The case is simple—Philips Respironics, Inc. has recalled CPAP and BiPAP machines made over the last 13 years because the breathing devices create a risk of exposure to debris and chemicals, some of which may cause cancer.
If you or a loved one suffered cancer or other ailments believed to be caused by a CPAP or BiPAP machine, you may have grounds for a CPAP lawsuit. Other illnesses include respiratory tract inflammation, asthma, hypersensitivity, and kidney and liver damage.
Kline & Specter, PC, with more than 50 attorneys, five of whom are also highly skilled medical doctors—the most for any law firm in the United States—has the expertise and experience to evaluate CPAP and BiPAP injury cases possibly caused by Philips devices.
Kline & Specter has handled hundreds of cases involving cancer and also cases involving significant respiratory diseases and has dealt with cases over the decades involving catastrophic injuries caused by medical devices and prescription medications.
What You Need to Know About the Most Recent CPAP Lawsuits
The recall was classified as a Class I recall, the most severe type of recall, by the U.S. Food and Drug Administration. The FDA noted that the use of these devices may cause serious injury or death.
The CPAP recall was announced in June 2021. It was reported on Aug. 3 that Philips was sending registered letters to users of the device who may have been adversely impacted. There have been more than 1,200 complaints filed about Philips positive airway pressure (PAP) machines and at least 100 reported injuries.
The CPAP and BiPAP devices are used by people needing respiratory support or treatment for sleep disorders. They are used at home, in hospitals, and in other institutions.
What Was the Issue With the CPAP Devices?
The problem in the Philips devices was found to occur due to the polyester-based polyurethane foam used to lessen sound and vibration. The foam can break down and potentially enter the device’s air pathway, allowing a user to inhale or swallow chemicals or black debris from the foam.
What Is the Average Settlement for a CPAP Lawsuit?
This lawsuit is serious business and should not be taken lightly. As such, CPAP lawsuits—especially those involving the risk or suffering of cancer—have been known to pay out an average of at least $100,000 to $500,000. And this is, of course, before the final trial value, which can be massively higher if liability can be established beyond a reasonable doubt.
How Do I Qualify for a CPAP Lawsuit?
As with any high-profile lawsuit such as CPAP lawsuits, any plaintiffs who believe they qualify must meet a strict set of requirements. In this case, they are:
- You—the plaintiff—must be younger than 80 years of age.
- You must have used one of the Phillips CPAP machines that were recalled.
- You must have experienced, or are continuing to experience, the negative effects that were caused by the recalled CPAP machine.
In the case that you have lost a loved one who met the above criteria, you also qualify and are entitled to seek out your fair compensation.
Is the Phillips CPAP Lawsuit Worth a Lot of Money?
Unfortunately, it is too early to get a clear picture of what amount of money the Phillips CPAP Lawsuit will settle for in court. With that said, there is a general optimism that there will be a significant payout to plaintiffs in the ballpark of your average CPAP lawsuit payouts.
How Is My CPAP Lawsuit’s Payout Determined?
Thankfully, for the plaintiffs who were harmed as a result of the CPAP devices, there are a variety of instances in which the overall compensation amount is increased.
Of course, the largest two determining factors—as with any lawsuit—are proven negligence and liability. From there, there are other ways the end sum that you personally end up with can be affected.
For example, if you had been using the recalled device for years, you would be given a higher payout than one who had only used it briefly for a few months to a year. Likewise, the extent of the negative effects that you experienced due to your use of the recalled CPAP devices will also affect how much your end payment is.
Get Your Peace of Mind With Kline & Specter PC
Kline & Specter has won billions in personal injury verdicts and settlements, including many large results against large corporations, medical device makers, and pharmaceutical companies. We proudly serve Philadelphia, Pennsylvania, New Jersey, Delaware, and New York, as well as the nation as a whole. So, contact us today at either 215-772-1000 or 800-243-1100 for a free evaluation of your case.