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By: Krause LawFebruary 8, 2024
Philips CPAP Lawsuit: What Harmed Veterans Need To Know About Their Rights
Are you a veteran concerned about the Philips CPAP lawsuit whose medical device was recalled?
Philips Respironics produced sleep apnea machines called CPAP and BiPAP machines, which used toxic sound-abatement foam components to reduce sound. Many of these medical devices were provided to veterans by the Department of Veterans Affairs. At least some of these veterans were reportedly harmed by the recalled machines, which caused permanent injury and death.
If you are a veteran harmed by Philips sleep apnea machines, you may be eligible for a lawsuit against the producer. Keep reading to learn more.
This article cuts straight to the issue, detailing why certain Philips Respironics ventilators have been recalled, which specific models are affected, the serious health risks associated, and what critical actions you must take if you are impacted.
Stay informed and safeguard your health with the essential information ahead.
If you believe you were harmed by a Philips Respironics machine, please call us with any questions about your rights. (612) 888-9567. As a law firm focused on veterans rights, we have a unique perspective on how best to advocate for veterans facing these challenging issues.
Key Medical Device Lawsuit Takeaways
Philips Respironics issued a voluntary recall for certain respiratory devices manufactured between 2009 and April 26, 2021, due to health risks posed by degrading sound abatement PE-PUR foam.
The FDA designated the recall as Class I, indicating a serious risk of injury or death, and affected device users should consult with healthcare providers and consider legal action for compensation.
Philips Respironics has committed to remediating affected devices by repair or replacement and has settled lawsuits without admitting fault, providing substantial potential compensation to users.
Veterans harmed by the Philips CPAP machines were supposedly notified by the Department of Veterans Affairs, which published a notice.
Overview of the Philips CPAP Recall
In a shocking development, Philips Respironics issued a voluntary recall for certain Philips respiratory devices, including Continuous Positive Airway Pressure (CPAP) devices, also known as CPAP machines, BiPAP, and Mechanical Ventilator devices, also known as breathing machines. The recall, which affects devices manufactured between 2009 and April 26, 2021, is due to a concerning issue with the PE-PUR foam used in these devices.
The PE-PUR foam, which serves as a sound abatement component, is prone to degradation, leading to potential health risks. If the foam degrades, it can release certain toxic chemicals or result in particulate inhalation, which can lead to serious health problems, including carcinogenic effects.
Affected devices include the popular DreamStation and SystemOne series, among others. Veterans using these devices should comprehend the seriousness of this recall and act accordingly.
The Urgency of the Class I Recall by the FDA
The Food and Drug Administration (FDA) classified this recall as Class I, the most severe type of recall. This classification means that the recalled devices have a reasonable probability of causing a serious injury or even death. It is crucial to stay informed about medical device recalls to ensure patient safety.
The situation’s urgency is undeniable. Recognizing the severe health risks of using a recalled device is a must for you or your loved ones. This isn’t just another product recall; it’s a matter of life and health.
Identifying Your Sleep Apnea Recalled Philips Device
So, how do you identify if the recall affects your Philips Respironics device? The first step is to check the serial number against the recall list on the Philips website. The recall affects all Philips device serial numbers manufactured before April 26, 2021.
However, it’s worth noting that not all Philips devices are part of the recall. Devices like the Trilogy Evo and DreamStation 2, among others, are not affected due to different sound abatement foam materials or designs.
Discovering your device is part of the recall calls for registering your equipment on the Philips website to start remediation. This action is paramount in obtaining a replacement or repair for your device.
Health Risks Associated with Recalled Devices
The health risks associated with sleep apnea and the recalled devices, used for treating obstructive sleep apnea, are far from minor. The recalled Philips Respironics CPAP, BiPAP, and other breathing assistance devices have been connected to at least 561 deaths and multiple cases of severe health issues.
Prolonged exposure to the degraded foam in the recalled devices can lead to toxic effects on organs such as kidneys and liver. Worse still, various types of cancer, including lung cancer and adenocarcinoma, have been reported.
Symptoms of Exposure
If you’ve been using a recalled device, you might be wondering about the symptoms associated with exposure to the degraded foam components. These symptoms can range from:
irritation to the skin, eyes, nose, and respiratory tract
nausea or vomiting
Moreover, exposure to the degraded foam can trigger an inflammatory response, an indicator of the immune system’s reaction to the material. Long-term health risks associated with inhaling chemicals from the PE-PUR foam also include respiratory issues such as asthma or lung inflammation, toxic and carcinogenic effects, and adverse effects on the liver and kidneys.
Legal Actions: MDL and Settlement Progress
In response to the recall, users affected by the Philips CPAP devices took legal action against the company. These legal actions have been consolidated into Multi-District Litigation (MDL-1230) in the Western District of Pennsylvania. This means individual lawsuits are transferred and undergo a similar process.
The legal actions against Philips are based on several allegations, including defective design, manufacturing defect, and failure to provide adequate warnings. Moreover, there are claims that Philips knew about the risks associated with the sound abatement foam since 2009 but failed to act accordingly.
Potential Compensation for Affected Users
In light of these legal actions, Philips reached a settlement agreeing to pay at least $479 million to compensate affected users. However, this settlement is under the condition that they do not admit any liability, wrong, or fault.
The potential compensation for affected individuals can be quite substantial. Economic damages claimable under the lawsuit include:
The cost of the defective machine
Medical and future medical costs
Loss of future earning capacity
Moreover, damages for pain and suffering, emotional distress, and loss of life enjoyment can also be sought.
Steps to Take Following a Recall Notification
Receiving a recall notification for your Philips device requires immediate action. The first step is to consult with your healthcare provider immediately to evaluate alternative treatment options for your condition.
Healthcare and legal experts also advise affected individuals to consider stopping the use of their CPAP and BiPAP devices. Contacting a law firm to discuss filing a lawsuit for financial compensation should also be considered.
How to Report Issues with Recalled Devices
Communicating problems encountered with a recalled Philips medical device is an indispensable step in this process. Not only does it help you seek redress, but it also contributes valuable data for the FDA’s post-market surveillance for the medical device’s benefit-risk assessment.
You can report these issues through the FDA’s MedWatch Voluntary Reporting Form. This will help inform safety data and regulatory oversight. Healthcare personnel should also follow their facility’s established reporting procedures for device issues to ensure compliance with the FDA’s reporting requirements.
Philips’ Response to the Recall Crisis
Philips Respironics reacted to the recall crisis by implementing several measures to tackle the situation. The company has successfully remediated 99% of actionable sleep therapy device registrations around the world as part of the recall effort. This demonstrates their commitment to addressing the issue promptly and effectively. The remediation plan involves either repairing or replacing the affected devices at no cost to the users. This service is being offered as a gesture of goodwill..
Philips has taken the following actions in response to the issue with DreamStation CPAP and Bi-level devices:
Providing a replacement device or repairing affected devices
Creating new designs with silicone foam
Expanding manufacturing and service capacity to meet demand for remediation
To stay informed about the recall, Philips Respironics has been providing recall updates and patient safety information through their official website. They encourage patients and healthcare providers to stay updated on the latest developments.
To sum up, the Philips CPAP recall is a serious issue that has far-reaching implications for users, particularly veterans. The recall, due to the degradation of PE-PUR foam, has led to serious health risks, including various types of cancer and respiratory issues. Users are advised to identify if their device has been recalled, understand the associated health risks, take appropriate steps following a recall notification, and report any issues to the FDA. Legal actions against Philips have consolidated into an MDL, with a settlement for compensation underway. Philips has responded to the crisis by remediating the majority of the affected devices and providing updates through their official website.
Frequently Asked Questions
Which Philips CPAP models are recalled?
The recall includes several models of Philips CPAP machines. It is important to check if your device is affected.
How do I check my Philips recall status?
You can check your Philips recall status by visiting the Phillips Respironics Recall Website and filling out the registration form with your information. You will then receive updates about the recall and your replacement device status.
How much will I get from CPAP lawsuit?
It is difficult to say how much harmed veterans participating in the MDL may be eligible to receive until the bellwether lawsuits are completed.
Can you still use a recalled CPAP machine?
If you have a recalled CPAP machine, it’s important to consult with your doctor before deciding to stop using it, as the risks of discontinuing therapy could outweigh those of using a recalled device.
What health risks are associated with the recalled devices?
The recalled devices have been linked to serious health risks such as cancer, pneumonia, asthma, and respiratory problems, leading to symptoms like cough, difficulty breathing, dizziness, and chest pain. Take necessary precautions and seek medical advice if experiencing these symptoms.
If you believe you were harmed by a Philips Respironics machine, please call us with any questions about your rights. (612) 888-9567.