Philips Respironics voluntarily recalled some CPAP, BiPAP, and ventilator machines because of concerns that the machines’ PE-PUR sound abatement foam could degrade and be inhaled by users, possibly causing cancer. When inhaled, the resulting particles can leave the patient experiencing chemical exposure and develop some health problems like headache, asthma, irritation, cancer, kidney disease, and others. If you are one of the victims of this recall, you may want to file a lawsuit with other victims. Mass tort trial lawyers can handle the legal aspects of your claim and ensure you get compensated for the harm the machines may have caused you. Here is a guide to help you with the lawsuit and settlement:
Determine If Your Make and Model Is Part of the Recall
Philips was forced to recall its sleep apnea machines because of its use of polyester-based polyurethane foam that serves as noise reduction insulation in its devices. However, the foam is made of compounds that may cause cancer. According to tests, the foam can degrade and turn into black particles that machine users can inhale or swallow.
Check out the FDA list of recalled models from Philips and see if your model is in it. You can get this information from the product itself and its packaging. If your device model is among those listed in the recalled products, proceed to the next step.
See If You Suffer a Related Injury
Inhalation of the PE-PUR particles is associated with serious lung or respiratory injuries. Because the material contains carcinogenic compounds, these particles can also be linked with cancers like lung cancer. Some of the injuries associated with the use of the machines include autoimmune disease, acute inhalation injury, chronic bronchitis, chronic asthma, cancer, emphysema, and others. If you suffer any of these diseases after using a CPAP machine, you may pursue a Philips CPAP lawsuit to receive the compensation you deserve.
It is important to keep in mind that you can’t relate your first use of a recalled machine to a cancer diagnosis the following day. There’s a latency period from the time you started using the product to when you suffer an injury. It might be best to show that you develop a related injury at least a year from your first use of the device.
Get In Touch with a Lawyer
If you think you are qualified to file a lawsuit, get legal advice. Choose an attorney who has extensive experience in this kind of litigation. Also, be mindful of the statutes of limitations to ensure you file a claim on time.
