Forms of Compensation for CPAP Injuries

 Posted on November 10, 2022 in CPAP and BiPAP Litigation

As efforts to replace CPAP machines now stretch into next year, what can sleep apnea users do? More than five million people may have been exposed to toxic substances in their effort to get a good night’s rest. Injuries may have led to ongoing chronic health issues and disabilities affecting a person’s quality of life. If the therapy that was meant to give you sound sleep has turned your life upside down with a cancer diagnosis and ongoing medical treatments you are entitled to seek compensation for your CPAP injuries.

Dangerous Foam

Royal Philips recalled the machines last year because the foam used to reduce the noise level of the motor breaks apart releasing toxic chemicals. The pieces of foam have been swallowed by people thereby causing throat, liver, lung, and kidney cancers, among others. Sleep apnea machines have also led to serious injuries and deaths.

Possible Compensation for CPAP Health Injuries

If you used one of the recalled CPAP machines for six months or more between 2009 and May 2021 and you have been diagnosed with cancer, you have every right to seek legal counsel. In most cases, you will have two years to file a lawsuit against the manufacturer after you were diagnosed.

Damages will compensate someone for the losses sustained as a result of an injury or illness caused by a defective product or they will punish the defendant for egregious conduct. Here are some forms of compensation that you may be entitled to if you used a CPAP device: 

• Medical bills – Medical treatment can add up to tens of thousands of dollars depending on your injury. You could be entitled to physician copays, diagnostic testing, ambulance rides, medication, surgeries, and more. 
• Birth defects – If you were pregnant and used a CPAP device you could be entitled to compensation if using the device harmed your child. Damages would be for the child's ongoing medical treatment and other expenses related to their disability.
• Lost wages – You may be entitled to compensation for lost wages or any lost profits if you are self-employed. If your illness will prevent you from working in the future you may also claim lost wages for that.
• Property damages – This includes any out-of-pocket costs incurred for the CPAP machine or for getting a replacement.

Other damages may include pain and suffering and loss of enjoyment of life. You are entitled to loss of consortium which is the inability to care for your children and even the loss of ability to perform conjugal duties.

Punitive Damages

Punitive damages seek to punish the defendant for gross negligence. The amount will depend on Philips’ knowledge of selling defective products, efforts to conceal wrongdoing, the length of time of the wrongdoing, and efforts to minimize damage after the problem was discovered.

Wrongful Death Damages

Surviving family members of those who died after using a CPAP machine may recover damages through a CPAP wrongful death lawsuit. This can cover medical expenses, funeral expenses, burial costs, as well as loss of companionship and financial support.

Contact a CPAP Injury Lawyer

If you have cancer as a result of using a CPAP machine you are entitled to compensation. At CPAP Injury Attorneys we have skilled attorneys who will help you understand your legal options. Call 844-847-2727 for a free consultation. Our CPAP injury attorneys will review your case and determine if you have a valid claim against the manufacturer.

Source:

https://www.fda.gov/medical-devices/safety-communications/update-certain-philips-respironics-ventilators-bipap-machines-and-cpap-machines-recalled-due