Is Joining a CPAP Class-Action Lawsuit Best for Me?

 Posted on February 02, 2023 in CPAP and BiPAP Litigation

More than five million people with sleep apnea have used CPAP machines hoping to get some rest. Unfortunately, many of them have ended up developing serious health problems. If you relied on a CPAP machine and you suffered illness or injury because of the device, you may be able to pursue compensation for your injuries from the manufacturer. It can be confusing to know if you should pursue a class-action lawsuit or file an individual claim. In this article, we will discuss the differences.

Understanding What Triggered the Recall

Philips Respironics recalled CPAP machines that were manufactured from 2009 to 2021, because the polyurethane foam (PE-PUR) used to soundproof the machine exposed users to toxic particles while they inhaled. 

Since the recall was announced in the summer of 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 users. These consumers were trying to seek reimbursement to obtain replacement devices to deal with their sleep apnea. People can benefit from a class action lawsuit if there is a large number of people impacted by the negligence of a single company. When a verdict or a settlement is reached, the damages awarded are distributed among those who joined the class-action lawsuit.

Serious Injuries and Individual Lawsuits

An individual lawsuit may be the best course of action if you suffered serious health injuries beause of a CPAP device. Cases in which people suffered injuries are typically not appropriate for a class-action lawsuit. Even though you may share similar injuries as others harmed by a CPAP, every individual has a different medical history, experience with the device, making it difficult to have these types of claims handled as part of a class action lawsuit. Therefore, filing an individual lawsuit may be the better path.

Serious Health Diagnosis

You likely have a legitimate claim for damages if you have a a serious illness, including cancers of the liver, throat, or breast, Non-Hodgkin’s Lymphoma, or multiple myeloma. If you experienced pain and suffering, medical bills, and other damages as a result of your diagnosis, then a CPAP settlement or litigation may compensate you for your injuries. 

Contact a CPAP Lawyer

If you have developed serious health issues after using a recalled CPAP machine a CPAP injury attorney can help you determine possible options to pursue. At CPAP Injury Attorneys, we will advocate on your behalf to ensure that you receive compensation for the injuries and damages you have experienced. 

Sources:

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

https://www.npr.org/2022/10/25/1131380992/phillips-cpap-recall-sleep-apnea-foam-particles