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California CPAP Machine Lawsuit

cpap lawsuit california

Using a CPAP machine can help you breathe better while you’re sleeping if you’re prescribed to use one by a doctor. After you find out you should be using a CPAP, you pick out the best machine for you, and start using it. Instead of improvements, though, you start struggling more and end up with worsening conditions, or new conditions altogether.

A recent recall reveals that a once-trusted CPAP machine is actually causing serious health side effects for its users, including cancer. If you’ve used a medical device that was later recalled and suffered from health complications because of it, you could use the help of our Phillips CPAP, BiPAP, & ventilator recall lawyer who handles CPAP machine lawsuits.

At Frost Law Firm, PC, we’re dedicated to getting our clients the justice they deserve. Medical devices should be as safe as possible for consumers. When they cause you injuries and other damages, you shouldn’t have to worry about the legal side of things. You can trust us to handle your lawsuit and build the strongest claim possible.

Types of Phillips Devices Affected by Recalls

There was a Class I recall of Philips DreamStation2 that occurred on June 14, 2021. According to the U.S. Food and Drug Administration (FDA), a Class I recall is when the device that is recalled has a reasonable probability that the use of that device, or being near it, could cause serious adverse health effects or even death. This is the most serious type of recall that can happen, according to the FDA.

According to the FDA’s release, 20 devices were recalled on that same day, and they are all Class II. A Class II medical device includes machines that treat sleep and respiratory disorders and are a medium risk to the patient or user with a $10,000 clearance. They include CPAPs, BiPAPs, and ventilators. The medical devices included in the recall can be found listed below, in addition to images of the machines which can additionally be seen here.

CPAP and BiLevel PAP Devices

Facility-Use Continuous Ventilator, Minimum Support


E30

Non-Life Supporting Continuous Ventilator


DreamStation ASV

DreamStation ST and AVAPS

C-Series ASV and C-Series S/T, and AVAPS

OmniLab Advanced+

SystemOne ASV4

Non-Continuous Ventilator


DreamStation CPAP, Auto CPAP and BiPAP

DreamStation GO CPAP and APAP

SystemOne Q Series

Dorma 400 and Dorma 500

REMStar SE Auto

Mechanical Ventilators

Continuous Ventilator


Trilogy 100

Trilogy 200 and Garbin Plus, Aeris, and LifeVent

Facility-Use Continuous Ventilator, Minimum Support


A-Series BiPAP Hybrid A30 (not marketed in US)

A-Series BiPAP V30 Auto

Non-Life Supporting Continuous Ventilator


A-Series BiPAP A40 (not marketed in US)

A-Series BiPAP A30 (not marketed in US)

All these recalled medical devices have something in common: foam. Polyester-based polyurethane (PE-PUR) foam is used in all the devices to reduce the amount of noise that they produce. Since most of these devices have the intended use of being worn while sleeping, quietness is important. Even though the foam was meant to be helpful, it ended up being seriously harmful.

The dangers lie when the foam degrades. Let’s take a look at exactly what makes this foam so harmful.

PE-PUR Foam and Its Dangers

As mentioned above, the dangerous part of all these devices is the foam used to make it quieter. The PE-PUR foam degrades over time. When it degrades, harmful gases and particles of the foam are formed and inhaled by the patient. The gases that degraded PE-PUR produces are predominantly Dimethyl Diazene and Phenol, 2,6-bis, or otherwise known as carbolic acid.

Other possible gases that could be emitted are Toluene Diamine, Toluene Diisocyanate, Diethylene glycol, and Volatile Organic Compounds (VOC). We’ll focus on Dimethyl Diazene and Phenol gas in this section.

These gases have the potential to be safe when inhaled in small amounts, but the amount of them that are produced when PE-PUR breaks down in these machines is considered harmful and unsafe. What’s so unnerving about this malfunction is that you might not even know that you’re inhaling these gases or particles unless you notice health changes.

Dimethyl Diazene causes specific damages to your health. You could have liver and kidney damage from inhaling this gas. In more serious cases, you could even suffer from liver and kidney organ failure, or cancer in these organs.

Phenol gas is also dangerous to a patient’s health when unsafe amounts are inhaled. The gas can damage the lungs, but it can also cause burns on a person’s skin if it gets in contact with the skin before being inhaled. When inside the body, it can cause new respiratory damage, worsen a pre-existing condition, cause respiratory failure, or even lead to heart failure.

The gases aren’t the only dangerous materials produced by the broken down foam—bits of the foam, or black debris, could be inhaled or ingested into the body as well. When the particles get into the lungs or stomach, they can attach to the tissue and become encapsulated, which can cause further damage. After entering the lungs or stomach, degraded foam particles could also break down further and release more harmful chemicals into your body through the bloodstream.

Our Phillips CPAP, BiPAP, & ventilator recall lawyer is here to look into your claim and damages to stand up to the negligent company. At Frost Law Firm, PC, we’re prepared to fight for our clients.

Injuries You Could Have Sustained From These Recalled Devices

Now that you understand why these products are so dangerous and what could harm you even when you use them correctly, you should know exactly what kinds of injuries you could sustain after using a defective CPAP, BiPAP, or ventilator that was recalled. You might suffer from these injuries, ranging from milder to the more severe:

  • Skin, eye, and respiratory tract irritation
  • Sinus infection
  • Headache
  • Dizziness
  • Hypersensitivity
  • Nausea
  • Vomiting
  • Burns
  • Asthma
  • Liver Damage or Failure
  • Kidney Damage or Failure
  • Respiratory Damage or Failure
  • Heart Failure
  • Cancers

There are other conditions and injuries that you could have acquired from a recalled medical device listed above, but these are the main ones that have emerged from the recall. Just because you don’t see your injury or condition listed here doesn’t mean that yours wasn’t caused by your defective machine.

If you experience any of these injuries or conditions, you should seek treatment immediately. Once you’re evaluated and receiving treatment, you can start looking to hold the negligent company responsible for what you’ve suffered.

Speak with your doctor and our lawyers to determine if your injury could be linked to these recalled devices and if so, you could have grounds to take part in the lawsuit. At Frost Law Firm, PC, we’re experienced at representing sick clients and getting them justice.

Am I Eligible to File a CPAP Machine Lawsuit?

One of the biggest questions you likely have at this point is if you have the grounds to be a part of the ongoing CPAP machine lawsuit against Phillips. If you recognize your medical device and health conditions or injuries listed above, then it’s likely that you could take part in the lawsuit.

Many different cancers, damages to organs, and any types of respiratory damages can all be signs that your Phillips medical device intended to help your breathing has actually been harming you. Seeking medical attention and getting a diagnosis from your doctor could be the first step to figuring out if you’re eligible to take part in the lawsuit. If it’s determined that your injuries were directly caused by a Phillips medical device involved in the recall, then it’s very likely that you can be part of the class action lawsuit against the company.

Another way to find out that your specific CPAP, BiPAP, or ventilator was included in the recall is to register it on the Phillips Respironics site. When your device is registered, they’ll notify you when a recall occurs. Then you can easily and quickly know whether or not you were in danger, or your health was affected by your CPAP machine.

That’s where a lawyer comes in. You still might have questions, and your attorney from Frost Law Firm, PC is prepared to answer them all and help you in your California CPAP machine lawsuit.

Our Attorneys Will Represent You in the Phillips CPAP Recall

When you use a medical device as instructed, you expect it to work properly and help your condition, not cause further harm. Not only can the physical damages that you suffer from the device make you just want to focus on healing, but the emotional damages can also leave you feeling vulnerable. You might feel intimidated at the thought of going up against a large company like Phillips to stand up for your rights, but that’s why the lawyers are Frost Law Firm, PC are here.

We’ll handle the legal side of things for you so that you don’t have to worry. With the help of our California CPAP machine recall lawyer, you can have peace of mind and feel supported during every step of your lawsuit. You don’t have to go through this alone. Contact our office today so we can get started on your potential claim.

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