Philips breathing machine recall lawsuit investigation

Philips CPAP recall: Who’s affected? 

If you used a recalled Philips CPAP machine and were later diagnosed with oral, nasal or lung cancer or a lung injury, you may have a legal claim.

Philips, the maker of CPAP (Continuous Positive Airway Pressure), BiPap (Bilevel Positive Airway Pressure) and ventilator devices, announced a voluntary recall of more than 15 million devices in 2021 because a known defect could cause oral, nasal or lung cancer or a variety of lung injuries.  Call now before it is too late.

1. The US Food and Drug administration (FDA) has classified this as a Class I recall, the most serious type of recall used to stem the use of the most dangerous products.
2. The case against Philips is proceeding as a personal injury case as well as a class action.
3. Philips recently agreed to settle the economic loss claims against them, which relate to the value of the devices themselves and their client’s out of pocket expenses.  (This information is not in this link)
4. The personal injury cases are still being worked up for trial. 

What went wrong

The Philips CPAP recall is related to the polyester-based polyurethane (PE-PUR) sound abatement foam used in the affected devices. When the foam deteriorates, tiny particles and gases may be inhaled or ingested.

The Philips CPAP machines and ventilators affected by the recall include:

• E30 (Emergency Use Authorization)
• DreamStation ASV
• DreamStation SV, AVAPS
• SystemOne ASV4
• C Series ASV, S/T, AVAPS
• OmniLab Advanced Plus In-Lab Titration Device
• SystemOne (Q series)
• DreamStation CPAP, Auto CPAP, BiPAP
• DreamStation GO CPAP, APAP
• Dorma 400, 500 CPAP
• REMStar SE Auto CPAP
• Trilogy 100 Ventilator
• Trilogy 200 Ventilator
• Garbin Plus, Aeris, LifeVent Ventilator
• A-Series BiPAP V30 Auto Ventilator

Uses of the machines

CPAP machines use mild pressure to keep airways open while users sleep. They are also widely recommended for people suffering from sleep apnea, who “experience frequent breathing disruptions while sleeping. This often leads to daytime sleepiness and other symptoms associated with poor sleep quality like trouble concentrating and irritability,” according to SleepFoundation.org.

The machines may also be used for infants with underdeveloped lungs.

According to the National Heart, Lung and Blood Institute, long-term use in adults can prevent or control high blood pressure, lower the risk for stroke and improve memory and other cognitive function.

“It is estimated that 33 million U.S. adults use a CPAP machine, including President Joe Biden,” writes the National Council on Aging.

Another version of the machine is the BiPAP, which can be set to adjust to your breathing patterns in two settings, one for inhaling and one for exhaling, according to the Cleveland Clinic. These are also used to treat sleep apnea, and for patients with such chronic conditions as heart failure, chronic obstructive pulmonary disease (COPD), and for hypercapnic respiratory failure when too much carbon dioxide builds up in the blood.

Mechanical ventilators are used for patients in respiratory failure to move air in and out of lungs. They may be used with a mask or fitted with an air tube. They are used in hospitals, ambulances and in homes.

Side effects and injuries

Health risks alleged to be caused by the foam used in the recalled Phillips devices include:

• Oral, nasal, lung cancers
• Chronic asthma
• COPD
• Interstitial Lung Disease
• Pneumonitis
• Pulmonary Fibrosis
• Sarcoidosis

If you or a loved one developed health problems after using a Philips breathing device, you may seek legal help in applying for compensation to cover past and future medical expenses; past and future pain and physical and mental suffering; lost wages and other economic losses and punitive damages.

Please fill out the form on this page to see if you qualify for a FREE case evaluation.