the CPAP machine lawsuit process
What Are the Possible Symptoms Caused by a CPAP Machine?
PE-PUR foam can cause two general types of injuries. The foam can fall apart and enter a CPAP machine before moving into a victim’s lungs. Second, PE-PUR has the potential to release toxic chemicals that enter a CPAP machine and move through a victim’s circulatory system. Either general type of injury can trigger one or more serious symptoms.
- Skin and eye irritation
- Sinus infection
- Damage to the liver and/or kidney
- Constant coughing
- Migraine headache
How Do I Get Involved in the CPAP Machine Lawsuit Process?
If you used one of the CPAP machines recalled by the federal government, you might qualify to file a civil lawsuit against Philips or another manufacturer. How much in monetary damages you recover depends on the seriousness of your symptoms.
Suffering only financial losses might limit your compensation to cover medical expenses and medical monitoring, which is future preventive health care. If you suffered physical injuries, your monetary damages might be considerably higher. For example, you can expect to receive less compensation for infrequent minor headaches than the compensation you receive for suffering from cancer symptoms.
You have two options for participating in the CPAP machine lawsuit process. You can participate in a class-action lawsuit by formally joining one. This option works best for plaintiffs that have to deal with limited financial losses. The second option is to file your own lawsuit under multidistrict litigation (MDL). You file a civil lawsuit, but because of the similarities with other cases, a judge might consolidate the similar lawsuits. This option works best for plaintiffs that seek monetary damages to recover the costs of treating severe physical injuries.
What Kind of Legal Argument Do I Make With a Product Liability Lawsuit?
Working with a product liability lawyer from Morgan & Morgan allows you to discover what kind of legal argument you should make during the CPAP machine lawsuit process.
Strict Product Liability
As the most common type of legal argument used during the CPAP machine lawsuit process, strict product liability requires your attorney to prove the manufacturer of the CPAP machine you used sold you a machine in dangerous condition and/or with an insufficient warning label. The manufacturer expected the machine to reach you without any changes made to the product. Finally, you must suffer from at least one injury caused by the defective CPAP machine.
Proving negligence requires your personal injury lawyer to demonstrate the defendant owed the injured plaintiff a reasonable duty of care. The defendant's actions violated the reasonable duty of care principle and the plaintiff suffered at least one injury. Your lawyer investigates your case to determine if the manufacturer committed an act of intentional or unintentional negligence.
Breach of Warranty
For a breach of warranty product liability case, the plaintiff must show the manufacturer did not honor the express or implied warranty associated with the defective CPAP machine.
Fraud cases focus on the claims made by the defendant that concern the effectiveness and performance of the product under legal scrutiny. The claims must be untrue, as well as the plaintiff knew the claims are untrue. Product liability cases that involve fraud also require the plaintiff to prove the defendant made the false claims to motivate the plaintiff to purchase the product. The defendant’s false claims must have damaged the plaintiff in some manner.
How Do I File a CPAP Machine Lawsuit?
The CPAP machine lawsuit process requires you to follow several steps.
Schedule a Free Case Evaluation
A product liability case such as the one concerning faulty CPAP machines requires the immediate legal support of an experienced personal injury attorney. During a free case evaluation, the lawyer sitting across from you spends time reviewing your case. The attorney should know beforehand that you want to file a civil lawsuit against the manufacturer of a defective CPAP machine. You can expect to answer several questions, including those that focus on the specifics of your case.
The best attorney for your case will recommend a course of legal action that might help you recover monetary damages.
File the Proper Court Documents
One of the most important responsibilities of a product liability lawyer is to ensure you file the proper legal documents before each deadline. Before filing a civil lawsuit, your attorney submits a complaint that lists the defendant and the specifics of your charges. The complaint describes the extent of your injuries, as well as the legal grounds for holding the defendant liable for causing your injuries.
After you file the CPAP machine complaint, the defendant must respond within a certain amount of time.
Exchange of Evidence
Referred to as the discovery phase of a product liability case, the exchange of evidence provides both parties with enough information to determine the likelihood of a civil lawsuit ending favorably. Exchanging evidence can lead to negotiations that produce a settlement that is agreeable to both parties. Discovery also allows your attorney to interview experts in the CPAP and sleep apnea industries.
Motions and Hearing Before Trial
If discovery fails to persuade both parties to negotiate a settlement, then the CPAP machine lawsuit process kicks off with a series of pretrial motions and hearings. Pretrial motions can include a formal request for the other party to hand over significant evidence, as well as attempting one more time to resolve the case before it reaches the trial phase. Your lawyer might file a motion for a summary judgment, which argues you will present indisputable facts that should motivate the judge to award immediate monetary damages.
If the CPAP machine lawsuit process reaches the trial phase, you can expect the trial to go through two stages. First, the judge or jury must decide whether the defendant should be held legally liable for your injuries. If the judge or jury rules in your favor, the judge or jury then determines how much you deserve in just compensation. Second, both parties have the right to file an appeal if they receive an unfavorable ruling. The judge sets the time and date for the first appeal hearing, as well as formally ends the proceeding for the civil trial.
What Are the Types of Compensation for Product Liability Cases?
The CPAP machine lawsuit process ends with a ruling issued by the judge or jury. Then, the final act of either a judge or jury is to award you monetary damages.
Compensatory damages refer to the economic damages that cover the costs of medical bills and lost wages. You submit copies of the bills for diagnostic testing, treatment plans, and physical therapy sessions. You also should request financial relief for assistive devices and prescription medication expenses.
General compensatory damages do not come with a receipt. Dealing with the impact of a faulty CPAP machine can trigger mental anguish and emotional distress. Your personal injury lawyer will calculate a reasonable value for general compensatory damages.
Punitive damages do not cover the costs of medical bills or lost wages, as well as pain and suffering. The awarding of punitive damages is to punish the manufacturer of the defective CPAP machine. If your case involved intentional negligence, your award for punitive damages might be substantial.
Take the Most Important Step
You have suffered serious injuries as a result of using a CPAP machine manufactured by a company such as Philips. Now, the time has come to take the most important step during the CPAP machine lawsuit process.
You need to reach out to one of the highly-rated product liability lawyers at Morgan & Morgan.
Our experience winning product liability cases for our clients is just one reason why you should schedule a free case evaluation. We have a thorough understanding of what can make a CPAP machine defective, as well as collect evidence that demonstrates the manufacturer designed an assistive device that caused serious injuries.
Our legal support ensures you meet every deadline for filing the correct paperwork, as well as you go to trial prepared to provide testimony that convinces a judge or jury to rule in your favor.
You have too much at stake to hire an inexperienced personal injury attorney. When you work with one of our lawyers, you pay nothing upfront for receiving expert legal advice and support.
Schedule a free case evaluation today to start the CPAP machine lawsuit process.