If you have used a CPAP machine and suffered injuries or illness because of it, you may want to consider filing a lawsuit against its maker Philips Respironics. Because of the possible health risks the machine may present, the company has recalled some CPAP machines, BiPAP, and mechanical ventilators. It has been discovered that the devices include sound-reducing polyester-based polyurethane foam that has serious effects. The foam can degrade and break down into particles that will get into the air pathway of the machines and become inhaled by those who use them. When inhaled, these carcinogenic materials can lead to several health issues including cancer, acute inhalation injury, chronic asthma, autoimmune disorders, COPD, chronic bronchitis, heart failure, and more. Shouse Law Group is available to help customers who want to file a lawsuit against Philips.
What the Company Says
The company announced in June 2021 that it was voluntarily recalling its polyester-based sound abatement foam components. According to the company, foam degradation can be exacerbated because of unapproved cleaning methods, including ozone. Also, they explain how humidity and temperature levels in some areas could cause problems with their machines.
What the Complaints Allege
According to complaints made by those who used the sleep apnea machine, the company knew about the significant and material risks from the devices long before they recalled its products. Also, they allege that those who used the defective machines complained about black particles in them for a lot of years; however, the company failed to warn the public about them until late April and recalled the machines only on June 14.
Lawsuits filed by affected users seek to recover damages they suffer after using the CPAP devices. Affected customers want the company to replace their machines free of charge with effective and safe versions.
Lawsuit Settlement and Verdicts
Plaintiffs in a CPAP machine lawsuit may be eligible for damages in the form of a lawsuit settlement or jury verdict. A settlement is possible when both parties reach an agreement and avoid going to court. This allows the defendant to get compensation sooner. Victims who don’t want to settle will continue to court. In this case, jurors or judges will heart the lawsuit and reach verdicts on the awards. Victims of the sleep apnea device recall can recover compensatory damages such as medical expenses, past and future lost wages, as well as pain and suffering. But, they need the right attorney to help them with the processes involved.