If you have sleep apnea, you understand how scary it can be to go to sleep at night. This condition causes your breathing to rapidly start and stop throughout the night causing chronic and, in some cases, fatal symptoms. To combat this and obtain peace of mind and a restful night’s sleep, you invested in a CPAP machine. Unfortunately, if you purchased a specific model and experienced adverse health issues as a result of nightly use, you may be eligible to join the Philips CPAP lawsuit that has occurred. Keep reading to learn more about this lawsuit and discover how a Broward County product liability lawyer can help you.
What Is the CPAP Lawsuit?
In nineteen models of CPAP and BiPAP machines produced by Philips Respironics, the foam material inside the machine can break down when the device is exposed to common elements like heat, moisture, sunlight, and other factors. This foam can then be ingested and inhaled by the user.
The foam used inside of the machine is PE-PUR or polyester polyurethane, which contains volatile organic compounds (VOCs). Many VOCs are known or suspected carcinogens and extremely toxic when someone is exposed to them.
Unfortunately, the FDA has reason to believe that Philips may have known as far back as 2015 that the foam used could easily break down and understood the health risks associated with breathing in or swallowing this degraded foam compound. However, they failed to remedy the problem or recall this product until June 2021.
Am I Eligible for Compensation?
You may be eligible for compensation if you’ve used one of the nineteen recalled devices nightly for six months and have suffered adverse health issues as a result. While it is unclear the full extent of the damage this foam can cause when inhaled, the list is expansive. Generally, you are likely eligible to join the lawsuit if you have suffered any of the following health conditions following the use of one of these recalled devices:
- Lung cancer
- Thyroid cancer
- Heart failure
- Chemical poisoning
- Non-Hodgkin lymphoma
- Prostate cancer
- Respiratory failure
- Liver damage
- Acute Respiratory Distress System (ARDS)
It is vital to understand that these are only a fraction of the illnesses and conditions that the use of these devices is believed to cause. You are likely eligible if you have suffered from severe injury or illness after using a Philips CPAP machine.
What Should I Do if I Was Injured?
If you’ve suffered due to one of these recalled machines, it’s imperative that you contact an experienced personal injury attorney as soon as possible. It is important to receive compensation for the medical bills you’ve endured as well as the pain and suffering you likely experienced due to this company’s failure to keep you safe.
The statute of limitations for product liability cases in the state of Florida is now two years under Florida’s new tort reform, meaning those injured will have until June 14, 2023, to file a lawsuit. It is imperative that you take action as soon as possible.
If you were injured by one of the nineteen recalled Philips Respironics CPAP machines, the Finizio Law Group is here to help. Contact us today to discuss the details of your experience with our dedicated legal team.
