Recall, Settlements and Legal Help- Biggest Questions About the Philips CPAP Recall, Answered.
A voluntary recall for certain Philips Bi-Level Positive Airway Pressure (Bi-Level PAP), Continuous Positive Airway Pressure (CPAP), and mechanical ventilator devices was made public by Philips on June 14, 2021.
Philips recalled the CPAP machine citing the potential health hazards associated with the polyester-based polyurethane (PE-PUR) sound abatement foam used in the company’s products. Users may breathe in, ingest, or be exposed to harmful, possibly cancer-causing compounds due to this component’s breakdown or outgassing. Devices from the first-generation DreamStation product line are among those being recalled.
Statistics and Data Information-
According to the American Association of Retired Persons (AARP), the recall has affected between 3 and 4 million devices globally, and the Food and Drug Administration (FDA) stated in a notice from July 2021 that it had received more than 1,200 complaints and over 100 injuries in connection with the problem. In other words, many people have experienced problems with their CPAP machines. Various law firms and CPAP recall lawyers represent individuals who utilized Philips CPAP machines and have been medically treated for lung injuries or cancer.
What Professionals Have to Say About the Philips Recall
Dental sleep specialist Dr. Jeff Rodgers thinks the recall harms general health and puts users at higher risk for conditions related to obstructive sleep apnea, such as high blood pressure, strokes, or heart attacks.
Unfortunately, it put millions of people at risk and still does. People were at an exponentially greater risk of going without their apnea therapy for an extended period of time when the recall and supply chain problems coincided with the epidemic.
What is Philips doing to address the CPAP recall?
Philips has started a gadget repair and replacement program. “It generated a total of nearly 750,000 repair kits and replacement devices, of which more than 250,000 have reached consumers,” Philips Respironics stated in an October 2021 report.
According to a press release from Philips from September 2021, most markets were anticipated to have programs in place by the end of September, and repairs and replacements would be finished in about a year.
Why this Recall; Possible Philips CPAP Machine Side Effects and Injuries
The CPAP and Bi-Level PAP machines have been recalled due to foam deterioration, according to Philips, which could pose the following health hazards.
Possible carcinogenic effects (cancer)
Particulate Exposure Health Risks
Adverse impacts on the kidneys, liver, and other organs
Inflammation/irritation of the respiratory system, skin, and eyes
What Damages May Be Recovered in a Lawsuit Against Philips
A CPAP recall lawyer would pursue the following damages on your behalf if you used any of the Philips CPAP machines and experienced lung damage or cancer –
- Past and future pain and suffering that results from your injuries, both from a physical and mental viewpoint
- Loss of wages, if any.
- Other financial losses brought on by your injuries.
- Punitive damages, as necessary.
How do the CPAP Cases Relate to Liability Law?
According to the majority of state legislation, a victim of faulty medical equipment may file a case based on one of the following legal theories:
- Design Defect: When medical equipment is constructed following design specifications, yet the design itself makes the device unsafe or inefficient;
- Production Defect: When medical equipment is supposed to be safe but develops a flaw during the manufacturing process, making it risky or unreliable.
- Failure to Warn: When the maker of a medical device neglects to inform the public of the dangers or to give proper instructions about the use of the medical equipment, making it risky or unsafe.
Has My Philips CPAP Been Recalled?
Users of Philips CPAPs can check their page with contact information for device registration and recalls. Users can verify their gadgets on this page, which includes a list of all the recalled products and images.
Additionally, users and caregivers can dial 877-907-7508.
What Should I Do If My CPAP Is Recalled?
According to Philips, they offer a thorough repair and replacement program for recalled CPAP devices. Philips declared on September 1, 2021, that it has gotten FDA approval to start fixing the problematic foam in the impacted devices or changing them out for new DreamStation 2 models in the United States.
On the Philips website, users and caregivers can sign up for this program. In a press release on September 1, 2021, Philips stated that the repair and replacement process should take around a year.
The FDA announced in May 2022 that it was thinking about ordering Philips to “present a plan for the repair, replacement, or refund of the purchase price of recalled devices made after November 2015.”