CPAP Lawsuit
Philips CPAP and BiPAP machines, used for treating sleep apnea, have been recalled due to toxic chemical exposure. If you use one of these machines, you may be able to join a lawsuit against the company.
Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: March 22, 2024
The O’Mara Law Group is accepting clients for the Philips CPAP recall lawsuit, a case against the medical device manufacturer. In June 2021, the company announced a sweeping recall of millions of machines due to a problem with the sound abatement feature (foam) exposing users to inhale dangerous particles and toxic fumes.
In September 2021, Philips received FDA approval to fix the recalled machines, including the popular Dream Station model, but it may have been too late for many users.
If you or a loved one contracted one of many forms of cancer or experienced other serious health effects from CPAP toxic chemical exposure, you may be able to participate in the CPAP lawsuit and receive compensation for your injuries.
Contact O’Mara Law Group today to find out whether you are a candidate for this case.
What is a CPAP? What is it used for?
CPAP stands for continuous positive airway pressure. A CPAP machine is used to help people with sleep apnea enjoy better sleep patterns. Sleep apnea is a sleep disorder in which the airways partially collapse during sleep, making it harder for the lungs to draw breath.
Many people with sleep apnea stop breathing dozens or even hundreds of times each night and wake up gasping for air. It’s more common in people who are significantly obese, as this causes pressure on the airways, but there is also a genetic component to the disease.
CPAP machines consist of a fitted mask, worn over the nose and mouth and attached to a hose. The hose is attached to a machine that forces air into the person’s lungs as they sleep. CPAP machines create negative pressure, preventing the airways from collapsing during sleep. Users are able to get enough oxygen during sleep and wake better rested and more alert.
Many people with sleep apnea depend on the CPAP machine for proper breathing during sleep.
Recall of Philips CPAP and BiPAP Sleep Apnea Devices
When recalling a series of CPAP and BiPAP devices, Philips disclosed that a polyurethane foam, PE-PUR, used for sound reduction in all Philips ventilator devices, degraded into very small particles which were then inhaled by users as they slept.
This recall warned of potentially serious and life-threatening injuries and permanent impairment.
A lab analysis of the degraded PE-PUR substance detected several harmful chemicals linked to cancers, including toluenediamine (TDA).
Dangers of the Recalled Philips CPAP Machines
The Philips CPAP and BiPAP (bilevel positive airway pressure) machine recalls are quite serious. Users inhaled toxic chemicals, often for several hours per day, for days, weeks or months. Users were subjected to serious health hazards.
The Philips company admitted that the recalled BiPAP, mechanical ventilator and CPAP machines posed serious harm that required medical intervention and treatment to avoid permanent damage.
The chemical and particle exposure of the recalled Philips machines resulted in many respiratory side effects, including:
- Irritation of the skin, eyes, upper respiratory tract and throat
- Upper and lower airway irritation
- Headache, nausea and vomiting
- Worsening asthma symptoms and labored breathing
- Coughing and chest pressure
- Sinus infection
- Damage to the kidneys and liver
The exposure may have toxic, carcinogenic effects, and prolonged exposure could lead to the development of many cancers, affecting all body systems.
If you or a loved one used a Philips CPAP or BiPAP device and now has cancer, you may be able to sign up for the Philips CPAP recall lawsuit.
What Philips sleep apnea devices were recalled?
Millions of devices were called for repair by the medical manufacturing giant. Philips recalled the following devices made between 2009 and April 26, 2021:
- 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
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 400
- Dorma 500
- E30
- Garbin Plus, Aeris, LifeVent (ventilator)
- OmniLab Advanced+
- REMstar SE Auto
- SystemOne ASV4
- SystemOne (Q-Series)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
Not every individual model of these machines will cause damage, but if you own and use one, you need to be seen by a medical professional immediately. Explain that you use one of these machines for sleep apnea and are concerned about your exposure to TDA.
Can I join the CPAP lawsuit?
There is currently a product liability CPAP lawsuit filed on behalf of victims in every state across the country. The individual cases were consolidated into multi-district litigation representing all plaintiffs. It was filed in September 2021 and is being heard in a federal court in Pennsylvania.
As of July 2022, the lawyers on both sides of the case began completing pre-trial discovery, which means that the trial has not yet begun. Both sides are preparing and may be discussing a settlement, although none has yet been reached.
The lawyers advocating for the plaintiffs are collecting evidence documenting the Philips company’s oversight that led to sickness, pain and even death. O’Mara Law Group’s mass tort lawyers are still accepting clients into the suit. If you feel as though you qualify for participation in the lawsuit, contact us today.
Frequently Asked Questions About CPAP Lawsuits
What is the connection between the Philips CPAP and BiPAP machines and cancer?
There have not been scientific studies confirming the direct link between inhaling the toxic chemicals from the CPAP machines and cancer or other diseases yet, as we are still very early in the process. The team of lawyers handling this case is taking on the task of confirming the link. PE-PUR is a known carcinogen and is present in the recalled CPAP machines, medical experts are working hard to create a concrete link between CPAP use and cancer.
How much is the CPAP lawsuit worth?
The Philips CPAP recall lawsuit is still a pending court case. The lawyers may be discussing the possibility of a settlement for the victims, but currently, it’s still an active case. Therefore, discussing CPAP lawsuit settlement amounts would be premature.
Rest assured, the litigators in this case have decades of combined negotiating experience and will fight hard for the maximum settlement amount for the plaintiffs.
My loved one used a Philips CPAP machine and died of cancer. Can I join the Philips CPAP lawsuit?
If your loved one died from cancer and was exposed to toxic chemicals from the CPAP, you may be able to join the case by filing a wrongful death suit against the company. Contact O’Mara Law Group for more information on this process.
Have you used a recalled Phillips CPAP machine?
If you believe you’re a candidate for the Philips CPAP lawsuit, it’s not too late to join the roster of plaintiffs. Contact O’Mara Law Group today to discuss your possible case. This lawsuit is currently pending so it’s important to get involved while they’re still accepting plaintiffs.
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