Philips Lawsuits Are Based on 2 Violations
1. Design Defect
One of the reasons people were filing lawsuits against Philips is for the simple fact that the devices they sold to patients were defective and dangerous. The foam they used in the device is so dangerous that when it degrades it causes cancer. This alone might be enough of a problem for a lawsuit.
2. Failure To Warn
Not only did Philips use material in their medical devices that was incredibly dangerous, but they didn’t warn the public as soon as they became aware of the risks. There are allegations that users had been complaining of health issues as a result of the foam for years. At the very least, Philips became aware of the issue in April 2021, and didn’t issue a recall until the middle of June, 2021. This means that people continued to buy and use the machines for at least two months, despite the fact that Philips was well aware of the risks.
What Is a Cpap Machine?
A continuous positive airway pressure (CPAP) machine is the most commonly prescribed method for treating sleep apnea. This medical device sends a steady flow of oxygen into your mouth and nose while you sleep, which keeps your airways open and allows you to breathe more normally.
CPAP machines have motors that generate a constant stream of pressurized air which travels through an air filter and into a flexible tube. The tube delivers purified air into a mask that you seal around your nose or mouth while you sleep.
Which Machines Were Recalled
Philips ended up recalling millions of breathing machines because of the issue with the foam. In addition to recalling sleep apnea machines, other life-saving mechanical ventilators were recalled as well. The machines that were recalled include the following:
⦁ DreamStation Machines.⦁ Continuous Positive Airway Presure (CPAP) Machines⦁ Bi-Level Positive Airway Pressure (Bi-Level PAP)⦁ Mechanical Ventilators
What Is The Toxic Foam?
The toxic foam that was causing people severe health issues is polyester-based polyurethane. While people were using the machine, the foam began to degrade into very small particles that the users were breathing in or ingesting. The foam also produced toxic gases, which caused cancer, lung irritation, and organ damage.
How Long Have the Machines Been on The Market? When?
These damaging machines have been sold to patients since 2009, meaning some users have been exposed to the foam and gases for more than ten years.
Can I File a Lawsuit Against Phillips?
If you used any of Philips’ sleep apnea machines that they recently recalled, you may be eligible to file a lawsuit. It’s important to keep track of when you used the machine and how long you used the device for. Also take note of which device you used. Additionally, have you been diagnosed with cancer or any other type of health condition that you and your doctor believe is related to the device? If yes, you may have a valid legal claim against Phillips. Your best move is to contact Oliver Law Group right away for a free consultation. We can help determine if you have a viable claim or not. We can also help you obtain your medical records and figure out what you should do next
Alyson Oliver was recently appointed to the Philips Cpap MDL leadership role for the attorney fee/expense committee. Click here to read more.