CPAP Lawsuits

The Elrod Pope Law Firm P.A. attorneys are accepting claims involving Philips CPAP and BiPAP sleep apnea machines. We provide legal representation to individuals suffering from health problems after using a CPAP or BiPAP machine.

Attorneys accepting CPAP lawsuits

Did you use a sleep apnea/CPAP machine? Have you developed health problems? You may be entitled to financial compensation. Work with our attorneys who are dedicated to your recovery. Claims are ongoing, but the time to file your claim is limited. Contact us today. 

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No upfront costs to you or your family. We strive to recover the maximum possible compensation allowed under the law for our clients.

What CPAP and BiPAP devices have been recalled?

The following CPAP and BiPAP devices are under recall:

  • E30 (Emergency Use Authorization)
  • 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 SE Auto

Continuous ventilators and noncontinuous ventilators are subject to recall.

What Philips Respironics ventilators are under recall?

  • Trilogy 100, Trilogy 200
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP Hybrid A30 (not marketed in US)
  • A-Series BiPAP V30 Auto
  • A-Series BiPAP A40, A-Series BiPAP A30

Source: Food and Drug Administration Philips Machines Recalled Due to Potential Health Risks

What is the basis of the CPAP lawsuit?

CPAP manufacturers inserted a polyester-based foam into several of their products. While the purpose of the foam was to reduce noise and make the devices more comfortable to use, the unintended result was that users could inhale particles of foam. The chemicals in the foam can cause serious medical complications including some cancers. Victims are using their injuries as the basis of the CPAP lawsuit.

Claims may be based on negligence and that manufacturers may have known about the problems that the foam could cause. The machines may be defective because of their design and tendency to cause medical problems. In addition, manufacturers may have failed to warn consumers adequately about the possible risks associated with the products.

What is the 2022 CPAP lawsuit update?

CPAP lawsuits are continuing into 2022. In late 2021, the United States Judicial Panel on Multidistrict Litigation acknowledged that responding plaintiffs support centralization of claims for discovery and preliminary procedures. The panel ordered some cases transferred for coordinated and consolidated pretrial proceedings. For victims, this means that the courts are assisting plaintiffs in streamlining claims for faster and more efficient resolution.

(Source: In re: Philips Recalled CPAP, Bi-LEVEL PAP and Mechanical Ventilator Products Liability Litigation, MDL No. 3014)

Can I still file a CPAP lawsuit?

Hundreds of CPAP lawsuits have already been filed throughout the United States. It is still possible to file a claim, but you should contact an attorney for CPAP lawsuits as soon as possible. Time deadlines apply.

Legal experts expect hundreds or thousands of victims to continue to file lawsuits in the future. Our attorneys handle personal injury claims including on behalf of victims suffering health problems from using CPAP machines. We can work quickly to file your claim. Contact us today.

What do I do about my CPAP recall?

If your CPAP has been recalled, you should do the following:

  • Contact your medical care provider immediately. Talk about the recall and screen for all medical conditions.
  • Evaluate your health care plan, and decide if you should stop using your device or make changes. It may or may not be appropriate to immediately discontinue use of the recalled product. Talk to your health care provider about what to do.
  • Learn about potential symptoms and other signs of harm.
  • Look up your product on the Philips recall webpage. Register your device and begin a claim.
  • Read more from the U.S. Food and Drug Administration. Find answers about what Philips is required to do because of the recall, including creating a plan to repair or replace the affected devices.

CPAP Lawsuit FAQs

Why are people filing CPAP lawsuits?

The polyester-based polyurethane foam in CPAP products may break off and cause harm to CPAP users. Victims are bringing lawsuits for financial compensation based on medical complications and suffering.

How serious is the CPAP recall?

Phillips Respironics has formally recalled some CPAP devices because of dangers posed by polyester-based polyurethane sound reduction foam. When a user inhales black debris from the foam or bi-product chemicals, serious complications may occur including cancers, inflammation and respiratory failure.

What is the CPAP lawsuit worth?

Because of the severe harm associated with particle inhalation from CPAP use, compensation may exceed $100,000. Lawsuits are in the early stages, and each case has unique factors, so it is hard to determine an approximate amount of a CPAP lawsuit.

Although legal experts expect compensation amounts to be high, there are several variables that may impact amounts including the harm to the victim, association of medical problems with device use and the litigation process. An experienced lawyer can give you a personalized evaluation of what to expect for an individual claim.

How do CPAP machines work?

CPAP machines create an airflow for the user through use of a mask. The goal is to increase pressure to maintain continuous breathing. The air pressure assists the body to keep airways open and prevent respiratory problems. The devices are used to treat sleep apnea.

Do I qualify for the CPAP lawsuit?

If you answer the following questions “yes,” you may qualify for the CPAP lawsuit:

  • You used a recalled CPAP, BiPAP, ventilator or sleep apnea machine
  • The duration of use was at least six months
  • You have a health problem like a respiratory issue, liver problems, kidney problems or cancer
  • The health problem occurred after use of the recalled device
  • Medical problems are serious enough to require medical treatment
  • You have financial losses, physical suffering and emotional anguish as a result of your medical problems

Attorneys Taking CPAP Lawsuits – Free Consultation

The Elrod Pope Law Firm P.A. has knowledge and courtroom experience when you need it most. Our lawyer team has steadily grown through our fearless perseverance for our clients, and we are ready to help you. Our litigators are currently taking CPAP lawsuits.

Time is limited, and you may deserve financial compensation. We invite you to take action and speak with a lawyer now.

If you have used a CPAP machine, contact us to see how you might receive financial compensation. Call us today.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.