Can I File a Lawsuit Due to a Defective CPAP?
In June 2021, Philips Respironics recalled their BiPAP, ventilators and CPAP devices which were manufactured from 2009 to 2021 because of potential health risks associated with using it. The company is among the largest producers of the machines, and it is estimated that 80% of the devices that were recalled are The Continuous Positive Airway Pressure machines. These machines were designed to help people suffering from sleep apnea to breathe easily at night. The machine works by ensuring there is a continuous oxygen flow to the respiratory system. It keeps the airways of the user open so they can breathe easily.
However, the machine has health risks which were brought about by exposure to the polyester-based polyurethane sound abatement foam in the device. The foam’s function is to minimize the sounds produced by the gadgets. However, it can degrade over time into small particles which enter the machine’s airway and are ingested or absorbed. When inhaled, the particles can cause inflammation or cancer.
After the company recalled their products from the market, there was a class action lawsuit against the company. People came out to allege that their health was affected by using the defective devices. According to the claims, the company endangered the lives of the patients by using the sound dampening foam that can degrade over time and affect the health of the people using it. Moreover, the victims allege that the company failed to warn them about the dangers of the products. The company alleges it became aware of the problem in April 2021. However, they did not announce the recall until June 2021.
Filing a claim
If your health has been affected by using the Continuous Positive Airway Pressure machine, then you can file a Philips CPAP lawsuit and get compensation for your damages. However, in order to qualify for compensation, you must have used the defective device that was called off the market and been diagnosed with a medical condition such as kidney, liver, lung and rectal cancer. Other negative effects associated with the use of the devices include organ damage, respiratory problems, headaches, hypersensitivity, dizziness, nausea, asthma, cancer and irritation to eyes and skin.
Moreover, if you feel the health or life of your loved one was affected by using the device, then you can be eligible for compensation. The compensation amount will depend on how strong your case is and the level of pain and suffering you have endured. You should build the case and file the claim early. If you wait for a long time, it may be hard to prove the negligent party’s liability and get compensated.
When you reach out to an attorney, they may ask questions such as the specific device you used, whether you kept the recalled device, the serious injuries you sustained, the symptoms you have and your reason for filing the claim.
According to the company, the health risks associated with the recalled products could cause a wide range of patient problems such as injuries, complications and symptoms. Moreover, victims could get serious injuries that can either cause permanent impairment or loss of life. Therefore, you or a loved one may suffer permanent or chronic issues. Thus, when you file a claim, you may get the monetary compensation needed to handle all the medical bills as well as the pain and suffering.
If you have used the device for over a year and you have developed health complications or injuries that you believe are linked to the device, you should contact an attorney to help you explore your legal options. You can file the claim and get monetary compensation to cater to the damages sustained.