How Do I File a CPAP Lawsuit in Houston
Did you suffer health complications from using a Philip CPAP device in Houston? Here’s how you can file a lawsuit against the negligent manufacturers.
From car crashes to negligent security, premises liability, etc., personal injuries occur in various ways. One of the most devastating personal injury cases involves defective products due to defective design. They typically cause catastrophic injuries and may lead to death. Manufacturing defect cases are also so complicated that you can hardly win one without an experienced personal injury legal team.
One of the most recent defective products cases now involves medical devices called Continuous Positive Airway Pressure (CPAP) devices. Although their manufacturers gave a recall notice sometime in June 2021, users say the voluntary recall is too late. The harm has already been done, and the responsible parties must bear liability for their negligence.
Although class-action lawsuits for CPAP are still in their early stages, there’s a lot to learn. In this article, we’ll let you in on all you need to know about CPAP recall lawsuits in Houston. If you were a previous Continuous Positive Airway Pressure device user with adverse symptoms, we’d show you how to file a lawsuit.
What’s Continuous Positive Airway Pressure (CPAP) Device?
If you’re following Philips CPAP machine case carefully, you’ve probably heard of “Philips Respironics.” Philips Respironics is a part of Royal Philips, a popular Dutch medical device manufacturer. They produce many CPAP and respiratory products or breathing devices you see today.
CPAP is an acronym for Continuous Positive Airway Pressure. A CPAP machine helps to treat obstructive sleep apnea. Obstructive sleep apnea is the most common sleep-related breathing disorder, and it can affect anyone. Caused by a repetitive upper airway collapse during sleep, this condition stops normal airflow at night.
People living with this disorder will find themselves waking up at intervals to grasp for air. Sleep apnea complications include heart attack and stroke.
Sleep apnea devices solve this problem by using a hose and mask to deliver and clear the air pathway as you sleep. CPAPs and BiPAPs (Bi-level Positive Airway Pressure) can be modified into a breathing machine or ventilator.
Here’s how the FDA describes these device categories:
- BiPAP devices pump pressurized air into the lung’s airways. The Bi-level PAP devices have higher and lower pressures when breathing in and out.
- CPAC opens the airway through continuous airflow
- A continuous ventilator device helps patients’ breathe by delivering oxygen in predetermined amounts.
Unfortunately, these beneficial machines have only recently proven to have adverse health consequences. The adverse effects are due to a design defect that makes the polyester-based polyurethane (PE-PUR) foam break down. The PE-PUR foam helps to reduce sound in many medical devices.
When this sound abatement foam disintegrates, the user becomes exposed to black particles and toxic chemicals by inhaling or swallowing them. This foam particle can cause a victim’s permanent impairment, serious injury, or death without swift medical intervention.
What CPAP Devices Did Philip Respironics Recall?
Following evidence of exposure to black debris, harmful chemicals, and toxic particles due to the foam degradation, Phillip Respironics recalled specific CPAP, BiPAP, and Mechanical Ventilator devices. The recalled devices include:
- DreamStation Go
- DreamStation ASV
- DreamStation ST, AVAPS
- A-Series BiPAP A40
- A-Series BiPAP Hybrid A30 (not marketed in the United States)
- LifeVent Ventilator
- SystemOne ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced Plus
- SystemOne (Q-Series)
- A-Series BiPAP A30
- A-Series BiPAP V30 Auto Ventilator
- Dorma 400
- Dorma 500
- REMStar SE Auto
- Trilogy 100
- Trilogy 200
- Garbin Plus
Note that there are still ventilators from Philip CPAP that have not been recalled.
How Can I File a Philips CPAP Lawsuit in Houston, Texas?
If you’ve suffered carcinogenic effects and other complications from the recalled CPAP, BiPAP, and mechanical ventilator devices, you may be eligible for a personal injury claim.
This is based on the premise Philip Respironics failed to issue warnings about the machines’ defective designs and chemical exposure. The Food and Drug Administration was only aware of a failed safety test after the recall notification.
You can file an individual claim against Philip Respironics. Since the CPAP device has caused the same damage to hundreds and thousands, you can also join class actions.
The first step to filing a Philips mechanical ventilator machine lawsuit is determining your eligibility. To be qualified for such a lawsuit, you must prove the following:
- You have used any of the recalled devices
- You’ve experienced lung damage, chemical poisoning with injuries, airway irritation, cancers, etc., from Philips medical devices.
You’ll need help from a Philip CPAP lawsuit attorney to progress in your case. Ensure that you contact your lawyer as soon as possible to avoid restrictions from the statute of limitations.
Again, you may not need to file a lawsuit in court to get your compensation. Your lawyer will enlighten you more on this.
What’s the Potential Health Risk Associated With Philips CPAP, Bi-Level PAP, and Ventilator Devices
The Food and Drug Administration has classified the Philips CPAP recall as a Class 1 recall. This is the worst and most urgent type of FDA recall. Class 1 recalls typically mean that the device causes severe health problems or death.
Particles from the PE-PUR sound abatement foam increase a CPAP users’ cancer risk significantly.
Here’s a list of cancers this machine can cause:
- Prostate cancer
- Stomach cancer
- Lung cancer
- Rectal cancer
- Breast cancer
- Nasal cancer
- Colon cancer
- Hematopoietic cancer
- Testicular cancer
- Bladder cancer
- Thyroid cancer
- Papillary carcinoma
- Multiple myeloma
- Kidney cancer
Cancer is a life-threatening condition that has no cure.
- Respiratory Failure
Patients with respiratory failure have inadequate oxygen or too much carbon dioxide in their blood. This means that your organs cannot function probably because of an inadequate supply of oxygen-rich blood. This condition is life-threatening.
- Organ Damage
Organ damage is one of the most common health risks CPAP patients suffer. The most commonly affected organs include the kidneys, liver, and lungs. Organ failure can result in death.
- Upper Airway Irritation/Infection
Upper airway infection affects the upper respiratory tract. That includes the nose, larynx, pharynx, throat, and bronchi. It can make it difficult to breathe properly.
Types of acute upper respiratory infection epiglottitis, sinusitis, laryngitis, and bronchitis. Symptoms include fever, fatigue, wheezing, headache, etc.
- Heart Attacks and Heart Failure
Heart attack and heart failure are both heart diseases. However, they’re not exactly the same. Heart attacks happen when there’s little or no blood supply to the heart. On the other hand, heart failure results from the heart’s inability to pump blood efficiently.
There’s no cure for heart failure, although continued treatment help patients manage the condition. Heart attack treatments include oxygen therapy, beta-blockers, aspirin, and nitroglycerin.
Philips CPAP can cause asthma in users. Asthma is a lung disease that causes narrow, inflamed, irritable airways and difficulty in breathing. Common asthma symptoms also include coughing, wheezing, chest pressure, trouble falling asleep, pain, etc.
Philips CPAP machine causes many other devastating health complications like pulmonary fibrosis, repository track irritation, skin irritation, etc.
Will I Get Compensatory Damages for My Personal Injuries?
You will get adequate compensation for your injuries if you have a valid case. The type of damages you will get depends on your case’s specifics. Speak with your personal injury attorney to determine your expectations regarding compensation benefits.
Typically, however, you may get the following types of damages for your Philip CPAP injuries:
- Economic Damages
This refers to compensation for economic losses due to health complications from Philip CPAP. This includes medical bills, lost wages, cost of rehabilitation, treatment costs, etc. You need evidence from medical records, receipts, etc., to get economic damages.
- Non-Economic Damages
Non-economic damages refer to non-economic losses due to CPAP’s toxic foam inhalation complications. Examples of non-economic damages include pain and suffering, loss of quality of life, emotional distress, loss of consortium, etc.
It can be challenging to prove non-economic damages because it’s difficult to determine their monetary value. There’s also no hard evidence to prove non-economic damages.
- Punitive Damages
You may get punitive damages for your injuries in a CPAP lawsuit. This compensation is to punish the negligent manufacturer for their carelessness.
Contact an Experienced CPAP Recall Lawsuit Attorney in Houston Immediately
When your healthcare provider recommends using mechanical ventilator devices, you don’t expect them to harm you in the long run. Unfortunately, like in the case of Philips CPAP mechanical ventilators, the reverse can be the case. If you’re a victim of CPAPs’ toxic effects, you can get compensation for damages. All you need to do is contact an expert lawyer.
Not every personal injury attorney knows the ins and outs of CPAP machines lawsuits like we do at McDonald Worley. As such, you shouldn’t toy with your financial compensation by contacting less experienced legal professionals. We’re your best bet for top-notch legal services in Houston, Texas. Contact us for a free consultation today.