A medical device designed to help patients with sleep apnea may have a design defect that increases the risk of lung cancer. Continuous Positive Airway Pressure (CPAP) machines deliver air pressure into the lungs via a tube while the patient sleeps. Unfortunately, some CPAP machines manufactured by the Dutch company Philips also deliver degraded polyurethane foam particles into the lungs. This inhalation and ingestion may result in lung cancer or other respiratory issues causing permanent impairment.
Sleep apnea is when breathing stops and starts while the patient is asleep. Besides the inability to get a good night’s rest, the disorder may lead to other health problems. If a CPAP machine may have caused you to develop a serious lung ailment, the team of defective medical device attorneys at Mark Whitehead & Associates is here to help.
Cancer Claims and Other Conditions Caused by CPAP Machines
The polyester-based polyurethane (PE-PUR) foam used by Philips in various devices to reduce vibration and sound may break down. As a result, users may inhale bits of foam or chemicals that could result in lung cancer or other respiratory conditions. In addition, PE-PUR is more likely to break down when used in environments of high heat or humidity or if unapproved methods are used to clean the devices.
If you are using a Philips CPAP ventilator or other devices, contact your doctor immediately regarding any health-related issues.
Which CPAP Machines Are on Recall?
Philips first identified the PE-PUR degradation issues on its CPAP machines in April 2021. However, the company did not order a voluntary recall until June 2021. An investigation by the FDA found that Philips initially became aware of the foam degradation issues as early as 2016, with email documentation from the company to a supplier in 2015 indicating a customer reported the degraded foam problem.
As of November 2022, the following Philips CPAP machines are subject to recall as per the FDA:
- 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 ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
On November 17, 2022, Philips informed the FDA of two new potential issues with the Trilogy Respironics ventilators. These items were recalled in June 2021 and reworked. First, the silicone sound abatement foam, installed to replace the PEPUR foam, might separate from the plastic backing and impact the device’s performance. Second, trace amounts of particulate matter, including PE-PUR, have been detected in the air pathways of some reworked ventilators.
The bulk of the recalled Philips devices, approximately 80 percent, are CPAP machines. The majority of CPAP users are U.S. residents.
Can I File a Lawsuit Against Philips?
You might file a lawsuit against Philips if meeting the following criteria:
- Used a Philips CPAP machine for six months or more
- Diagnosed with lung cancer or a severe respiratory disease
- Non-smoker. Previous smokers who quit are ineligible.
- Under age 80
You may also qualify to file a lawsuit if you lost a loved one to injuries related to a Philips CPAC.
CPAP Personal Injury Lawsuits
There are two types of lawsuits involving Philips CPAPs. Plaintiffs may qualify for both personal injury and class action lawsuits.
In a CPAP personal injury lawsuit, you may receive damages, or compensation, for:
- Medical expenses, current, and future
- Lost wages
- Future income loss
- Pain and suffering
CPAP Class Action Lawsuits
Millions of Philips CPAP devices have been recalled. These lawsuits are being consolidated into Multi-District Litigation (MDL) in federal court. CPAP MDLs are not the same as a class action lawsuit, although they are similar. Unlike a class action lawsuit, in an MDL, every plaintiff’s case remains separate.
CPAP MDL lawsuits are based on Philips’ negligence, including:
- Defective design
- Manufacturing defects
- Lack of warning or disclaimers
- Consumer fraud
- Fraudulent concealment
How Mark Whitehead & Associates Can Help
If you or someone you know was diagnosed with lung cancer or suffered other adverse health effects after using a Philips CPAP machine, you need the services of the defective medical device lawyers at Mark Whitehead & Associates. Schedule a free, no-obligation consultation today. You pay no fee unless you receive compensation.