Update on CPAP Litigation

Many people use continuous positive air pressure (CPAP) machines because they have sleep apnea, a common condition. Symptoms of sleep apnea that CPAP machines are meant to address include excessive daytime sleepiness, heavy snoring, memory difficulties and fatigue. When sleep apnea isn’t treated, the result can be depression, diabetes, heart disease, or high blood pressure. However, in 2021, Philips Respironics, which makes CPAP and BiPAP machines, along with ventilators, issued a voluntary recall because the polyester-based polyurethane (PE-PUR) sound abatement foam used in some of its machines carry health risks. CPAP lawsuits are likely to arise over the course of the coming year, 2022. If you were harmed by a CPAP machine, or believe you may have been, you should call the seasoned Chicago-based lawyers of Moll Law Group. Billions have been recovered in cases with which we’ve been involved.

The devices affected by the recall were made between 2009 and 2021. The warning from CPAP machine manufacturer Philips Respironics indicates that the PE-PUR foam used in its machines can degrade and enter the air pathway of the device. A consumer could develop serious, even fatal injuries, from inhaling black debris and chemicals from this foam. Consumers have been encouraged to get their devices repaired or replaced. As of October 2021, the manufacturer had made around 750,000 repair kits and replacement devices. It expects that the process of replacing all the affected devices could take around 12 months. But what if you have already been harmed by your CPAP machine?

Give Us a Call If You Believe You Might Have a CPAP Claim

If you were injured by your CPAP, you may have viable grounds to bring a product liability lawsuit against Philips Respironics and you should give us a call to talk about your situation. Product liability lawsuits can be filed against manufacturers in connection with manufacturing, marketing, or design defects in their products when those defects harm consumers. Those with successful lawsuits may be able to recover compensation for their losses including medical bills, lost wages, loss of enjoyment of life, and pain and suffering.

If a manufacturer knew about the risks of a product and purposely didn’t provide any warnings, there may be a basis for punitive damages, which are awarded to punish and deter this type of misconduct. There is some evidence to show that Philips knew its consumers were being harmed by its recalled CPAP machines. These include consumer complaints about black particles in their machines. Before the recall, the manufacturer told its investors about issues with certain machines, including the health risks presented by exposure to degraded polyurethane foam in the machine.

More than 153 lawsuits have been filed against the manufacturer and in October 2021, more than 100 were consolidated into multidistrict litigation. This procedure is used to streamline pretrial discovery. Unlike with a class action, each case in multidistrict litigation is still tried on its own. Certain cases will be selected as bellwether cases; they help both sides determine the settlement value of the case.

Call Our Attorneys About Your CPAP Lawsuit

If you believe you were injured because you used a CPAP machine, you should talk to the experienced Chicago product liability lawyers of Moll Law Group about whether you have a viable claim against the manufacturer. We represent plaintiffs across the country. Please complete our online form or give us a call at 312.462.1700.