Philips CPAP Ventilator Lawsuit

Philips CPAP Ventilator Lawsuit

Phillips Law Group

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Philips CPAP Ventilator Lawsuit

In June 2021, Philips Respironics issued a voluntary recall of millions of CPAP and BiPAP devices manufactured before April 26, 2021. These devices have been linked to a higher risk of developing lung cancer and other serious health conditions.

Since then, Philips has racked up several Class I recalls — in mid-October 2022, the FDA handed down a sixth Class I rating in a safety alert. At that point, the FDA counted a total of 18,670,643 devices recalled in the United States alone.

In addition, the United States Justice Department is negotiating the terms of a consent decree with Philips to investigate what the company knew or should have known about the devices that many believe caused health issues before they were sent to millions of Americans, per The New York Times in November 2022. Such a decree would potentially demand the company document the steps it would take to prevent similar issues in the future.

If you or a loved one used a recalled Philips CPAP machine or ventilator and have since been diagnosed with lung cancer or other serious health issues, you may be eligible for compensation. Let our team of experienced defective product lawyers review your claim to see what legal options may be available to you and if you can participate in a Philips CPAP ventilator lawsuit.

Phillips Law Group is one of the largest consumer law firms in Arizona, having recovered more than $1 billion in compensation. This includes a recovery of $23 million in a defective product case.

Founder Jeffrey Phillips has decades of experience fighting on behalf of the injured and works closely with other lawyers around the country on defective product cases.

Call us today to schedule a free consultation to discuss the facts of your claim to see how we may be able to help you. Our attorneys work on a contingency basis, which means there are no hourly fees, and you only pay us if we successfully recover compensation on your behalf.

+ When Do I Need an Attorney?

If you’ve been injured in an accident, it’s time to call an attorney. Studies show that the average insurance award with an attorney is 3 times higher than without. Call (602) 258-8888 to tell us your story and get a free case review.

+ Should I Accept an Insurance Offer?

Insurance adjusters work for the insurance companies, and their priority is to make sure they pay as little as possible for the insurance claim. Talk to a lawyer before accepting an insurance offer to make sure you are getting a fair settlement.

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There’s no fee to start your case. At Phillips Law Group we work on a contingency basis. That means you don’t pay us anything unless we ultimately win your case.

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    More Information on CPAP Ventilator Lawsuits

    Do I Qualify for a Case?

    There are many factors to consider when attempting to answer this question, such as whether you were using one of the affected devices.

    Defective CPAP and BiPAP Devices

    • Continuous Ventilator, Minimum Ventilatory Support, Facility Use — E30 (Emergency Use Authorization)
    • Continuous Ventilator, Non-life supporting
      • DreamStation ASV
      • DreamStation ST, AVAPS
      • SystemOne ASV4
      • C-Series ASV
      • C-Series S/T and AVAPS
      • OmniLab Advanced+
    • Noncontinuous Ventilator
      • SystemOne (Q-Series)
      • DreamStation
      • DreamStation Go
      • Dorma 400
      • Dorma 500
      • REMstar SE Auto


    • Continuous ventilator
      • Trilogy 100
      • Trilogy 200
      • Garbins Plus, Aeris, LifeVent
    • Continuous Ventilator, Minimum ventilatory support, facility use
      • A-Series BiPAP V30 Auto
    • Continuous ventilator, non-life supporting
      • A-Series BiPAP A40
      • A-Series BiPAP A30

    Our lawyers must also consider your diagnosis and the treatments you have received or are currently undergoing. We may also consider the reasons why you used this machine instead of others and if you continued using the recalled device because alternatives were not available.

    It would be in your best interest to discuss your claim with one of our licensed attorneys during a free consultation to learn whether you may be eligible to file a Philips CPAP ventilator lawsuit. There are deadlines for filing claims, so it is important to contact a lawyer right away.

    Have a question about a potential case?

    How Much May a Philips CPAP Case Be Worth?

    Every case is different, so knowing the full value of a claim without knowing the facts may be difficult. However, damages in cases involving defective products generally include compensation for:

    • Past or future medical bills relating to the victim’s diagnosis and other health issues that were caused by using the defective products.
    • Lost time at work to deal with your illness or lost capacity to earn an income due to your health issues.
    • Pain and suffering, both physical and mental, associated with your health issues.

    Have a question about a potential case?

    Why Should I Hire a Lawyer to Help Me?

    Large corporations like Philips have extensive resources and often employ multiple attorneys to defend the company from defective product claims. You need an attorney with the legal knowledge, skill, and resources to take on a defendant like this and have a chance of success.

    Phillips Law Group has been advocating for injury victims for nearly 30 years. We have secured hundreds of millions in compensation on behalf of our clients. Our founding partner Jeff Phillips often works with other attorneys around the country on defective product cases. He has also served as lead counsel in more than 40 jury trials.

    Unlike other lawyers who charge hourly fees, our attorneys work on a contingency basis, which means we do not charge you any attorney fees unless we successfully recover compensation on your behalf.

    Visit our client reviews page to learn more about what our clients have to say about our services. We have more Google Reviews than any other Arizona law firm that serves consumers.

    Have a question about a potential case?

    Why Were Philips CPAP Ventilators Recalled?

    Philips Respironics is one of the two leading companies that manufacture and distribute CPAP machines to help treat people who suffer from sleep apnea. This condition affects roughly one of every 15 adults in the nation. It is often treated with a Continuous Positive Airway Pressure (CPAP) machine while patients sleep.

    According to the recall notice, the company discovered that there were two issues related to the polyester-based polyurethane, which is a foam used to help reduce excessive noise from the machine:

    • The foam may degrade into particles that may be inhaled or ingested when they enter the device’s air pathway.
    • The foam may also let off gases that may also be toxic to the user.

    Philips acknowledges in the recall notice that the company received several complaints regarding the presence of black debris/particles in the airpath and that some users experienced:

    • Headaches
    • Upper airway irritation
    • Cough
    • Chest pressure
    • Sinus infections

    The U.S. Food and Drug Administration and Philips both issued recommendations for potentially affected users, including consulting with a doctor before stopping or altering therapy for sleep apnea.

    Have a question about a potential case?

    Have Any Lawsuits Been Filed?

    class action lawsuit has already been filed against Philips in Massachusetts. The lawsuit says Philips knew the substantial risks of these machines long before issuing a recall.

    The complaint says patients had complained about the black particles in their machines for years. Another allegation in the complaint is that the company timed the recall to coincide with the release of the next generation of products that do not have the same problems as before.

    Many more lawsuits are expected, as there are millions of users of the recalled CPAP machines.

    These lawsuits are likely to make a variety of claims, such as:

    • Failing to warn consumers of the risks
    • Gross negligence
    • Defectively designing the machines
    • Breach of warranty
    • Negligence per se
    • Fraudulent misrepresentation

    Have a question about a potential case?

    Call to Discuss a Potential Philips CPAP Lawsuit

    We are currently investigating claims made by users of Philips CPAP ventilators who were later diagnosed with serious health issues.

    If you or a loved one are considering taking legal action after suffering an injury due to the negligence of this company, our attorneys are prepared to discuss your claim during a free consultation.

    For decades Phillips Law Group has been helping injury victims in Arizona recover millions in compensation for medical bills, lost wages, pain, and suffering, and other damages. Our attorneys have vast experience with jury trials and successfully negotiating settlements on behalf of our clients.

    If you choose to hire us to represent you, we do not charge you anything upfront and we only get paid if we successfully recover compensation on your behalf. The consultation is free and there is no obligation to take legal action, so there is no risk to you.

    Have a question about a potential case?

    More Information on Philips CPAP Ventilator Lawsuit

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