Medical Device Suppliers Are Filing Phillips CPAP Sleep Apnea Lawsuits

The retailers claim to have lost millions by being left in the dark about the Phillips CPAP recall and other warnings

Tuesday, March 29, 2022 - Phillips Respironics is facing an avalanche of lawsuits that allege using the Phillips DreamStation CPAP sleep apnea machine, and others, caused them to develop a life-threatening illness. Individuals that owned the machine noticed black particles in the device's clear airway passage as a result of the machine's sound abatement foam degrading. Further inspection also revealed that the machine's foam was sending toxic gasses and chemicals into the airway that the user was inhaling with every breath throughout the night when using the device. CPAP cancer lawsuits allege that the product is defective and caused personal injury. In June of 2021, Phillips Respironics was forced by the US Food and Drug Administration to recall millions of CPAP devices because of the defective noise cancellation foam. Phillips recall lawyers representing those injured by using the device seek monetary compensation for their lung, mouth, and other respiratory injuries. Individual lawsuits are being filed every day and are being consolidated in multidistrict litigation (MDL) in the U.S. District Court for the Western District of Pennsylvania. Most lawsuits are by individuals with cancer of the mouth, throat, esophagus, and lungs, but others have developed other respiratory diseases such as COPD.

RetailConsumerProductsLaw reports that medical suppliers of the recalled, defective, Phillips CPAP machines have also organized to file suit alleging that they were misled to think the device was safe. RCPL reports, "(the lawsuit) alleges that Philips breached its express warranty and misrepresented the risks inherent in the polyester-based polyurethane (PE-PUR) foam found in the machines, which can potentially cause cancer and other injuries." According to RCPL, the lawsuit also alleges that Phillips Respironics took an unreasonably long time to notify medical device suppliers of the CPAP machine's defects and its recall. The lawsuit alleges that medical device suppliers lost money by purchasing the machines under misleading pretenses and then were unable to resell the machines. " claims against Philips (include) breach of express warranty, fraudulent misrepresentation, fraud by omission, and unjust enrichment."

The new line of Phillips CPAP lawsuits builds on a recent warning letter sent to the company by the FDA. Phillips stands accused of failing to follow through on its promise to recall its sleep apnea machines and a warning letter was sent to the company earlier in the year. In the letter, the FDA asserts that Phillips Respironics failed to contact registered owners of the devices to warn them of the deadly carcinogenic foam degradation issue. The company did not advise consumers to immediately stop using the device and instead recommended each person consult with their doctor to make an individual decision. Plaintiff attorneys allege this action was taken to delay the recall until a suitable replacement device could be sold to consumers. The FDA has taken this as an unwillingness to immediately repair and replace the machine as the company promised. The FDA's warning letter reiterated the concerns of plaintiffs with cancer or other lung disorders allegedly from using the CPAP sleep apnea device. "FDA has determined that the degradation of the PE-PUR sound abatement foam and the potential for debris to be released into the device's air pathway has caused the Recalled Products to present an unreasonable risk of substantial harm to the public health. Particulate matter small enough to stay airborne can be inhaled through the nose (nasal route) or the mouth (oral route)."

More Recent Philips CPAP Cancer Lawsuit News:

• Results of Phillips-Funded Studies Call The Use of Ozone Cleaning Products Into Question | 7/20/2022
• Phillips CPAP Malfunctions And Using An Ozone Cleaning Solution May Go Hand In Hand | 7/10/2022
• SoClean Cleaning Solution Is Accused Of Being Unsafe And May Have Contributed To Phillips CPAP Malfunction | 7/2/2022
• Bloomberg Alleges Phillips Knew Of The Health Hazards From Sound Abatement Foam Years Before The CPAP Recall | 6/14/2022
• The FDA Is Recalling 55,000 Ventilators Made By Phillips Respironica | 6/7/2022
• Phillips Respironics Sleep Apnea Machine Recall Falls Far Short Of Expectations | 6/3/2022
• People Are Dying From Cancer And Suing Phillips Respironics For Negligence Leading To Personal Injury | 5/24/2022
• A Wrongful Death Lawsuit Claims The Foam Manufacturer Is Liable For Using Substandard Material | 5/9/2022
• A Wrongful Death Lawsuit Claims The Foam Manufacturer Is Liable For Using Substandard Material | 5/9/2022
• Sleep Apnea Patients From The Cleveland Clinic Want To Know When To Expect Their DreamStation Sleep Apnea Machine Replacement | 4/28/2022
• Unapproved Ozone Cleaning Contraptions May Be A More Likely Cause of CPAP Airway Contamination | 4/20/2022
• Phillips CPAP Lawsuits Allege The Machine Causes Varying Degrees of Respiratory Illnesses | 4/5/2022
• The US Food And Drug Administration Considers The Phillips CPAP Recall Efforts To Be Ineffective | 3/18/2022
• Phillips Respironics May Not Have A Suitable Solution To Their Defective Sleep Apnea Devices | 2/25/2022
• Phillips Telling Patients To Consult With Their Physicians Before Discontinuing Using The Recalled Sleep Apnea Device | 2/21/2022
• US Government Regulators Acknowledge The Serious Nature Of The Phillips CPAP Cancer Recall With Class 1 Recall | 2/11/2022
• Phillips Respironics And SoClean Inc. May Have To Share Responsibility For CPAP User Cancer | 2/7/2022
• Phillips Respironics Waited Too Recall Sleep Apnea Machines And Their Customers Died As A Result | 2/2/2022
• The FDA Thinks The Phillips CPAP Machines May Lead To Developing Deadly Forms of Cancer | 1/28/2022
• The FDA Tells CPAP Users That SoClean Ozone Cleaning Solutions Are Not Legally Marketed | 1/14/2022
• Sleep Apnea May Affect Millions More Than Those Using CPAP Devices | 1/10/2022
• Phillips Delayed The CPAP Recall Until Another Device Could Be Sold To Consumers | 1/4/2022
• FDA Accusations Of A Coverup Will Be Hard For Phillips To Dismiss | 12/29/2021
• A Women Allegedly Developed Breast Cancer From Using The Phillips CPAP Sleep Apnea Machine | 12/22/2021
• Phillips And SoClean May Be Forced To Share Legal Responsibility For Failing To Warn Consumers | 12/16/2021
• Royal Phillips Versus SoClean Inc. Could Determine The Outcome Of DreamStation CPAP Lawsuits | 12/1/2021
• Recalled Phillips Sleep Apnea Devices Could Approach 15 Million Units Or More | 11/24/2021
• Sleep Apnea Patients Look To Replace Their Recalled Phillips CPAP Machine Since Phillips Seems Incapable | 11/17/2021
• Ozone Cleaning Products Are Not FDA Approved And May Be Responsible For CPAP Foam Insulation Breakdown | 11/12/2021
• CPAP Plaintiffs Suffer Anxiety From Not Knowing How Severe Their Lung Problems May Be | 11/8/2021
• New Lawsuits Allege CPAP User Developed Pancreatic Cancer From Using the DreamStation CPAP device | 11/1/2021
• Sleep Apnea Patients Continue To Use Their CPAP Device Because They Are Unable To Function The Next Day Without It | 10/27/2021
• Problems Mount For Royal Phillips From Multiple Sources Over CPAP Machine Malfunctions | 10/23/2021
• Royal Phillips Battles SoClean For Responsibility In Causing Lung Disease And Disorders | 10/19/2021
• Phillips NV Claims That A Third-Party Cleaning Solution Is The Cause Of Their Sound Abatement Foam Degrading | 10/14/2021
• The US Attorney General Is Concerned Phillips Is Failing To Deliver a Timely CPAP Solution | 10/11/2021
• A Sleep Apnea Doctor Offers Sound Advice For Patients In The Wake Of The Phillips CPAP Recall | 10/5/2021
• Sleep Apnea Problems Continue For Millions Affected By The CPAP recall | 9/29/2021
• Phillips DreamStation CPAP Turns Into a Nightmare For Millions of Users | 9/27/2021
• Phillips CPAP DreamStation Cancer Could Go Undetected For A Decade | 9/23/2021
• The Phillips Sleep Apnea Device Recall Includes Both Life-Supporting and Non-Life Supporting Models | 9/17/2021
• Phillips CPAP Stockholders Were Tipped Off About CPAP Failures More Than A Month Before Millions of Users | 9/14/2021
• The Phillips Sleep Apnea Machine Recall And Replace Affects Mostly US Owners | 9/9/2021
• Phillips CPAP Sleep Apnea Device Recall Will Begin Soon But Could Take One Year To Complete | 9/6/2021
• Phillips CPAP Users May Have A Replacement Device Coming Within The Next Several Months | 9/1/2021
• FDA Recall Classification of Phillips CPAP Devices Is The One Reserved For The Most Worrisome Medical Devices | 8/26/2021
• Charities Re-Purpose Non-Essential Sleep Apnea Machines Into Covid-19 Ventilators | 8/24/2021
• The Life or Death Demand Created By The Delta Variant Of Covid-19 Magnifies The Need For Safe Ventilators | 8/20/2021
• Former Phillips CPAP Users May Not Get A Replacement For Months | 8/18/2021
• You May Have Sleep Apnea And Not Know It | 8/16/2021
• Lawsuits Are Being Filed By People That Have Developed Cancer From Using The Phillips Sleep Apnea Device | 8/11/2021

Lawyers for CPAP Cancer Lawsuits

We will represent all persons in involved in a BiPAP or CPAP cancer lawsuit on a contingency basis, meaning there are never any legal fees unless we win compensation in your case. Anyone who developed cancer or another serious side effect as a result of using a Philips CPAP sleep apnea machine or ventilator in --or is a family member of such a person--is eligible to receive a free, no-obligation case review from our attorneys. Simply contact our firm through the online contact form or the chat feature and one of our Philips BiPAP cancer lawyers serving will contact you promptly to discuss your case.