Anyone can make a claim, but since this is a complex legal issue, you should seek help from an experienced hazardous equipment advocate. A CPAP attorney can review your medical and other records to make sure you have a viable lawsuit against Philips Respironics. The FDA`s recent announcement of a voluntary recall of certain Philips sleep and ventilation devices has led to numerous lawsuits for the recall of Philips CPAP machines by injured victims. Most victims reported developing breathing difficulties and lung cancer after using certain Philips sleep apnea devices. This website provides information about the law and lawsuits and is designed to help users safely meet their own legal needs. Legal information is NOT the same as legal advice – the application of the law to a person`s particular situation. While we go to great lengths to ensure that our information is accurate and useful, we recommend that you consult a lawyer if you want professional assurance that our information and your interpretation of it are appropriate to your particular situation. You should consider any publication or writing TopClassActions.com employees or others solely as personal opinion and NOT as the advice of a lawyer. Legal Statement on Largest Class Action Lawsuits Update November 17, 2021: Earlier this year, Philips recalled millions of CPAP and BiPAP devices due to the degradation of soundproof foam (PE-PUR foam) in machines and users had to inhale toxic particles. In September, Philips announced an “official repair and replacement program” for people with a recalled device. Part of this program was to replace the problematic PE-PUR foam with a new alternative silicone-based foam.
Potentially – recalled Philips Respironic CPAP machines have been linked to a variety of serious health risks, including several types of cancer, organ damage, kidney failure, lung damage and more. As mentioned above, these allegations have been consolidated into a single MDL. In other words, most of the plaintiffs in the lawsuit do not have to appear in court to obtain compensation for their injuries. By focusing on standard forms of redress for plaintiffs, a traditional class action lawsuit may not adequately compensate you for bodily injury caused by the use of a defective Philips device. In particular, cancer caused by foam toxins leads to expensive chemotherapy, surgeries, and long-term treatments. In 2018, cancer-related health care in the United States cost $183 billion. This figure is projected to rise to nearly US$246 billion by 2030. Chemotherapy alone has a cost per patient ranging from $10,000 to $200,000 for those without health insurance coverage. The degree of illness and, therefore, the damage caused by exposure varies between persons with product liability or other claims against Philips. Class actions arise when a single illegal act or a combination of them causes harm or violates the legal rights of many individuals and parties.
An applicant or a small group of plaintiffs will file an individual lawsuit and apply for group certification. In order to obtain designation for the case, the lead plaintiff(s) must prove in court that there are enough victims to prevent their union in regular litigation, that common legal and factual issues apply to the claims, and that the principal plaintiffs can adequately represent the interests of the class members. The company began replacing PE-PUR foam in the recalled CPAP machines with a new material. Tell your doctor about any symptoms that may be related to the use of a recalled Philips CPAP machine. January 22, 2022: Following the recall of approximately 15 million CPAP and BiPAP devices last year, Philips has received preliminary FDA approval for a repair program that would have replaced toxic PE-PUR foam in the recalled devices with an alternative silicone-based foam. However, shortly after the announcement of this new repair program, concerns were raised about whether the new silicone foam posed any potential health risks. Earlier this week, the FDA asked Philips to submit independent testing of the new silicone replacement foam. Each CPAP lawyer seems to have a different opinion on the settlement amounts provided for in CPAP claims. Some lawyers believe it will be difficult to prove respiratory claims and easier to prove cancer cases. And I heard exactly the opposite.
My predictions about the amount of the settlement indemnity are fluid. But these are my thoughts today. As of August 15, 2022, there were 323 CPAP prosecutions pending under Philips` MDL. However, the figure does not include the thousands of additional CPD applicants who entered into toll agreements and filed applications instead of filing complaints. Multi-district litigation has become a commonly used method of dealing with mass offenses and other cases where hundreds, if not thousands, of plaintiffs allege a common set of illegal acts. The transfer of federal cases to multi-district litigation alone does not give rise to a class action. Instead, by transferring them to a single district, multiple class actions or individual lawsuits are placed under the supervision of a single federal judge. The court plans to conduct and conclude preliminary proceedings, such as the production of documents, statements of fact and expert witnesses, the answer of written questions from the parties and requests to dismiss or pronounce a judgment without trial. At the investigation stage of this case, the courts ordered personal injury claimants to submit medical records and a list of treating physicians to support their allegations. Our law firm has extensive experience in recovering compensation for individuals who have suffered serious injury or death as a result of recalls of medical devices and dangerous medications.
We look forward to doing the same for those affected by CPAP machines and the Philips CPAP recall. According to allegations in a whistleblower complaint against Philips, the company paid illegal bribes to trick medical device providers into filing insurance claims for Philips CPAP and other ventilators. These corrupt schemes are illegal because they cheat the federal Medicare and Medicaid programs. With these figures comes the prospect that several thousand people may have claims due to defects in the machines. Class actions advance the economics of justice by potentially bringing together hundreds or thousands of claims in a single forum. Philips Respironics has recalled some mechanical ventilators, BiPAP and CPAP due to the potential health risks associated with sound-absorbing foam from these devices. This foam can break down and be inhaled by those using the device, potentially exposing them to dangerous chemicals. Anyone who has used one of the recalled sleep apnea devices and has subsequently been diagnosed with pulmonary fibrosis, other breathing problems or cancer may be able to take legal action against Philips and receive financial compensation. In the CPAP machine recall, Philips explained that the PE-PUR foam material used in the recalled devices can cause lung problems or cancer over time for long-term CPAP machine users who use mechanical devices for central sleep apnea. The recalled Philips sleep apnea devices are defective products that are unreasonably dangerous and pose a risk of cancer. If you or your loved ones are victims of a Philips CPAP machine, please call our law firm (or fill out the contact form on this page) to see if you are eligible for ongoing litigation. U.S.
District Judge Joy Flowers Conti in Pittsburgh will preside over both CPAP consumer class actions and personal injury lawsuits. Judge Conti is an experienced lawyer who has worked at the Bundesbank for almost 20 years. This means that some claimants could be selected to conduct so-called historical litigation, which is designed to help determine the validity of claims to facilitate the resolution process. Lawyers who do not belong to the manager category may still receive a portion of the fees awarded, and claimants with particularly viable claims could be viable candidates for the most important places. Of the approximately 3-4 million Philips devices recalled, approximately 80% of the affected products are CPAP machines, particularly those of the first generation of DreamStation devices. Injured victims and surviving family members who lost a loved one to fatal injury by the affected devices could file a Philips CPAP recall lawsuit to receive compensation. Some Philips Respironics CPAP/BiPAP fans and ventilators were recalled in January 2018. Consumers were advised to immediately stop using the apnea devices and return them for a full refund. Reported problems included cancer, pneumonia and respiratory problems. Depressingly, 124 CPAP-related deaths were reported. There is no conclusive evidence that the 124 deaths are solely due to the recalled CPAP machines. Yes – a large number of Philips Respironics fans, BiPAPs and CPAP have been recalled after elements of the polyester-based polyurethane (PE-PUR) soundproofing foam in these devices disintegrate, can be inhaled by the user or expose the user to certain hazardous chemicals.