Philips CPAP Lawsuit in Texas [2022]
On June 15, 2020, a class action lawsuit was filed against Philips Respironics, alleging that the company's CPAP machines are dangerously defective and have caused serious injuries to users. The problem with nearly 4 million CPAP breathing machines that Philips recalled is that they use a type of black foam known as Polyester-Based Polyurethane (PEPU), which has been found to disintegrate into tiny particles or toxic gases that users breathe. When particles of black form are breathed in users have report experiencing headaches, dizziness nausea, vomiting, airway irritation, and toxic and cancer-causing effects.
If you or someone you know has been injured by a Philips CPAP machine in Texas, Louisiana, or Oklahoma, you may be eligible to join the mass tort lawsuit.
On this page you'll learn about the new Philips CPAP mass tort lawsuit, the latest updates on the CPAP class action here in 2022, and the possible settlement amount in these new CPAP machine lawsuits.
Frequently asked questions:
What is the Philips CPAP lawsuit?
Phillips safety recall of 4 million breathing machines, which includes the DreamStation and other CPAP devices, has already prompted CPAP lawyers to file lawsuits for people who used these devices and suffered adverse health consequences. Specifically, CPAP use has been shown to increase the risk for various inflammatory responses, headaches, asthma, vital organ damage, and toxic carcinogenic effects that would include cancer.
In most mass tort cases, the hard part is proving that the product causes injury. That will not be a problem in the CPAP lawsuit. Philips was aware of the problems with foam inhalation in its sleep apnea machines for a long time before it eventually issued its safety notice and recall in June 2021. According to internal documents, Philips was warned as early as October 2019 that the foams used in its CPAP machines were emitting harmful chemicals, including Toluene Diamine, Toluene Disocyanate, and Diethylene Glycol. Despite these warnings, Philips continued to sell and distribute these machines without any warning to consumers. As a result, thousands of people have been exposed to these dangerous chemicals.
More CPAP recall lawsuits are expected to follow due to Philips early admittance of liability and failure to warn consumers. If you used a Philips sleep apnea machine for six months or longer and have been diagnosed with a respiratory condition, lung damage, or cancer, you may be eligible to join the lawsuit and receive significant financial compensation.
What is sleep apnea?
Sleep apnea is a condition that causes people to stop breathing for brief periods during sleep. It can happen dozens or even hundreds of times each night, and it can have a serious impact on health. People with sleep apnea often snore loudly, and they may wake up feeling tired even after a full night's sleep. Sleep apnea can lead to high blood pressure, heart disease, stroke, and other problems. There are two main types of sleep apnea: obstructive sleep apnea and central sleep apnea. Obstructive sleep apnea occurs when the airway is blocked by soft tissue in the back of the throat. Central sleep apnea happens when the brain doesn't send signals to the muscles that control breathing.
What is a CPAP machine?
A continuous positive airway pressure (CPAP) machine is a form of positive airway pressure (PAP) ventilation that aims to prevent upper airway collapse, or "sleep apnea" by proving a greater pressure to the upper raspatory tract then the normal atmospheric levels in any given room or space. Sleep apnea is a condition where you stop breathing for short periods of time during sleep. This can happen many times throughout the night and can lead to poor sleep quality and other health problems. A CPAP machine helps to keep your airway by providing additional air pressure open so that you can breathe properly during sleep. The machine delivers air through a mask that you wear while you sleep. Although it may take some time to get used to wearing a CPAP mask, the machine is usually very effective at treating sleep apnea and improving sleep quality.
Which CPAP machines were recalled?
In June 2021, Philips Respironics announced a voluntary recall of certain ventilators, bi-level positive airway pressure (BiPAP), and continuous positive airway pressure (CPAP) machines due to potential health risks. The affected models include;
A-Series BiPAP Hybrid A30
A-Series BiPAP V30 Auto Ventilator
A-Series BiPAP A40
A-Series BiPAP A30
C Series ASV, S/T, AVAPS
DreamStation (CPAP, Auto CPAP, BiPAP)
DreamStation Go (CPAP, APAP)
DreamStation ASV
DreamStation ST, AVAPS
Dorma 400, 500 CPAP
E30
Garbin Plus, Aeris, LifeVent Ventilator
OmniLab Advanced Plus In-Lab Titration Device
REMstar SE Auto CPAP
SystemOne (Q Series)
SystemOne ASV4
Trilogy 100 Ventilator
Trilogy 200 Ventilator
If you have one of these sleep and respiratory care devices, you should stop using it immediately and contact Philips Respironics for a replacement. To find our if your device has been recalled, locate the serial number and impute the number on Phillips website to learn of its possible medical device recall information.
How long have defective machines been on the market?
It's been more than ten years since Phillips first started selling CPAP machines with defective foam padding, and many users are still unaware of the dangers they may be facing. The foam in these machines can deteriorate over time, releasing harmful chemicals and gases into the air. Although Phillips has recalled several models of CPAP machine, but many of them are still in use. If you or someone you know uses a Phillips CPAP machine, it's important to stay informed about the risks. Defective CPAP machines can pose a serious threat to user health, and it's important to be aware of the dangers they may pose and exchange the dangerous device for a safe model.
Do I qualify to join the CPAP lawsuits?
You can qualify to file a claim against Phillips and join the ongoing lawsuit if you used a device on the recalled list and suffer from any of the following symptoms or chronic health conditions:
Airway inflammation
Acute Respiratory Distress System (ARDS)
Acute kidney injury (AKI)
Acute liver injury
Asthma
Breast cancer
Bronchitis
Cough
Chest pressure
Colon cancer
Dizziness
Headache
Esophagus cancer
Hematopoietic cancer
Hypopharyngeal cancer
Interstitial lung disease (ILD)
Kidney cancer
Laryngeal cancer
Leukemia
Liver cancer
Lung cancer
Multiple myeloma
Myeloid leukemia
Nasal cancer
Nasopharyngeal cancer
Organ damage
Oropharyngeal cancer
Papillary carcinoma
Paranasal sinus cancer
Prostate cancer in patients under 50
Pulmonary fibrosis
Rectal cancer
Recurrent pneumonia (4 or more times in one year)
Sarcoidosis
Sinus infection
Scarring of lungs
Severe or chronic asthma
Sinus cancer
Soft palate cancer
Stomach cancer
Testicular cancer
Throat cancer
Thyroid cancer
Tonsil cancer
If you or your loved one experienced any of the health issues mentioned above after using a Philips CPAP machine, you may be entitled to compensation and should fill out our intake form to have an attorney contact you immediately.
How can I file a CPAP claim against Phillips?
If you used a Philips sleep apnea machine that was recalled, you may be eligible to file a lawsuit. The first step is to keep track of when you used the machine and how long you used it. Additionally, note which device you used. If you have been diagnosed with cancer or any other health condition that you believe may be related to the device, this is important information to share with an attorney.
Even if you have not been officially diagnosed any health impairment, contact Sneed & Mitchell for a free consultation. Our CPAP lawsuit lawyers can help determine if you have a viable claim against Phillips and assist you in filing a claim for compensation for your injuries.
Is it worth it to file a mass tort claim Phillips?
There is significant monetary value in filing a mass tort claim against Phillips for injuries and damages you may have experienced due to your use of a CPAP machine. Mass tort litigation is a type of civil lawsuit that allows a large groups of people who have been injured by a common product or action to file a joint lawsuit against the liable entity. Filing claims against Phillips allows victims to recover for physical, economic, or psychological impacts caused the ingestion and inhalation of the degraded polyurethane foam particles. Mass tort litigation against Phillips has a number of advantages over traditional civil lawsuits. First, the time of claims allows the parties to pool their resources in order to mount a more effective legal claim. Second, unlike a standard class action lawsuit, each claim filed by a CPAC victim functions as a separate damages, allowing for a larger recovery for each claimant.
What is the latest news on CPAP lawsuits in 2022?
The Philips CPAP multi-district litigation (MDL) proceedings are still in its early stages, but several of the cases are expected to go to a jury trial. On October, 8, 2021, the Judicial Panel on Multidistrict Litigation (JPML) granted a motion to consolidate more than 110 federal CPAP lawsuits against Philips. The panel of seven sitting federal judges selected Senior U.S. District Judge Joy Flowers Conti in Pittsburgh to handle the class-action claims. They also agreed that the MDL should include personal injury cases.
These early trials, also called "bellwether trials", will be important in setting the stage for settlement talks with the remaining plaintiffs. The outcomes of the trials will have a direct impact on the size of the settlements. If the jury awards large verdicts, the settlements are likely to be significant. If the jury awards small verdicts, the settlements are likely to be more modest. Either way, the bellwether trials will be crucial in determining how the Philips CPAP MDL ultimately resolves.
As of April 17, 2022, our law firm continues to evaluate and accept 3M cases daily to ensure our clients are claims are properly filed and in-line to obtain compensation. f you or your loved one has used a Philips CPAP machine and suffered any health complications, call our law firm today for a free case evaluation.
How long will the CPAC lawsuit take to settle?
Mass tort product liability cases can be complex and lengthy, often taking years to resolve. This is certainly the case with the CPAP and sleep apnea litigation, which is still in the early stages. Based on prior mass tort cases, we anticipate that it will be at-least three or four years before a global settlement is reached. However, the clients that file claims first are able to secure a position within the first rounds of settlement. Tens of thousands of claims have already been properly filed, within many more being filed each day. For this reason, although there is not a settlement in sight at the moment, filing a claim as soon as possible is important to ensure you are compensation as quickly as possible.
What factors can effect my settlement?
The range of compensation any individual military servicemen is entitled to recover depends on the facts of a specific circumstance.
Several factors separate one 3M claim from another, including;
the severity of auditory damage or hair cells
the extent of medical treatment
whether hearing aids are needed
surgery costs
medical bills
economic expenses
permanent hearing loss damage
future medical needs
emotional trauma
economic impact
Contact Sneed & Mitchell LLP if developed any form of hearing damage. We will review the situation, determine if 3M is liable for the impairment you're experiencing, and estimate the degree of economic and non-economic impact in your situation.
How do I find a CPAP Lawsuit lawyer?
Finding a lawyer with experience handling CPAP mass tort claims can be difficult, but it's important to find someone who is familiar with the unique challenges of these cases. Here are some tips for how to find a lawyer that specializes in these mass tort claims:
To find the best mass tort lawyer for your claim you should search for a law firm with:
Free Confidential Case Evaluations: In mass tort claims, your case evaluation should always be free. During this evaluation, the lawyer will review the circumstances of the accident and discuss your legal options.
Product Liability Knowledge: You need to search for an attorney who has handled a large number of defective product cases and has a track record of success representing clients in mass tort lawsuits. Product liability claims can be confusing and require an attorney familiar with experience handling the legal complexities involved.
Years of Experience: An attorney with decades of experience helping plaintiffs secure compensation in mass tort claims knows how to force large compensation to effectuate payouts. Proving negligence and strict liability is not easy, a skilled attorney also has a network of case experts to strengthen your claim.
Award-Winning Results: Although an attorney have accolades does not mean they are qualified to handle your claim, if the recognition is due them securing a record-setting monetary award, this form of notoriety should be considered when evaluation the attorney.
Contingency-Fee Model: A contingency fee is a type of arrangement where a mass tort lawyer agrees to represent a client without charging any upfront fees. Instead, the lawyer agrees to take a percentage of any compensation that the client wins from their case. mass tort
At Sneed & Mitchell, our award-winning mass tort lawyers specialize in helping victims of corporate negligence and will assist you in recovering the full scope of your losses. You are entitled to quality legal representation and we have the resources to achieve the best results in your lawsuit. We recovered over $30 million for clients in 2022 alone, and our attorney don't settle for less than all that you're entitled to recover under the law. Speak directly to an attorney today by calling 866-434-0014, for by filling out our quick contact information form and an attorney will call you immediately.
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