Hagens Berman is actively litigating existing cases on behalf of those allegedly injured by a recalled CPAP, Bi-Level PAP or mechanical ventilator breathing machine manufactured by Philips Respironics.
ABOUT RECALLED CPAP MACHINE INJURIES
In April 2021, Philips voluntarily recalled up to 4 million sleep apnea and ventilator machines. Due to the alleged serious risk of injury caused by the inhalation of particles or chemicals from PE-PUR foam, the FDA upgraded the recall to a Class 1 recall in July 2021.
The recalled medical devices contain PE-PUR foam for sound abatement. Phillips announced that this foam may break down, degrading into particles which may be inhaled or ingested. The PE-PUR foam may also emit volatile carcinogenic compounds that may be inhaled or ingested. Phillips announced these hazards could result in “serious injury which can be life threatening or cause permanent impairment.”
In its recall announcement, Phillips advised its customers to discontinue use of their affected CPAP and BiPAP devices, and it instructed mechanical ventilator patients to continue treatment until they are able to consult with their physicians. Phillips also recognized that CPAP and BiPAP customers may have to continue using their device due to “lack of alternatives,” and that “alternate ventilator options for therapy may not exist or may be severely limited for patients who require a ventilator for life sustaining therapy, or in cases where therapy disruption is unacceptable.”
- WHICH PHILIPS DEVICES WERE RECALLED?
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Philips recalled the following devices manufactured between 2009 and April 2021:
- A-Series BiPAP A30
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- C-Series ASV (ventilator)
- C-Series S/T and AVAPS
- DreamStation
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- E30
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
ALLEGED EXPOSURE TO PE-PUR FOAM IN PHILIPS BREATHING MACHINES
According to the complaint, exposure to PE-PUR foam chemicals and degradative particles may cause respiratory and lung injuries and may increase cancer risk. Symptoms that may indicate exposure to dangerous toxins include headache, throat irritation, chronic cough, inflammation, pressure in chest, respiratory infection, and nausea.
Philips is facing lawsuits across the country from breathing machine users harmed by their defective devices. These lawsuits are consolidated into a multi-district litigation (MDL) in the U.S. District Court for the Western District of Pennsylvania before Senior U.S. District Court Judge Joy Flowers Conti.
- Potential Injuries:
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Compensable injuries may include:
Respiratory and Lung Injuries
- Asthma (new or worsening)
- Chronic obstructive pulmonary disease (new or worsening)
- Pneumonitis
- Pulmonary Fibrosis
- Sarcoidosis
- Acute Respiratory Distress Syndrome and other respiratory failure
- Pleural effusion
Head and Neck Cancers
- Oral cavity cancer
- Nasal cavity/sinus cancer
- Nasopharynx cancer
- Larynx cancer
- Hypopharynx cancer
- Salivary cancer
- Oropharynx cancer
Lung Cancer
Blood Cancers
- Acute Myeloid Leukemia
- Hodgkin’s Lymphoma
- Leukemia
- Lymphoma
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma
WHAT PHILIPS ALLEGEDLY KNEW
Philips allegedly knew about these very substantial and material risks as early as 2015, long before issuing a recall. Individuals who used the recalled breathing machines have complained about “black particles” in their machines for several years.
Despite ongoing complaints and concerns from patients using Philips’ CPAPs, BiPAPs and ventilator breathing machines, Philips did not warn the public or its customers about these hazards until late April 2021. Instead, Philips chose to recall its defective and dangerous devices at the same time it issued a new line of products free from the dangerous PE-PUR foam, seeking to profit further from its hazardous line of breathing machines. according to attorneys.
CPAP USERS’ RIGHTS AFTER INJURY
Those who have been injured from Philips’ recalled CPAPs, BiPAPs and ventilator breathing machines deserve compensation for their unknowingly being subjected to harmful chemicals that caused chronic and serious health issues. When it finally recalled its devices, it chose to leave its own consumers without another option, waiting instead to sell them a replacement.
The existing lawsuit against Philips includes the following claims: failure to warn for concealing the risks of the PE-PUR foam, despite knowledge of its risks; design defect liability for placing the hazardous foam within the breathing machines, aware that this material could cause chronic and severe health issues, despite safer and healthier alternative machines being available on the market; negligent failure to warn and negligent design defect; negligent recall for failing to promptly repair or replace the recalled breathing machines; breach of express warranty; breach of implied warranty; and unjust enrichment.
TOP PERSONAL INJURY FIRM
Hagens Berman is home to some of the most well-respected and successful mass tort and personal injury lawyers, and the firm has achieved more than $320 billion in settlements since its founding in 1993. The firm has taken on various major institutions in its personal injury and abuse cases, including medical device makers, Big Pharma, nursing homes, product manufacturers, municipalities and other negligent parties.
CASE TIMELINE
Since the case has been consolidated into a mass tort in form of multi-district litigation (MDL), Hagens Berman has been appointed to the Plaintiffs' Steering Committee, a team of lawyers as chosen by the court to handle the case for the plaintiffs.
