Am I Eligible for the Philips CPAP Lawsuit?

On June 14, 2021, Philips announced a recall of almost all of its devices made before 2021, including its continuous positive airway pressure (CPAP) device. Now, there is a class-action lawsuit against the company. Continue reading to learn whether you are eligible for the Philips CPAP lawsuit and how an experienced Tampa product liability lawyer at Merricks Law Group, P.A. can help you determine this.

Why was the Philips CPAP recalled?

The Philips CPAP devices manufactured before 2021 used something that is called polyester-based polyurethane (PE-PUR) sound abatement foam. This PE-PUR was intended to reduce the sound and vibration that these CPAP devices emit, as they are generally used by individuals while they are sleeping. However, it was later discovered that this PE-PUR runs the risk of breaking down into black debris and entering the device’s air pathway. In turn, it was found that users were inhaling and swallowing this black debris and ultimately experiencing serious adverse events. Initial adverse events reported include the following:

• Irritation to the skin, eyes, or respiratory tract.
• Chronic inflammation.
• Chronic headaches.
• Chronic asthma.
• Chronic hypersensitivity.
• Chronic nausea and vomiting.

Am I eligible to file in the class-action lawsuit?

Since this product recall, the FDA has reported that 98,000 health events have occurred, along with 350 deaths. So, if you were one of the 98,000 individuals who incurred injuries and damages, or if your loved one was one of the 350 who died, it is understandable that you wish to seek financial compensation. With that, you may be eligible to file in the class-action lawsuit if you meet the following criteria:

1. You had a prescription for the Philips CPAP device.
2. You purchased a Philips CPAP device that was manufactured before 2021 and that used the PE-PUR sound abatement foam.
3. You used this Philips CPAP device for more than six months.
4. You have been diagnosed with a respiratory condition (i.e., pulmonary fibrosis), lung damage, or a type of cancer that is connected to your use of this Philips CPAP device.
5. You have incurred significant damages that are connected to your diagnosis.

Importantly, your physical health comes before all else. So you should first discontinue the use of this device and talk to your physician about the most appropriate options for your continued treatment. It may be helpful to collect this medical documentation, along with other documents, for your case. And once your alternative treatment plan is set up, then you should focus on pursuing legal action. Rest assured, a skilled Hillsborough County personal injury lawyer is ready and willing to pick up your case. We will do everything in our power to fight for the monetary compensation that you require to heal. So call Merricks Law Group, P.A. today. We look forward to collaborating with you.