Philips, the Dutch multinational conglomerate corporation that manufactures various products for American consumers, from household to automotive products, has recalled their “Respironics” sleep and respiratory care devices.
Why Is There a Philips CPAP Recall?
The voluntary recall was initiated in June 2021 when the company discovered a potential health risk associated with the foam in various CPAP, BiPAP, and Mechanical Ventilator devices. The sound abatement foam is used to keep the product quiet and reduce vibration while in use. In the United States, Philips Respironics issued a voluntary recall notification to alert consumers to the possibility of the adverse health effects associated with using their products. The United States Food and Drug Administration (FDA) has listed the Philips CPAP recall as a “Class 1”, which means that the product is associated with a risk of serious injury or death.
Which Phillips Models Are Part of the CPAP Recall?
All of Philips’ respiratory devices are part of the recall. Eighty percent of the devices involved in the recall are Continuous Positive Airway Pressure (CPAP) machines used by individuals to help with sleep apnea, as reported to Reuters by company spokesman Steve Klink. Approximately seventy-five percent of Philips CPAP devices were sold to U.S. consumers. The additional twenty percent of affected products are ventilators.
Has My Philips CPAP Been Recalled?
Devices involved in the recall were sold between 2009 and April 26, 2021. The following Philips devices are included in the recall:
- E30
- DreamStation ASV (Also known as DreamStation BiPAP autoSV)
- DreamStation ST, AVAPS (Also known as DreamStation BiPAP AVAPS, DreamStation BiPAP S/T)
- SystemOne ASV4 (Also known as System One BiPAP autoSV, System One BiPAP autoSV Advanced)
- C Series S/T, AVAPS (Also known as System One BiPAP AVAPS (C-Series), System One BiPAP S/T (C-Series)
- OmniLab Advanced Plus (In-Lab Titration Device)
- System One 50 series (CPAPs, Auto CPAP, BiPAPs)
- System One 60 series (CPAPs, Auto CPAP, BiPAPs)
- DreamStation CPAP, Auto CPAP, BiPAP
- DreamStation GO CPAP, APAP, Auto CPAP
- Dorma 400, 500 CPAP, Auto CPAP (not marketed in the US)
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
- Garbin Plus, Aeris, LifeVent Ventilator (not marketed in the US)
- A-Series BiPAP Hybrid A30 (Also known as BiPAP Hybrid A30Ventilator A-Series – not marketed in the US)
- A-Series BiPAP V30 Auto Ventilator (Also known as BiPAP V30 Auto Ventilator – A-Series)
- A-Series BiPAP A40 (Also known as BiPAP A40 Ventilator A-Series – not marketed in the US)
- A-Series BiPAP A30 (Also known as BiPAP A30 Ventilator A-Series – not marketed in the US)
If consumers are unsure if their device is affected, Philips has set up a registration process. Individuals may check their device’s serial number at www.usa.philips.com/healthcare/e/sleep/communications/src-update. Users and caregivers may also call 877-907-7508.
How Can I Replace a Recalled Phillips CPAP Machine?
To date, 2.7 million repair kits and replacement devices have been manufactured globally. 1.2 million replacement devices have been shipped from the manufacturer to U.S. consumers. Consumers can receive a replacement device by registering their product on the Philips Voluntary Recall webpage or by calling 877-907-7508. According to the Philips recall notice, the manufacturer aims to replace most of the devices of registered users by December 2022.
Health Risks of Using a Recalled CPAP Machine
According to DrugWatch, the foam in CPAP machines may degrade causing users to inhale toxic particles and gasses. Cancer-causing chemicals may make their way into consumers’ airways, as reported in lab tests. The foam is also more likely to degrade when the machine is placed in areas of high heat or humidity or if the device is older than three years.
What to Do If Your CPAP Has Been Recalled
Patients affected by the CPAP recall are encouraged by Philips to immediately stop use, register, and return the device. More information may be found on the company’s CPAP recall information page for patients and caregivers at www.usa.philips.com/healthcare/e/sleep/communications/src-update/information-for-patients-and-caregivers.
Why Are People Filing Philips CPAP Lawsuits?
Users of Philips’ CPAP devices are filing lawsuits against the company because they claim the sound abatement foam could cause them serious respiratory injuries and cancer. These consumers also claim that devices manufactured by Philips are more dangerous than others currently on the market.
Injuries Named in CPAP Lawsuits
Lawyers representing patients and caregivers have named the following injuries in CPAP lawsuits:
- Acute Respiratory Distress System (ARDS)
- Bladder Cancer
- Brain Cancer
- Breast Cancer
- Chemical Poisoning
- Heart Attack
- Heart Failure
- Hematopoietic Cancer
- Kidney Cancer
- Kidney/Renal Damage
- Kidney/Renal Disease
- Leukemia
- Liver Cancer
- Liver Damage
- Liver Disease
- Lung Cancer
- Lung Damage
- Lung Disease
- Lymphatic Cancer
- Multiple Myeloma
- Nasal Cancer
- Non-Hodgkin Lymphoma
- Papillary Carcinoma
- Pleural Effusion
- Prostate Cancer
- Reactive Airway Disease (RAD)
- Rectal Cancer
- Respiratory Failure
- Severe Ear Inflammation
- Severe Nose Inflammation
- Severe Throat Inflammation
- Stomach Cancer
- Testicular Cancer
- Thyroid Cancer
Symptoms of Exposure to Philips CPAP Foam Particles and Chemicals
According to a press release issued by Philips, individuals exposed to degraded sound abatement foam have reported irritation, inflammation, headaches, and respiratory issues.
Who Qualifies to File a CPAP Lawsuit?
Lawsuits relating to CPAP and other Philips Respironics devices fall under the legal category of product liability. Under this injury law fault theory, Philips may be found negligent if it is proven that the manufacturer created an unreasonably dangerous product or if they failed to adequately warn consumers of the potential risks associated with using their devices.
An individual qualifies to file a CPAP lawsuit against Philips if they are able to prove the following:
- The individual used the product for a sustained period of time (Generally, six months or more)
- The individual sustained harm, injury, or illness related to the use of the device
- The individual is within the time limit to file a lawsuit against the manufacturer (the statute of limitations for filing a lawsuit against the manufacturer is between one to six years, depending on the state. In Florida, the time limit is *two years)
Why File a CPAP Lawsuit?
An individual may be motivated by two factors when deciding whether to file a CPAP lawsuit. Driven by a sense of justice, a plaintiff may wish to file a lawsuit to punish the company for wrongdoing and to ensure that no other individual is harmed by their product. Others may file a lawsuit in order to be fairly compensated for the injuries or illnesses sustained because of using the dangerous product.
A claimant may request economic and non-economic damages. Economic damages include medical care and treatment, lost wages, future financial losses, out-of-pocket expenses, and other financial losses. Non-economic damages include mental and emotional pain and suffering, discomfort resulting from medical treatment, the impact of chronic health issues or disability, loss of enjoyment or inability to fully participate in life, and other non-financial effects associated with the damage caused by the use of the device.
Potential Settlement Compensation
To date, no CPAP lawsuits have been resolved. Therefore, the settlement value is currently unknown. According to the Insurance Information Institute, most product liability settlements in 2020 fell between $25,072 to $613,130.
Call An Experienced Product Liability Attorney
The FDA has received over one hundred reports of deaths associated with Philips’ CPAP devices. Many more were injured. When these individuals purchased the respiratory devices, they trusted that the products were safe. Instead, they suffered injury, illness, and some even lost their lives.
The attorneys of Panter, Panter, and Sampedro have the expertise and resources needed to get just compensation for the losses suffered due to defective products and devices such as Philips’ respiratory devices. Our team of expert attorneys can help you understand your options and navigate the legal process. Call (305) 662-6178 and speak to an experienced product liability attorney today.
*On March 24, 2023, Governor Ron DeSantis signed House Bill (HB) 837 reducing Florida’s statute of limitations for general negligence cases from four years to two years. In other words, a lawsuit alleging negligence must now be filed within two years of the date of the alleged negligence or the claim will be forever barred.
Sources:
https://en.wikipedia.org/wiki/Philips
https://www.usa.philips.com/healthcare/e/sleep/communications/src-update
https://www.drugwatch.com/philips-cpap/recall/
https://www.consumernotice.org/legal/philips-cpap-lawsuits/
https://www.drugwatch.com/philips-cpap/lawsuits/
https://www.webmd.com/lung/news/20210615/philips-cpap-machines-recall
https://www.alllaw.com/philips-cpap-lawsuits/cpap-recall-lawsuits.html#11
https://www.iii.org/fact-statistic/facts-statistics-product-liability
