CPAP Lawsuits

What is a CPAP Machine Used for?

A CPAP machine is typically used for assisting someone with sleep apnea to breathe properly throughout the night. During sleep, those with sleep apnea may experience a period of time where their airways close, which can be dangerous. Other than a restricted airway, sleep apnea can cause heart issues and other health problems.

A CPAP machine will pump oxygen into a person’s airways, keeping them open and enabling them to breathe throughout the night. The issue with CPAP machines is that they can be loud, hindering an individual’s ability to sleep, or irritating their partner. To combat this issue, CPAP manufacturers add foam and other sound dampening materials to the machine in an effort to quiet its operation.

Why File A Lawsuit Against Philips CPAPs?

Phillips CPAP machines use a special foam to dampen the sound of their machines. This foam is called PE-PUR. The PE-PUR sound abatement foam in recalled Philips CPAP, BiPAP, and ventilator devices may cause cancer and major respiratory issues, which is why people are filing Philips CPAP lawsuits.

Individual injury claims allege Philips created defective products but failed to notify the public of the potential of significant injuries and demand compensation for damage. Philips is being sued in a few class actions for the price of replacing CPAP machines.

The company’s own internal testing revealed that the degradation products of PE-PUR foam are hazardous and possibly carcinogenic, according to the FDA probe. The bi-products of the breakdown over time may cause cancer. Despite this fact, the corporation decided to keep using the PE-PUR foam despite the risks involved.

Millions of CPAP, BiPAP, and ventilator equipment were affected by the Philips CPAP recall in June 2021. According to the manufacturer, deteriorated PE-PUR foam may generate harmful fumes and black particles that consumers may swallow or inhale. The breakdown of the sound dampening foam of these machines results in harmful chemicals and carcinogens entering the bodies of its users.

On September 1, 2021, the manufacturer of CPAP equipment declared that it would replace or repair recalled products, but the procedure might take a year to finish. However, an FDA CPAP recall update published on November 12, 2021, discovered that the new foam being used in replacement machines might also be unsafe. Additionally, according to the agency’s inspection report, Philips was aware that the PE-PUR foam used in its breathing devices could deteriorate as early as 2015.

CPAP machines have to be cleaned regularly, due to their use with respiration, and germs developing and building up over time. According to Philips, employing ozone cleaning devices like those made by SoClean, Inc. can cause some foam degradation. Cleaning tools made by SoClean could be used to clean CPAP machines. Philips was sued by the business for placing the blame on it. SoClean submitted an amended lawsuit in December 2021 and cited the FDA report in doing so. The complaint asserts that Philips knew for years that the foam could pose a “severe risk of injury,” but chose to smear SoClean rather than alert the public.

Unsealed court documents from June 2022 showed that Philips had been aware of the issue for at least three years prior to the recall. Apparently, an engineer claimed he received complaints about “disintegrating polyurethane” that got into the machine’s airways.

Philips published an update on its PE-PUR foam tests during the same month. The number of chemical vapors emitted by the foam, according to the business, was not anticipated to be a concern. It continued to blame ozone cleaners, claiming that there was a 14-fold increased risk of foam degradation in machines exposed to ozone cleaners. The FDA hasn’t yet confirmed Philips’ results or issued any new recommendations.

Damages Mentioned in CPAP Lawsuits

Numerous health issues can be brought on by degraded sound-absorbing foam, and lawsuits assert that Philips’ CPAP causes cancer and organ damage.

Although headaches, chest pain, coughing, and sinus infections were reported to Philips, other possible health hazards included “severe harm which might be life-threatening or cause lasting impairment.”

Attorneys are taking on prospective clients who had the following harm after utilizing a recalled Philips product:

• System for Acute Respiratory Distress (ARDS)
• Multiple Myeloma
• Breast Cancer
• Non-Hodgkin Lymphoma
• Papilloma cancer
• Pulmonary Effusion
• Breast Cancer
• chest pain
• heart disease
• cancer of the blood cells
• Renal/Kidney Disease
• renal cancer
• Renal/Kidney Damage
• uterine cancer
• brain tumor
• Breast Cancer
• chemical toxicity
• Leukemia
• liver cancer
• liver injury
• liver conditions
• Chest cancer
• Lung Injury
• Lung Illness
• lymphatic carcinoma
• Airway Reactive Disease (RAD)
• Breast Cancer
• Respiratory Illness
• Significant Ear Inflammation
• An extremely inflamed nose
• Severe throat infection
• belly cancer
• ovarian cancer
• Breast Cancer

The FDA has so far received 21,000 reports regarding medical devices, 124 of which have been connected to the PE-PUR foam in Philips CPAP machines that have degraded.

The reports cover injuries like cancer, pneumonia, nausea, headaches, asthma, dizziness, chest pain, and infections.

Symptoms of Foam Particle and Chemical Exposure from Philips CPAP

According to research conducted by Philips, degraded foam from the Philips CPAP recall devices may produce a variety of hazardous substances, such as 2,6-bis (1,1-dimethylethyl)-4-(1-methylpropyl)-phenol, toluene diamine, toluene diisocyanate, diethylene glycol, and dimethyl diazine.

There are several negative effects that these drugs may have.

The business got reports of probable foam and gas inhalation and ingestion negative effects. These consist of:

• Airway inflammation
• Asthma
• cancer-causing effects
• chest tightness
• Cough
• Dizziness
• Headache
• Hypersensitivity
• Inflammation
• You may be entitled to compensation

If you or someone you know uses a Phillips CPAP or ventilator and they have any of the symptoms listed, they may be entitled to compensation. It is shown that Phillips knew of the issue with their foam and chose to do nothing. They are responsible for damages caused by their machines. It is important to speak to a CPAP lawsuit attorney. We can help you compile a case so you can receive the compensation you deserve.

Do you have questions about CPAP lawsuits? Our helpful team is available to answer your questions. Complete our online form and one of our attorneys will reach out to you.