On June 30th, 2021, the U.S. Food and Drug Administration (FDA) announced a product safety recall for Philips Respironics CPAP breathing machines. The product in question was largely marketed as the Philips DreamStation CPAP machine. You may also hear the medical device referred to as a Bilevel PAP, BiPAP, BPAP. Millions of CPAP machines were affected by the original recall.
Philips CPAP Machines Linked to a Toxic, Harmful Polyester-Based Polyurethane Foam
CPAP stands for ’continuous positive airway pressure.’ These types of breathing devices are used to help treat sleep apnea. Sleep apnea is a potentially dangerous medical condition. A person suffering from sleep apnea will have their breathing disrupted many different times during the course of the night. The health condition tends to cause poor sleep quality. Further, it increases the risk for many serious health issues, including cognitive failure, heart problems, and even death. CPAP breathing machines help to ensure that a person's airflow is not disrupted.
Unfortunately, serious health and safety questions have been raised regarding the Philips CPAP breathing machine. Specifically, the FDA’s recall notice emphasized that many patients have reportedly been exposed to a toxic and carcinogenic polyester-based polyurethane foam. Alarmingly, the polyurethane foam can harm people. It has been linked to very serious health conditions, including some that could potentially be fatal.
Unfortunately, serious health and safety questions have been raised regarding the Philips CPAP breathing machine. Specifically, the FDA’s recall notice emphasized that many patients have reportedly been exposed to a toxic and carcinogenic polyester-based polyurethane foam. Alarmingly, the polyurethane foam can harm people. It has been linked to very serious health conditions, including some that could potentially be fatal.
Toxic Foam Associated With Respiratory Disorders, Cancers, and Other Health Conditions
There is still a tremendous amount of research that must be done on the Philips CPAP breathing machine and the toxic polyester-based polyurethane foam that it can sometimes produce as a byproduct. That being said, the FDA emphasizes that the foam is a suspected human carcinogen. It is linked to several very serious health conditions, including respiratory disorders and cancers. Some specific medical complications that may occur due to the defective Philips CPAP breathing machine include:
- A greater likelihood of developing asthma;
- General breathing problems (wheezing, coughing, shortness of breath);
- Chronic breathing problems, including long-term bronchitis;
- Reactive Airways Dysfunction Syndrome (RADS);
- Heart problems and other cardiological issues; and
- Lung cancer, nasal cancer, colon cancer, breast cancer, liver cancer, and prostate cancer.
Health safety experts recommend sleep apnea patients to seek immediate medical attention if they believe that they have been exposed to toxic foam after using a Philips DreamStation CPAP machine. Early warning signs of exposure include: Dizziness, nausea, lightheadedness, watery eyes, poor breathing, headaches, and sinus infections. A doctor can determine the correct diagnosis and help patients develop the most effective treatment plan.
Medical Device Makers May Be Legally Liable for Harm Caused By Defective Products
Any company that manufactures, markets, and sells a dangerous and defective medical device may be legally liable for patient harm caused by the defect. Indeed, product liability lawsuits may be filed under strict liability statutes. These laws hold that a manufacturer or other company can be held responsible for injuries and complications caused by a defective product even without a finding of negligence.
The DreamStation CPAP breathing machine was originally designed and manufactured by a company called Respironics. Respironics is an American medical device company with main headquarters in Murrysville, Pennsylvania. In 2008, the company was wholly acquired by the Netherlands based multinational conglomerate Philips. As the owner of Respironics, Philips may be legally liable for harm caused by dangerous and defective DreamStation CPAP breathing machines.
The DreamStation CPAP breathing machine was originally designed and manufactured by a company called Respironics. Respironics is an American medical device company with main headquarters in Murrysville, Pennsylvania. In 2008, the company was wholly acquired by the Netherlands based multinational conglomerate Philips. As the owner of Respironics, Philips may be legally liable for harm caused by dangerous and defective DreamStation CPAP breathing machines.
Federal Litigation is Currently Ongoing for Philips CPAP Breathing Machines
Philips CPAP breathing machine litigation is still in the early stages. On October 8th, 2021, a Judicial Panel on Multidistrict Litigation (JPML) officially consolidated more than 100 federal lawsuits as part of a complex multi-district litigation case. As the FDA has stated that at least 200,000 Phillips breathing machines likely exposed people to toxic foam, it is expected that many thousands more people will join the defective product litigation in the coming months and years.
Anyone harmed after using a Philips CPAP breathing machine lawsuit to treat their sleep apnea may have a legal claim against the company. As with other types of defective product claims, these are time-sensitive cases. If you believe that you are covered by the lawsuit, you should consult with an experienced dangerous and defective medical device attorney right away. A lawyer will be able to answer questions and advise you on the next steps to take to protect your rights and interests.
Anyone harmed after using a Philips CPAP breathing machine lawsuit to treat their sleep apnea may have a legal claim against the company. As with other types of defective product claims, these are time-sensitive cases. If you believe that you are covered by the lawsuit, you should consult with an experienced dangerous and defective medical device attorney right away. A lawyer will be able to answer questions and advise you on the next steps to take to protect your rights and interests.
Financial Compensation May Be Available to Those Harmed by the Philips CPAP Machine
If you or your family member used the Philips CPAP breathing machine to treat sleep apnea and you sustained any harm because of exposure to toxic polyester-based polyurethane foam, you may be entitled to recover financial compensation for the full extent of your damages. Philips (Respironics) could be legally responsible. You should consult with an experienced defective medical device lawyer right away. An attorney can review your toxic Philips CPAP breathing machine claim and help you determine the appropriate course of action. Financial relief may be granted for a wide range of damages, including replacement of your sleep apnea device, medical bills, lost wages, loss of earning capacity, pain and suffering, mental distress, permanent disability or disfigurement, and wrongful death of a family member.
Bernheim Kelley Battista & Bliss, LLC is a full-service product liability and plaintiffs’ rights firm with the skills and legal expertise to handle defective Philips CPAP breathing machine claims. Contact the law firm today to set up a free, fully confidential initial consultation. With law offices in Florida and Massachusetts, the defective medical device lawyers at Bernheim Kelley Battista & Bliss provide local and national legal representation in defective Phillips CPAP breathing machine claims.
Bernheim Kelley Battista & Bliss, LLC is a full-service product liability and plaintiffs’ rights firm with the skills and legal expertise to handle defective Philips CPAP breathing machine claims. Contact the law firm today to set up a free, fully confidential initial consultation. With law offices in Florida and Massachusetts, the defective medical device lawyers at Bernheim Kelley Battista & Bliss provide local and national legal representation in defective Phillips CPAP breathing machine claims.