In June of 2021, Phillips Respironics issued a recall notice for its CPAP, BiPap, and manual ventilator machines, affecting numerous types of their respiratory devices produced before April 26, 2021. It has been alleged that these devices were negligently designed and manufactured, and users were not made aware of the potential health risks associated with these products.
With an estimated 3.5 million devices affected by this recall, the legal proceedings for lawsuits against Phillips are expected to be vast. The following is a guide for those who think they may have been affected by this recall and the defunct devices produced by Phillips.
Determine if your model was recalled
Here is a list of all devices recalled by Phillips in 2021. At this time, it is believed this is the complete list affected by the erroneous design however, more devices may be added going forward.
CPAP and BiPap Devices
DreamStation ASV, DreamStation ST, AVAPS, SystemOne ASV4, C-Series ASV, C-Series S/T and AVAPS, OmniLab Advanced+, SystemOne (Q-Series), DreamStation, DreamStation Go, Dorma 400, Dorma 500, REMstar
Trilogy 100, Trilogy 200, Garbin Plus, Aeris, LifeVent, A-Series BiPAP Hybrid A30, A-Series BiPAP V30 Auto, A-Series BiPAP A40, A-Series BiPAP A30
These devices were recalled as they used polyester-based polyurethane (PE-PUR) foam as noise reduction insulation, which has been identified as a potentially cancer-causing agent. The FDA also determined that exposure to the foam particles and chemicals released by the CPAP machines may cause dizziness, hypersensitivity, nausea, and vomiting. If you do not see your device listed here but believe you have a case, consult our attorneys for further evaluation.
Identify and document any related injuries
Since this recall took effect less than two years ago, research into these defective devices and the health effects they caused is still relatively preliminary. As new cases are brought forward and investigated, it can be more definitively determined what Phillips should and will be liable for in terms of damages. In a lawsuit that deals with personal health, it is critical to definitively connect the damages to the associated person or product.
When doing a personal summary of your situation, here are some items to identify and include;
- When did you purchase and begin using the device?
- How long did you use the device?
- When did you first notice adverse symptoms?
- What symptoms have you experienced? Be as comprehensive and detailed as possible.
- Have you experienced any financial loss because of these symptoms? Ie. Medical bills, lost wages, etc.
- How have your symptoms affected your life?
This list will be a good beginning for your claim, but other questions will be added as necessary. Any paperwork, such as receipts or doctor’s records, is critical to ensure a complete status of your health can be created.
Contact an attorney and begin a lawsuit
Time is always important when filing lawsuits, and the case against Phillips is no different. If you, or a loved one, used one of these machines, it is recommended that you contact an attorney as soon as possible to determine if your case is litigable. Since the investigation and discovery of ventilator-related injuries is preliminary, the most minor health issues should be recorded and investigated in case they lead to more significant issues in the future. Your attorney can provide follow-up health appointments, and any loss in time can be pursued under pain and suffering related damages as part of the lawsuit.
Elrod Pope Accident & Injury Attorneys has extensive experience in personal injury claims and has attorneys dedicated to ensuring the highest quality representation in Phillips CPAP cases. Contact us today at (803) 599-3080 or visit our website to begin your claim.
How much could I be awarded in damages?
Since no Phillips CPAP cases have been settled yet, there are no direct examples to provide at this time. Preliminary estimates put upper-tier cases in the $100,000-$500,000 range, with lesser cases estimated at $10,000-$50,000. This is based on current information and can drastically change as new information is discovered during litigation.
How long will my case take to be resolved?
Given the seriousness and extent of the claims, it is expected the timeframe will be measured in years from initial consultation to settlement. With that said, each case is unique and must be handled accordingly by the representing attorney, so the type of damages and symptoms being experienced will affect the length of the case.
Do I have to pay anything?
The team at Elrod Pope will provide initial consultation free of charge and will investigate your claim without any fees being charged to the claimant. For cases such as this, it is common practice for fees to be deducted from the settlement awarded. You should not expect to have to pay for any costs during the legal process.