What Is the Current Status of CPAP and BiPAP Litigation?

Lawyers Helping CPAP Injury Victims Determine Their Legal Options for Pursuing Compensation

In June of 2021, Philips Respironics initiated a recall of multiple models of CPAP and BiPAP machines. This action was taken after the company had previously issued a public safety notice to advise people of potential health risks when using these devices. The recall involved nearly four million devices, and millions of people across the United States may have been affected by these defective products. Those who have used CPAP machines for the treatment of sleep apnea may be able to pursue litigation against the manufacturer, and injury victims will want to understand how these cases are being handled.

Since lawsuits involving defective CPAP and BiPAP devices may be filed in multiple states, it is important for those who have used these devices to work with an attorney to determine their best options. Our lawyers have extensive experience representing clients in cases involving defective products and personal injuries, and we can help you understand the steps you can take to address your injuries and damages. We will advise you on how Class-Action lawsuits and Multi-District Litigation will affect your case, and we will ensure that you follow the proper procedures when filing a claim and pursuing financial compensation.

Lawsuits Involving CPAP and BiPAP Devices

The recall that is being performed by Philips Respironics is based on health concerns related to the breakdown of materials in CPAP and BiPAP machines. Multiple devices manufactured between 2009 and June 2021 used foam to reduce vibration and allow machines to operate more quietly. This foam was made of polyester-based polyurethane (PE-PUR), and the degradation of this substance may have caused small particles and toxic chemicals to enter a device's airways. Users who inhaled or swallowed these substances may have experienced multiple types of injuries and debilitating health conditions.

Since the recall was announced on June 14, 2021, multiple class-action lawsuits have been filed against Philips. However, these lawsuits have been based on claims of consumer fraud rather than injuries suffered by the users of these devices. Plaintiffs have claimed that the manufacturer's recall of CPAP and BiPAP machines has left them without the forms of treatment they need to properly address sleep apnea and related conditions, and they are seeking reimbursement for the costs of obtaining replacement devices, as well as other types of damages. On July 7, 2021, a plaintiff who filed a case in Federal Court seeking damages for his personal injuries filed a petition with the Multi-District Litigation Panel asking that all similar pending cases and those filed in the future related to the CPAP recall be consolidated for future handling.

The lawsuits that have been filed have raised multiple issues that may affect subsequent product liability cases. Plaintiffs have noted that even though Philips was aware of the potential risks of using its products, user manuals for the devices did not warn users about these hazards. Philips has also been accused of delaying the recall until it was able to release new models of CPAP and BiPAP devices that do not use PE-PUR foam. These issues and other factors that will be raised during the litigation of these cases may play a role in any lawsuits filed by users of these devices who are seeking compensation for injuries they have suffered.

Contact Our CPAP Injury Lawsuit Attorneys

Litigation related to the CPAP recall is still in the early stages, and it remains to be seen whether victims will be able to join existing class-action lawsuits or initiate new litigation based on product liability. If you have used one of the recalled devices, our lawyers can help you determine your options. We will review your medical records to identify injuries or health issues that may be related to your use of a defective device, and we will make sure you take the correct steps to pursue financial compensation. Contact us today to arrange a complimentary consultation and learn how you can move forward with your case.