Phillips Delayed The CPAP Recall Until Another Device Could Be Sold To Consumers

Phillips was aware of complaints and delayed recalling their defective devices until one without the sound abatement foam could be marketed

Tuesday, January 4, 2022 - On June 14, 2021, Philips issued the recall of around 4 million CPAP devices in response to receiving reports that the PE-PUR, polyester-based polyurethane foam used to muffle the noise the machine makes was degrading and spewing black debris, toxic chemicals, and gasses into the machine's air passageway and directly into the user's face mask forcing the user to breathe them throughout the night. Phillips CPAP cancer lawsuits allege plaintiffs developed several types of lung disorders like asthma, lung infection, and lung, throat, and mouth cancer. Phillips CPAP users reported experiencing headache and dizziness, eye, skin, and respiratory irritation, nausea, and vomiting. Several lawsuits blame the machine for causing their lung cancer. Legal experts think that thousands of individual CPAP users may come forward to file Phillips CPAP lawsuits in 2022 and 2023 after contacting a Phillips recall lawyer. Phillips CPAP lawsuits are organized under U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania, in multidistrict litigation (MDL). The MDL process prevents repetition of certain administrative and discovery court proceedings and more importantly, allows the judge to interview expert witnesses from both sides to decide which ones are most credible and can testify. Cases will be selected by both sides to serve as bellwether trials that will gauge the jury's reaction to the evidence. The MDL judge will also try and facilitate a settlement to avoid trials if both sides can agree.

While the Philips CPAP recall may have stopped users from being further affected by the carcinogens the machine was producing, it may have come too late for many. According to MedTechDive.com, Phillips knew about the problems with the sound abatement foam and continued to sell CPAP devices that contained it until they could develop and position a replacement device on the market. "In the case filed last week, the plaintiffs accused Philips of unreasonably delaying the recall of the devices. Philips disclosed problems with its sound abatement foam in late April and began the recall seven weeks later. However, the plaintiffs argue it is unlikely that defendants only recently learned of these issues given they affect all Philips Respironics devices manufactured since 2009. It was only after the early April 2021 release of the Philips Respironics DreamStation 2, a breathing device that does not contain the dangerous PE-PUR Foam, that Philips publicly admitted the problems with the Recalled Devices in a regulatory filing," the lawsuit states.

The Phillips CPAP recall may do more harm than the machine's defects. Millions of people that suffer from sleep apnea, a serious and potentially life-threatening medical condition, have been forced to discontinue using their devices because of the company's product recall. Former CPAP users in occupations like truck driving may have relied on the device for getting an adequate night's sleep. One Oregon-based trucker has filed a class-action lawsuit alleging that the recall has caused him to be unable to work. The class action seeks "seeking a refund, replacement with a non-defective device, costs for ongoing medical monitoring, and all other appropriate damages for all the injuries he has suffered as a result of his defective device," according to OverDriveOnline.com

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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.