*Please note that we are no longer accepting clients for Philips CPAP claims
Millions of people rely on continuous positive airway pressure (CPAP) machines and other respiratory devices to treat conditions like sleep apnea. Philips Respironics, a leading CPAP device manufacturer, recalled several of its devices due to their risk to patients.
If you were injured or became sick after using a Philips CPAP machine, you may be eligible for financial compensation—and the national mass tort attorneys at Shapiro Legal Group, PLLC can help. Our Philips CPAP recall lawyers are representing clients in their lawsuits against the manufacturer and will work diligently to secure the justice that you deserve.
Philips CPAP Recall Resources
To quickly access the resources at any point on this page, please click the appropriate link below.
Why Hire the Shapiro Legal Group, PLLC?
Why Were Philips CPAP Machines Recalled?
Which Philips CPAP Machines Were Recalled?
Which CPAP Machines Are Not Impacted by the Recall Order?
What Injuries Are Related to Defective Philips CPAP Machines?
Who Can File a CPAP Injury Lawsuit?
What is the Deadline to Join a CPAP Recall Lawsuit?
Questions CPAP Lawyers May Ask
What Damages Can Be Recovered?
Philips CPAP Lawsuit FAQ
Contact a Defective Philips CPAP Attorney Today
Why Hire a Philips CPAP Recall Lawyer from Shapiro Legal Group, PLLC?
- Our firm has over 20 years of experience representing injured people in mass tort litigation. We specialize in cases involving dangerous and defective products.
- Our attorneys represent people nationwide. We co-counsel with top personal injury and mass tort firms to ensure that you receive the strongest possible legal representation.
- We understand how painful a CPAP injury or illness can be. Our firm will provide you with the support that you need from consultation to settlement, allowing you to focus on recovery.
Why Were Philips CPAP Machines Recalled?
In June 2021, Philips issued a voluntary recall for millions of its respiratory care devices, including CPAP machines; bilevel positive airway pressure (BiPAP) machines; and adaptive-servo ventilation (ASV) devices.
The basis for this recall was the polyester-based polyurethane (PE-PUR) sound abatement foam in these machines. At high heat and humidity, PE-PUR foam can degrade into black particles that are potentially carcinogenic.
When the foam degrades, these particles can travel into the device’s air pathway and be swallowed by the patient. Over time, the patient can develop severe and potentially life-threatening illnesses and injuries.
Which Philips CPAP Machines Were Recalled?
There are three categories of CPAP machines that were recalled by Philips: CPAP and BiPAP (non-continuous ventilators); ASV and continuous ventilators (non-life supporting); and mechanical ventilators.
If you still own one of these machines, speak to your doctor as soon as possible about alternative treatment options.
CPAP and BiPAP Machines (Non-Continuous Ventilator)
- DreamStation
- REMStar SE Auto
- DreamStation Go
- Dorma 400/Dorma 500
- SystemOne
ASV and Continuous Ventilators (Non-Life Supporting)
- E30 (Emergency Use Authorization)
- SystemOne ASV4
- DreamStation ASV
- DreamStation ST/AVAPS
- C-Series ASV/C-Series S/T/AVAPS
- OmniLab Advanced+
Mechanical Ventilators
- A-Series BiPAP Hybrid
- A-Series BiPAP V30 Auto
- A-Series BiPAP A30
- A-Series BiPAP A40
- Garbin Plus, Aeris, LifeVent
- Trilogy 100/Trilogy 200
Which CPAP Machines Are Not Impacted by the Recall Order?
The following Philips machines are not part of the recall. These machines do not use the polyester-based polyurethane (PE-PUR) sound abatement foam, or the foam is in a different location and cannot travel into the patient’s airway.
- M-Series
- Dorma 100/Dorma 200
- A-Series Pro and EFL
- REMStar SE
- Trilogy 202
- Trilogy EV300
- V60, V60 Plus, and V680 Ventilators
- Trilogy Evo and Trilogy Evo OBM
- DreamStation 2 CPAP, BiPAP, and APAPs
- Any oxygen concentrators or respiratory drug delivery devices
What Injuries Are Related to Defective Philips CPAP Machines?
Former Philips CPAP patients have reported developing cancer, respiratory injuries, and a host of other injuries and illnesses due to these machines. These injuries include, but are not limited to, the following.
- Bladder cancer
- Brain cancer
- Breast cancer
- Leukemia
- Heart failure
- Lung cancer
- Liver disease
- Rectal cancer
- Kidney cancer
- Respiratory failure
- Stomach cancer
- Renal disease and kidney failure
- Reactive airway disease (RAD)
- Acute respiratory distress system (ARDS)
- Severe ear, nose, or throat inflammation
Who Qualifies to File a CPAP Lawsuit?
You may qualify for a CPAP lawsuit if you developed an injury or illness after using a recalled Philips device. Generally, people who meet the following criteria are eligible to file a CPAP lawsuit.
- You owned one of the machines that Philips has recalled and used the device nightly for at least six months.
- After using the machine for at least six months, you developed cancer; damage to your liver, kidney, or other organs; or a respiratory injury or illness, such as pulmonary fibrosis.
The only way to be sure if you are eligible for litigation is to speak to an attorney about your case. As soon as possible following your diagnosis, contact an attorney at Shapiro Legal Group, PLLC to discuss your legal options.
What Is the Deadline to Join a CPAP Recall Lawsuit?
If you believe that you qualify for a Philips CPAP recall lawsuit, it is important to seek the help of an attorney as soon as you can. You must file your lawsuit within the appropriate statute of limitations, a law that establishes a deadline for bringing certain types of cases to court.
Filing deadlines can vary based on where you live. Unless you qualify for an exception, the court will likely dismiss your case if you do not file within the appropriate time frame.
- If you live in Kentucky, you must file within one year of the date that you discovered your injury.
- If you live in California, New Jersey, or Ohio, you have two years from the date that you discovered your injury to bring your claim.
- If you live in Massachusetts, Maryland, New York, or Montana, you must file within three years from the date of your injury.
- If you live in North Dakota, you have 10 years from the date that you initially purchased the device to file.
- If you live in Florida, you must file within four years from the date that you discovered your injury. However, you cannot file more than 12 years after purchasing the device.
Questions CPAP Lawyers May Ask
When you reach out to Shapiro Legal Group, PLLC about a CPAP claim, your lawyer may ask you a few questions to get to know you and your case better. He or she may ask about your experience with the machine and the condition that you were diagnosed with.
Before attending your consultation, it is a good idea to gather evidence like medical records, receipts for your device, medical bills, and any other documents that can inform your case. Using this evidence, you can answer the attorney’s question and receive a clearer answer regarding your eligibility.
Some of the questions that your lawyer may ask include, but are not limited to, the following.
- Which type of Philips machine did you use? Is it a machine on the list of recalled devices? If not, you may not be eligible for a lawsuit against the manufacturer.
- Did you keep your recalled machine? Your machine may serve as valuable evidence in your potential case.
- What types of injuries or illnesses have you experienced due to your Philips CPAP machine? What symptoms did you experience?
- Why do you want to file a CPAP lawsuit? What types of compensation are you seeking to recover? Your attorney can carefully evaluate your case and strategize ways to secure optimal compensation.
Damages a Person Impacted by a Defective Device Can Recover
By filing a Philips CPAP lawsuit, you could recover financial compensation to pay for the losses that you experienced due to your injuries or illness. Generally, there are two categories of compensatory damages that you could claim: economic damages and non-economic damages.
Economic Damages in CPAP Lawsuits
Economic damages refer to the tangible, financial losses that you suffered as a result of your injury or illness. These have a direct impact on your quality of life and may have led to serious hardships.
Examples of economic damages in CPAP lawsuits include, but are not limited to, the following.
- Past and future medical expenses, including surgeries, medications, and chemotherapy sessions
- Lost wages during your recovery period and a loss of future earnings if you are unable to return to work
- Disability accommodations that you require due to your injury or illness, such as mobility equipment and modifications to your home or vehicle
Non-Economic Damages in CPAP Lawsuits
On the other hand, non-economic damages involve the pain and suffering that you endured due to your injury or illness. These intangible losses can be physical or psychological in nature.
Common examples of non-economic damages include the following.
- Chronic pain
- Permanent disability
- Loss of quality of life
- Emotional distress
- Depression
- Anxiety
- Fear
- Anger
- Mental anguish
- Post-traumatic stress disorder
Calculating Your CPAP Settlement
It can be challenging to calculate the full extent of your CPAP settlement. You may be unsure of your long-term medical costs or how to assess your non-economic damages. In these situations, you can trust the attorneys at Shapiro Legal Group, PLLC to accurately determine your estimated award.
Our lawyers will carefully identify all possible avenues to compensation and consult with expert witnesses as necessary. Using these resources, you can gain an accurate picture of your needs and advocate for adequate compensation.
Philips CPAP Lawsuit Frequently Asked Questions (FAQs)
Navigating a defective product lawsuit can be confusing, especially when it involves complex medical devices like CPAP and BiPAP machines. Our clients often come to us for more information about the litigation process.
Below are a few answers to some of the most frequently asked questions that we receive about Philips CPAP lawsuits.
Do I Qualify for a Lawsuit?
You may qualify for a Philips CPAP lawsuit if you used one of the recalled devices for at least six months and developed an illness or injury associated with the defective device. An attorney from Shapiro Legal Group, PLLC can assess your case and identify your options for recovery.
Which CPAP Machines Were Recalled?
Several types of Philips CPAP, BiPAP, ASV, and continuous ventilation devices have been recalled by the manufacturer. These include popular devices like DreamStation and DreamStation Go. See above for a comprehensive list of these recalled machines.
What Types of Diseases Qualify for a Lawsuit?
Generally, Philips CPAP machines are associated with several types of cancer, organ damage, and respiratory injuries. The liver, kidneys, and bladder can be particularly affected by the dangerous PE-PUR foam.
How Do I Prove a CPAP Lawsuit?
To prove a CPAP lawsuit, you will need to show that you used the device nightly for at least six months and later developed an injury or illness associated with it. In court, you will need to gather enough evidence to prove four important facts.
- You were diagnosed with an injury or illness.
- The Philips machine is defective in some way.
- The machine’s defect caused your injury or illness.
- You were using the device as the manufacturer intended.
Evidence like medical records, scientific testimony, and the device itself can all help establish the manufacturer’s liability and your right to recovery.
How Much Will My Settlement Be?
The damages available in a Philips CPAP lawsuit will depend on the individual losses that you experienced. As a result, it is difficult to determine your average settlement without speaking with a lawyer. It is possible for these claims to yield verdicts that are tens and even hundreds of thousands of dollars.
Several factors can influence the value of your claim, such as the following.
- The severity of your injuries
- The length of time that you are away from work
- Your ability to return to work
- The need for specialized or long-term medical care
- Whether the illness is terminal or has shortened your life expectancy
How Much Does It Cost to Hire a CPAP Lawyer?
Many people forgo legal representation because they believe that hiring a lawyer is too expensive. The attorneys at Shapiro Legal Group, PLLC understand the financial hardship that often accompanies a serious injury or illness. That is why we take all cases on a contingency fee basis.
Under this arrangement, you will not pay any legal fees unless we secure a financial settlement on your behalf. Our payment will come from an agreed-upon percentage of your final award, effectively limiting your out-of-pocket costs.