Littleton CPAP Lawsuit

Littleton CPAP Lawsuit

Philips Respironics is a prominent manufacturer of CPAP breathing devices. After numerous complaints, the company issued a voluntary recall of millions of these machines in June 2021. Despite the recall, hundreds of cases of illness and injury have been reported since. As of January 29, 2024, Philips announced that it will halt all sales of affected devices until they can be deemed safe. Cases for personal injury from Philips CPAP machines are currently in review. If you or someone you know has been injured by a Philips CPAP machine, you may be entitled to compensation. The attorneys at Boesen Law are actively supporting Colorado citizens in the Littleton CPAP lawsuit, and we encourage you to call our office.

The Reason Behind the Littleton CPAP Recall

The first recall of the Philips CPAP machines occurred due to reports of irritation and difficulty breathing in a device that is supposed to alleviate such symptoms, not cause or worsen them. Other side effects initially reported were nausea, headache, and inflammation.

Upon investigation of mounting complaints, it was found that the foam lining in many of these machines was breaking down. The foam was intended to reduce noise and vibration associated with the CPAP devices, but it was prone to degradation in hot and humid temperatures. Small pieces of the foam and its chemicals were inhaled or swallowed, leading to the symptoms mentioned. Furthermore, the materials used to make the foam (polyester-based polyurethane) are toxic when inhaled/ingested and can cause certain cancers with prolonged exposure.

In addition to the foam breaking down, another reason behind the Littleton CPAP lawsuit is an issue with overheating: in a period of just over three months, the FDA received 271 reports of Philips CPAP machines overheating, with some even catching fire.

Finally, magnets located inside the masks were found to interfere with pacemakers and other medical implant devices, leading the FDA to designate the Philips CPAP recall as Class I. This is the most serious recall class and is assigned to products that can cause “serious adverse health effects or death.”

Philips Respironics CPAP Lawsuit Update

Despite the recall, over one hundred thousand reports of injury and over 500 deaths have been associated with the faulty CPAP machines. In September 2023, Philips agreed to a $479 million settlement related to economic damages caused by the defective CPAP machines. However, there have not yet been any court approved settlements related to personal injury caused by the devices.

The ongoing lawsuits against Philips Respironics are due to claims that the company knew or ought to have known about the health risks posed by their devices. Indeed, mounting evidence suggests the company was aware of foam degradation long before the recall, with a report filed in 2011 by a woman who found black dust on her face after using a machine.

Around 760 cases are currently in review related to claims of personal injury, including cancer, as well as violations of state consumer protection statutes, unjust enrichment, and breach of warranty.

What Should You Do If You Have a Recalled CPAP Machine?

If you are using a device that is on the Philips Respironic list of recalled machines (see below), discuss with your doctor immediately about whether or not you should continue to use it. If you have not already done so, register your device on the Philips website so you can remain informed of updates and repairs concerning your machine.

Even if your device is not listed as being recalled, register your non-recalled device here in case any new information regarding safety becomes available.

Make sure to collect any supporting documentation regarding injuries sustained by your Philips CPAP machine. This includes details regarding how often and how long you used it, any correspondence with the company of the FDA, and doctor’s notes related to the injury.

Who is Eligible for the Littleton CPAP Lawsuit?

Anyone who developed health-related issues while using a recalled Philips breathing device may be eligible for the Littleton CPAP lawsuit.

The complete list of recalled devices can be found here. Even if you do not see your device on this list, you may wish to consult with one of the qualified personal injury attorneys at Boesen Law. He or she can help you determine if you qualify for compensation via the Littleton CPAP lawsuit. Call or go online today to schedule a free case evaluation.

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