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Philips CPAP Lawsuits

In June 2021, news broke about medical giant, Philips Respironics, announcing that they were recalling their CPAP, BiPAP, and ventilator machines. They stated the potential of patients being exposed to toxic chemicals as the reason behind the recall. 

However, records would reveal that the manufacturer might have known about this possibility years before going public or recalling the product from the market. 

Multiple individuals have since come forward, filing complaints, stating they suffered severe side effects, cancer, and serious or fatal injuries using these machines.

Philips CPAP Lawsuits

In June 2021, news broke about medical giant, Philips Respironics, announcing that they were recalling their CPAP, BiPAP, and ventilator machines. They stated the potential of patients being exposed to toxic chemicals as the reason behind the recall. 

However, records would reveal that the manufacturer might have known about this possibility years before going public or recalling the product from the market. 

Multiple individuals have since come forward, filing complaints, stating they suffered severe side effects, cancer, and serious or fatal injuries using these machines. 

On October 8, 2021, over 100 federal lawsuits against Philips Respironics got the green light from the federal judges. 

They passed the motion to consolidate these cases, appointing Senior U.S. District Judge Joy Flowers Conti to oversee the class-action claims. 

The subsequent paragraphs reveal everything you need to know about the Philips CPAP Lawsuits, affected devices, claims, and updates on the MDL.

How the Philips CPAP Device Functions

The Philips CPAP and BiPAP ventilator machines aid patients with breathing problems. The former keeps users’ airways open, ensuring a continuous and steady airflow via a mask. BiPAP also serves to aid breathing too, by opening a patient’s lungs using pressurized air introduced into their airways. 

Continuous ventilator devices help regulate a patient’s breathing mechanically. It introduces breathable gas containing a specified percentage of oxygen into the user’s airways. 

CPAP machines take air away from the room, pressurize it, and finally deliver it to a patient via a connecting tube. Its end is inserted in a mask over their face. 

Philips CPAP machines come in different models, each offering slightly different features and designs but performing the same functionality. 

For example, the DreamWear CPAP offers patients a high level of comfort. Users will hardly feel they have a mask on due to its open-face construction and flexible over-the-head frame. 

The manufacturer’s goal for designing these devices is to improve sleep quality in patients.

Who Can Use a Philips CPAP Machine?

Doctors mostly use them on patients diagnosed with obstructive sleep apnea or acute decompensated heart failure. In the former, it helps manage the scenario where users involuntarily stop breathing during sleep. 

Teenagers and children as young as two can also use these devices. 

Although they may have trouble adjusting to using one, medical experts recommend their usage to treat critical obstructive sleep apnea.

The Potential Dangers of the Philips CPAP Device

According to the Philips CPAP lawsuits, these devices harbor a potentially fatal danger that manufacturers failed to mention to patients or doctors. 

Their sound abatement foam, a polyester-based polyurethane (PE-PUR)  variant, degrades with formed fumes putting users at a high risk of developing cancer and severe respiratory issues. 

Most claims demand compensation for exposure to these injuries and the company’s negligence in warning patients upon discovering this defect. 

However, a handful of people aren’t towing this general lane, with these individuals requesting that Philips compensate them for the cost of replacing the recalled models. 

Injuries and Complications Plaintiff Claim in Philips CPAP Lawsuits

According to CPAP lawsuits, the abatement foam manufacturer Philips Respironics used in their ventilator machines leads to severe health problems in patients. 

This material degrades, with its fumes often leading to severe organ damage and cancer. 

Notable complications of Philips CPAP usage include: 

  • Acute Respiratory Distress System (ARDS)
  • Chemical Poisoning
  • Heart Attack
  • Heart Failure
  • Kidney/Renal Damage
  • Kidney/Renal Disease
  • Leukemia
  • Liver Damage
  • Liver Disease
  • Lung Damage
  • Lung Disease
  • Multiple Myeloma 
  • Non-Hodgkin Lymphoma
  • Papillary Carcinoma
  • Pleural Effusion
  • Respiratory Failure 
  • Reactive Airway Disease (RAD) 
  • Severe Ear Inflammation
  • Severe Nose Inflammation
  • Severe Throat Inflammation
  • Bladder Cancer
  • Brain Cancer
  • Breast Cancer
  • Hematopoietic Cancer
  • Kidney Cancer
  • Liver Cancer
  • Lung Cancer 
  • Lymphatic Cancer
  • Nasal Cancer
  • Prostate Cancer
  • Rectal Cancer
  • Stomach Cancer
  • Testicular Cancer
  • Thyroid Cancer

Symptoms of Exposure to the Philips CPAP Machine 

Philips Respironics got multiple reports from patients complaining about minor symptoms to health issues that could lead to permanent impairment or death.  

The U.S. Food and Drug Administration (FDA) has 21,000+ reports about the CPAP and BiPAP ventilator machines, with at least 124 deaths linked to its PE-PUR degradation. 

Here is a list of potential effects and complications plaintiff’s claim in their CPAP lawsuits: 

  • Airway inflammation and irritation 
  • Asthma attacks
  • Carcinogenic effects
  • Chest pressure
  • Cough
  • Eye, skin, and respiratory tract irritation
  • Frequent Dizziness
  • Headache
  • Hypersensitivity
  • Inflammatory response
  • Severe damage to organs such as the kidney and liver. 
  • Sinus infection
  • Upper airway irritation

Philips CPAP Recall

In June 2021, medical supply firm, Philips Respironics, announced the recall of its CPAP and bi-level (BiPAP) non-invasive ventilation machines. 

The entity went on to state that one of the constituents in these devices, PE-PUR foam, could lead to users swallowing or inhaling toxic fumes and black particles during its degradation. 

Philips would reveal that it planned to replace or repair affected devices in the recall. However, an FDA report suggests that the new foams in the revamped CPAP and bi-level (BiPAP) ventilation machines also held an alarming health risk. 

Potential Chemicals Produced By Degraded Foam in Philips CPAP Machines

Philip’s laboratories performed tests on the abatement foam used in their devices, indicating that it produced the following toxic chemicals during decay:

Toluene Diamine 

  • Uses: Production of sensitizers for explosives, hydraulic fluid, dyes, and polyurethane. 
  • Adverse Health Effects: Toxicity, organ damage, genetic defects, damaged fertility, skin reactions, and cancer. 

Toluene Diisocyanate

  • Uses: Production of foams and coatings
  • Adverse Health Effects: Fatality, eye damage, respiratory problems, cancer, and skin irritation

Phenol, 2,6-Bis (1,1-Dimethylethyl)-4-(1-Methylpropyl)

  • Uses: production of other chemicals
  • Adverse Health Effects: Same as others

Dimethyl Diazene 

  • Uses: Production of other chemicals
  • Adverse Health Effects: Skin and organ damage. 

Diethylene Glycol 

  • Uses: Production of other chemicals
  • Adverse health effects: Toxicity, eye irritation, skin irritation, and mucous membrane irritation. 

Philips Respironics Stance on Recalled CPAP Devices

Manufacturer Philips Respironics stated that its recall was voluntary due to its concern for patient safety. 

It revealed that the health complaint rate on affected devices was just about 0.03% in 2020 and attributed the catalyst factors for exacerbating foam degradation to the following:

  • The use of unapproved cleaning agents such as ozone cleaners 
  • Exposure to high humidity 
  • Exposure to high temperature

An inspection report, authorized and performed by the FDA, revealed contradictory data to Philip’s 0.03 health complaints claim, suggesting that this figure was significantly larger and concerning. 

Philip Respironics’ Current Guide for Using Recalled Devices

Philips Respironics recommends that patients currently using affected CPAP, BiPAP, or ventilator machines should seek qualified medical opinions for the best options for continued treatment. 

However, in scenarios where the risk associated with stopping the treatment pales in comparison with the benefits of continued treatment, the patient, with the discretion of their medical team, may decide not to comply with the recall. 

Such situations could involve any of the following:

  • Unavailability of alternate ventilator options 
  • Limited access to alternate ventilator options 
  • Disruption can be fatal or unacceptable 

Manufacturers May Have Withheld CPAP and BiPAP Ventilation Machines Risk From the Public

  1. The FDA investigated the recalled models, revealing that Philips Respironics may have known about this risk since 2015. 

    The manufacturer knew that the PE-PUR foam in its ventilator devices could degrade. 

    Philips Respironics, in 2021, attributed some of the PE-PUR foam degradation cases to the patients using ozone cleaning machines such as the SoClean models. 

    These accusations didn’t go down well with the latter company, as they would go on to sue the ventilator device manufacturer. 

    SoClean later amended its complaints in December 2021, referencing the FDA’s report in its complaint. 

    They accused Philips Respironics of knowing the alarming dangers of its devices for years, its negligence in revealing this information to the public and attempting to slander its reputation. 

    Unsealed Court documents in June 2022 would also confirm that Philips Respironics knew about the risks and dangers of its PE-PUR foam degradation for years before making the recall.

    Philips Respironics would also release a statement in the same month, updating the public about its PE-PUR foam research. 

    The firm reaffirmed its stance on ozone cleaners being the main agent responsible for the deadly degradation. CPAP and BiPAP ventilator machines exposed to these agents were 14 times more likely to undergo the reaction. 

    The FDA hasn’t provided an update on CPAP and BiPAP usage, nor has the agency reacted to Philips Respironics June 2022 testing update. 

Philips CPAP Models Affected By the Recall

Here’s a list of recalled Philips devices indicating their models and use: 

Continuous Ventilators

  • A-Series BiPAP A40
  • A-Series BiPAP A30
  • A-Series BiPAP Hybrid A30 (marketed outside the U.S.) 
  • A-Series BiPAP V30 Auto
  • C-Series ASV
  • C-Series S/T and AVAPS
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • OmniLab Advanced+
  • SystemOne ASV4
  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LifeVent

Noncontinuous Ventilator

  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto
  • SystemOne (Q-Series)

Philips CPAP Lawsuits Settlement

The Philips CPAP and BiPAP lawsuits are still in the initial stages of litigation and are currently without a jury verdict or settlement. 

However, many lawyers suggest a settlement, if any, ranging from $500000 — $100000. These figures are significantly speculative, and until the bellwether trials begin, plaintiffs won’t get an accurate value estimation of settlement amounts. 

Bellwether trials are test trials the judiciary system uses in MDLs. It’s ineffective to perform hearings on each case due to their high numbers, so plaintiffs and defendants get to pick a few from the bunch. 

Selected picks, called bellwether trials, subsequently serve as a yardstick to provide a ruling on other cases.

Do You Qualify to File a Philips CPAP Lawsuit?

If you’ve been exposed to the toxic chemicals from the abatement foam of Philips recalled devices and experienced the symptoms or injuries listed, you’re eligible to file a lawsuit against the manufacturer. 

People who’ve also lost their loved ones from incurred injuries from this device also qualify to take this legal action. 

These injuries include cancer, organ damage, and respiratory issues due to using the recalled Philips Respironics CPAP, Bi-PAP, or ventilators. 

You can contact a reputable law firm if you’re unsure about your eligibility to file a claim. 

These attorneys will evaluate vital Philips CPAP lawsuit information attached to your case at no cost.

Top Questions Attorneys Might Ask Philips CPAP Recipients

Which Philips CPAP Model Did You Use? 

You’ll need to provide information on the recalled Philips Respironics device used. The brand and model are some of the info your lawyer might want to know. You can get any necessary data from your doctor or ask your attorney to help. 

Did You Retain the Philips Respironics Device? 

You must retain your respiratory device as this machine would serve as evidence during a potential trial. 

Speak with your lawyer if your supplier requests that you provide the recalled CPAP, BiPAP, or ventilator. 

What Injuries or Side-Effects Have You Experienced Using this Device? 

Attorneys will ask you about any serious injury or side effects you’ve suffered from using your Philips Respironics device. 

These effects include organ damage, respiratory issues, or cancer. It’s best to prepare your medical records or ask your doctor to provide you with one in this scenario. 

What Are Your Symptoms? 

Some of the symptoms plaintiffs claim their client suffered due to exposure to the toxic fumes from the abatement foam include headaches, respiratory issues, and dizziness. 

Do you experience any of these problems? Be sure to let your attorney know if you do.

Why Do You Want to File a Philips CPAP Lawsuit? 

Provide your lawyer with why you wish to take legal action against Philips CPAP device manufacturer. Also, you’ll need to state what damages you want settlement for, such as lost wages, medical expenses, pain, and accountability on the company’s part for manufacturing and marketing a defective device. 

Final Thoughts

More people are filing claims against Philips due to injuries and complications from their recalled CPAP, BiPAP, and ventilator machines. 

You can also file a case against this manufacturer if your doctor’s diagnosis reveals you or your loved one has any of the listed severe organ damage, cancer, or side effects from using these devices.

See If You Can File

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