The Mayo Clinic describes a continuous positive airway pressure (CPAP) therapy as one of the most common treatments for sleep apnea. Sleep apnea is a condition whereby a person’s breathing is repeatedly interrupted during their sleep. It is associated with many serious health complications, including persistent fatigue, increased blood pressure, heart disease, and even a greater mortality risk. The Sleep Foundation estimates that 2% to 9% of people have sleep apnea.
Unfortunately, CPAP machines cannot always be relied on. In June of 2021, the U.S. Food and Drug Administration (FDA) announced a product safety recall of the Philips DreamStation CPAP breathing machine. Lawsuits are now being filed against the company. In this article, our Florida product liability attorneys provide a comprehensive guide to the most important things you should know about the Philips CPAP machine recall and the defective medical device claims process.
Table of Contents
- Health Advisory: Philips CPAP Breathing Machine Recall
- Philips May Be Liable for Complications Caused by a Defective CPAP Breathing Machine
- What Type of Compensation Can be Recovered in a CPAP Breathing Machine Claim?
- How Our Defective Medical Device Lawyers Can Help
- Call Our CPAP Breathing Machine Attorneys Today
Health Advisory: Philips CPAP Breathing Machine Recall
If you or your family member has used a Philips CPAP breathing machine to treat sleep apnea, it is imperative you have a full understanding of the health and safety concerns that have been raised regarding this medical device. On June 30th, 2021, the FDA announced an official product safety recall of the Philips DreamStation CPAP machine. The recall was issued because a significant number of users were exposed to a potentially toxic polyester-based polyurethane foam. The toxic foam in question has been linked to very serious medical complications, including:
- A higher risk of developing asthma;
- General breathing problems (wheezing, coughing, etc);
- Dizziness, nausea, vomiting, and other issues;
- Long-term breathing issues, including chronic bronchitis;
- Reactive Airways Dysfunction Syndrome (RADS);
- An increased rate of heart disease and other cardiological problems; and
- Several different forms of cancer, including lung cancer, nasal cancer, colon cancer, breast cancer, liver cancer, prostate cancer, and rectal cancer.
Philips May Be Liable for Complications Caused by a Defective CPAP Breathing Machine
Medical device makers and other corporations have a legal obligation to ensure that the products they put on the market are reasonably safe for public health. People should be warned in advance of any common side effects or possible complications. Serious questions are being raised about what Philips knew and should have known about its DreamStation CPAP breathing machine. You may be able to hold Philips legally responsible for harm caused by your CPAP machine if:
- You used a Philips DreamStation CPAP breathing machine that was recalled;
- You suffered side effects and/or medical complications; and
- The defective CPAP machine was responsible for your injuries or impairments.
What Type of Compensation Can be Recovered in a CPAP Breathing Machine Claim?
Did you or your loved one suffer medical complications after using a Philips DreamStation CPAP machine? If so, it is essential that you take immediate action to protect your health, well-being, and legal rights. You may be entitled to recover financial compensation for the full value of your damages—including for both economic and non-economic harm. Sadly, corporations and insurance companies fight to limit their own liability. At Bernheim Kelley Battista & Bliss, LLC, we are dedicated to helping our clients secure real justice by maximizing their financial support. Along with other types of damages, you or your loved one may be entitled to compensation for:
- Replacement of your CPAP machine;
- Emergency medical treatment;
- Health care bills and related expenses;
- Physical therapy and mental counseling;
- Lost wages and diminished earning ability;
- Pain and suffering;
- Emotional harm;
- Permanent disfigurement;
- Long-term disability; and
- Wrongful death of a family member.
How Our Defective Medical Device Lawyers Can Help
Philips CPAP breaching machine defect claims are notoriously complex. Fortunately, you do not have to go up against corporations or insurance companies by yourself. At Bernheim Kelley Battista & Bliss, LLC, we are devoted to helping people and families secure real justice and real results. Among other things, our product liability attorneys are prepared to:
- Hear your story and answer questions about defective CPAP breathing machine claims;
- Advise you on your legal rights and legal options in state or federal court;
- Investigate the matter, gathering medical documentation and other evidence;
- Handle the paperwork, correspondence, and any settlement discussions; and
- Prepare a comprehensive strategy to get the best results in your defective device claim.
Call Our CPAP Breathing Machine Attorneys Today
At Bernheim Kelley Battista & Bliss, LLC, our Florida defective medical device attorneys are skilled, results-driven advocates for victims and their families. If you or your loved one was harmed by a defective Philips CPAP machine, we can help. Contact us now to set up your free, fully confidential initial consultation with a top defective medical device attorney. With offices in Florida and Massachusetts, we provide local and national representation in Philips CPAP machine injury claims
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