People Are Dying From Cancer And Suing Phillips Respironics For Negligence Leading To Personal Injury

Lawsuits allege Phillips had an obligation to know that their sound abatement foam could deteriorate and that toxic particles could travel into the user's airway

Tuesday, May 24, 2022 - The number of Phillips CPAP cancer lawsuits against Phillips Respironics continues to grow that allege the company failed to warn them that the machine's sound abatement foam degrades. The foam breakdown releases toxic possibly carcinogenic materials into the device's airway to be inhaled directly into the user's lungs. One recent lawsuit filed by a Wisconsin woman claims that using the prescription recommended Phillips DreamStation sleep apnea machine regularly for over a year caused her to develop first asthma and then stage four bile duct cancer. Stage four cancers have a five-year survival rate of less than 5 percent. Approximately 3 million units of several different Phillips sleep apnea machines have been recalled although Phillips has not as of yet followed through with its promise to repair and replace every device sold to customers in the United States, angering the FDA. According to a company press release, under one-third of the machines have been replaced so far.

The Phillips CPAP recall is serious business as not only has terminal cancer been linked to using the machine, but also nearly 100 deaths according to legal sources. The Food and Drug Administration (FDA) issued its most grave warning when recalling the device alleging that using it could cause illness and death. According to NBC15News.com in Wisconsin, "As of July 2021, the U.S. Food and Drug Administration (FDA) cited more than 1,200 complaints and more than 100 injuries. The agency has labeled it a Class 1 recall, "the most serious" category for recalls, saying the use of these devices may cause serious injuries or death." At the core of the recall is the device's polyester-based polyurethane foam which is used to minimize the noise and vibrations the machine makes. Some say that Phillips was negligent in using a type of foam that was cheaper than usual and of sub-standard quality and that was responsible for the malfunction. Others like Phillips Respironics allege that the foam was good quality and that it was customers using unauthorized cleaning solutions that caused the foam to deteriorate. One company, SoClean cleaning solutions is the defendant in a class-action lawsuit that alleges that their Ozone method of cleaning sleep apnea machines interacted with the foam causing it to disintegrate. Phillips is adamant that the SoClean solution was not approved and that they warned their customers not to use it.

The plaintiff joins thousands of others whose sleep apnea cancer cases have been consolidated into multidistrict litigation (MDL). The Wisconsin woman does not expect to live long enough to see any satisfaction from a jury award but hopes that her surviving loved ones will benefit from her efforts. Lawyers representing the plaintiff told NBC15 that they were concerned about the number of cancer deaths that have occurred to people that had used the sleep apnea machine but Phillips spokespersons replied in a letter that studies showed there was no significant overall difference in cancer rates among those who used their sleep apnea devices and those who do not. The plaintiff's lawyer told NBC15, "We have, I think, about 75 people that are dying of cancer or have died of cancer that has used this machine."

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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.