Philips CPAP lawsuits claim that the use a variety of Philips CPAP machines can lead to lung injuries and even cancer.
Our law firm represents people who have used Philips CPAP and have been diagnosed with lung cancers or other serious conditions.
Since 1955 we have been handling medical device manufacturer lawsuits. We train 1,500 attorneys each year how to effectively handle these cases. We are listed in Best Lawyers in America (USA) and The National Trial Lawyers Hall of Fame (USA).
Philips declared a voluntary recall today for several Philips Bilevel Positive Airway Pressures, Continuous Positive Airway Press (CPAP), mechanical ventilators and other devices.
This recall is due to the potential health risk that company identified in their devices’ polyester-based Polyurethane (PEPUR) sound abatement Foam component. This component can easily disintegrate or gas, which could cause users to inhale/ingest harmful and possibly even carcinogenic substances. The devices that were recalled include the DreamStation family of products.
Philips made the first public announcement about the negative foam-related effects its CPAP- and Bi-Level-PAP-related problems in its first-quarter 2021 report. Philips found that PE-PUR foam could be degraded into particles after testing and reporting. These particles can then travel through the device’s atmosphere and enter the user’s lungs. Some chemicals can be off-gassed from foam.
Philips stated that unapproved cleaning methods (including ozone) can accelerate foam degradation. Philips states that the environmental conditions include the climate and temperatures in the areas where the devices are kept, as well as the humidity and temperature caused by patients using them.
The CPAP Users Manual, which covers most of the affected medical products in the DreamStation product range, failed to warn about these potential health dangers.
There have been many developments in litigation since Phillips June 2021 voluntary recall of most of its CPAPs, Bi-Level and ventilators.
First, the U.S. Food and Drug Administration have now declared this recall a Class I recall. The most serious type of recall due to health risks. The polyester-based, polyurethane (PEPUR) sound-absorption foam that reduces vibration and sound in affected devices may eventually break down and enter the device’s lungs. Persons using the device could inhale or swallow black debris from the foam, or chemicals. FDA reported that the FDA has classified this recall at around 10 million units, compared with the previous 4-5 Philips.
Second, on September 30th 2021, the Judicial Panel of Multi-District Litigation(JPML), heard oral arguments regarding consolidation of litigation.
Multi-District Litigation, also known as civil judicial procedure, is a civil procedure that can contain two components. It can include a class-action side and a side for personal injury. Each plaintiff in the personal or mass tort case has a different claim. This means that each settlement, should it occur, will be unique. If a settlement is reached, the plaintiffs in class action lawsuits will file as a single group. Individuals who are part of that group share a portion of a lump-sum payment.
