CPAP Lawsuit Lawyer
People with sleep apnea may rely on their CPAP, BiPAP, or another mechanical ventilator to treat their condition. However, people using specific devices in the Philips Respironics line could now face serious health conditions due to a defect in these machines.
Our team can investigate the details of your case and tell you about your options for filing a lawsuit. For example, you could be entitled to seek compensation for your medical bills and many other losses resulting from a defective Philips device. Let the CPAP lawsuit lawyer from the Parrish Law Firm, PLLC handle the details so you can focus on recovering.
What is the Philips CPAP Recall and Lawsuit About?
When Philips Respironics recalled specific models from its CPAP, BiPAP, and mechanical ventilator products, the company admitted that these products could harm users. Specifically, Philips noted problems with the polyester-based polyurethane (PE-PUR) foam in the machines, according to the U.S. Food & Drug Administration (FDA). This foam could potentially:
- Degrade over time, releasing foam particle debris into the devices’ airways
- Expose users to dangerous, volatile organic compounds (VOCs) through off-gassing
After the recall in June of 2021, affected users began filing lawsuits against Philips. They claim that Philips was aware of these risks before issuing the recall, and the company’s failure to warn consumers led to various health risks. As a result, many consumers who used affected CPAP, BiPAP, and other ventilators report serious illnesses ranging from cancer to respiratory failure.
Has a CPAP Settlement Been Reached?
Litigation against Philips is still pending, and no settlements have yet been reached. In October of 2021, lawsuits across the country were consolidated into a multi-district litigation (MDL) case against Philips, known as MDL No. 3014.
Here is what you should know about the settlement process in an MDL:
- Initially, bellwether trials will be scheduled. These trials test out the arguments in the case and offer a sense of what types of compensation and settlement amounts could be available to plaintiffs.
- Each affected plaintiff brings an individual lawsuit in an MDL. Therefore, plaintiffs will not equally split one single lump sum settlement. Instead, settlements can be negotiated based on the unique circumstances of each case.
Bellwether trials have not yet begun in the MDL against Philips.
If You Are Facing These Health Conditions, You Could Seek Compensation
The affected Philips Respironics products place users at risk of developing cancer, including lung, nasal, and other cancers.
If you used these products, you could also be facing other serious symptoms and health conditions, including:
- Respiratory failure and other damage
- Asthma and chest pain
- Dizziness and headaches
- Allergic reactions
- Nausea and vomiting
- Irritation to the nose, eyes, skin, and respiratory system
If you suspect a Philips product caused these or other conditions, you could be tempted to stop using the device immediately.
However, be sure to first speak to your doctor before discontinuing use. These devices can be lifesaving for many users. Your doctor can tell you how to adapt your current device, such as by adding a bacterial filter. They could also advise other alternative approaches to treatment.
Damages Available in a Philips CPAP Lawsuit
By joining the current lawsuits against Philips, you could pursue compensation for many of the challenges you and your family faced.
You could pursue damages for:
- Medical costs
- “Pain and suffering” and inconvenience
- Lost wages
- Reduced earning capacity
- Wrongful death damages if you lost a loved one to their illness
How Your Total Medical Costs Are Determined in a Lawsuit
You could be wondering if a lawsuit will be able to cover all or part of your medical expenses. Our CPAP lawsuit attorneys will fight for all the compensation you need to pay for your past, present, and future treatments.
If you are facing a fight against cancer, for example, we will review all of the bills you are already dealing with, from diagnostic testing to doctor’s appointments to medications and more. Then, we will look at your prognosis and your doctor’s recommendations for future treatment, adding up the estimated costs of chemotherapy or other therapies.
We do not think you should have to pay a dollar for a health condition that a Philips product caused. We will gather evidence to show you deserve payment for these expenses.
How We Help You Calculate the Value of Intangible Losses and Other Damages
Our attorneys know that your challenges likely do not end with your healthcare needs. So we will seek compensation for how the injury affected your career, life, and well-being.
Of course, some of these types of losses are harder to quantify. However, we have years of experience in doing just that. So we will ask you to tell us if:
- You had to take reduced hours, quit, or take a different job due to your illness.
- You missed out on the chance for important promotions or bonuses at work.
- You could no longer participate in everyday activities and hobbies you enjoy.
- Your illness affected your relationships, family life, or mental health.
- We can even work with field experts (such as economists or mental health experts) to place a number value on these types of losses.
Our CPAP Attorneys Will Take These Steps for Your Lawsuit
If you hire our attorneys for CPAP lawsuits, we will make it our goal to seek the full amount of compensation available to you. Our team knows how to take on tough cases and big corporations, and we are not afraid to fight for you against Philips.
- Offer you a free case review to help you learn your options
- Build evidence that proves your losses and Philips’ liability
- Handle all communication with third parties involved in the lawsuit
- Negotiate a settlement for you
- Advocate for your best interests throughout the case
- Help you understand the legal process
Building Evidence to Link Your Losses to a Philips Product
Gathering strong evidence to make your case is a crucial task that we will handle for you. To do so, we may:
- Gather your medical records documenting your health history
- Speak with your doctors to learn more about your prognosis
- Speak with expert witnesses who can link your illness to the use of the Philips device
It is essential that we not only gather evidence to show that you had a serious health condition but that it directly resulted from using a recalled Philips device.
This is one of the most complicated tasks for plaintiffs in a Philips lawsuit. However, our attorneys know how to secure the necessary evidence and connect the dots. We know how to make the argument that you were harmed because of a defective product.
Handling the Pushback from Philips’ Legal Team
Philips’ representatives will likely push back on your case for compensation. They may make several claims that seem unfair to you, but do not get discouraged. Again, we have seen this before – and know how to handle it.
The liable party may say that:
- Your health condition predated your use of a Philips device.
- Your health condition developed from another cause (not a Philips device).
- Your symptoms and injuries are not as serious as you claim.
- Your medical bills will not be as extensive as you claim.
- You made your health condition worse by neglecting treatment.
It can be overwhelming to face these challenges on your own. However, you will not have to be responsible for navigating them. Instead, we can take that job on for you, demonstrating why you deserve fair compensation. Then, we will negotiate the best possible settlement for you.
Why Choose the Parrish Law Firm, PLLC for Your Injury Case?
Our founding attorney, Jim Parrish, knows how to handle complicated cases and challenges to your claims. That is because he worked for insurance companies in a previous career. He uses his knowledge of the claims and lawsuit process to benefit injury victims.
When you hire our team, you can expect to get:
- A free, no-obligation case review
- Regular updates on your case and personalized attention
- Legal help based on contingency, meaning we will not get paid if we do not win for you
Other Questions from Injury Victims Filing CPAP Lawsuits
Bringing a lawsuit against a major corporation takes time and energy, and our lawyers know you have questions before you proceed. Consider some of these common questions we receive from injury victims:
Who is Liable for the CPAP Lawsuits?
Philips Respironics, a subsidiary of Philips, is the liable party in the CPAP lawsuits.
What Models in the Philips Respironics Line Are Affected by the Recall?
The following CPAP, BiPAP, and other ventilators in the Philips Respironics product line were recalled:
- REMstar SE Auto
- OmniLab Advanced+
- Garbin Plus, Aeris, LifeVent (ventilator)
- Trilogy 100 (ventilator)
- Trilogy 200 (ventilator)
- SystemOne ASV4
- SystemOne (Q-Series)
- A-Series BiPAP A40 (ventilator)
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto (ventilator)
- A-Series BiPAP A30
- C-Series S/T and AVAPS
- C-Series ASV (ventilator)
- DreamStation ASV
- DreamStation Go
- DreamStation ST, AVAPS
- Dorma 500
- Dorma 400
To be eligible to file a lawsuit in the Philips MDL, we will need to show that one of these devices caused your health condition.
Information from Philips further clarifies which devices were not affected by the recall.
Will I Have to go to Court?
You should always be prepared for the possibility of going to court. However, heading to trial is not necessarily required to recover total compensation for your damages. Your attorney may be able to negotiate with the liable party’s insurance company to obtain a favorable settlement offer in your Philips CPAP case.
If the insurance company is willing to cover all of your medical expenses, loss of income, and other economic and non-economic damages you have endured as a result of a CPAP machine, you could avoid bringing your case to court. However, in many cases, an insurance settlement may not be enough to cover your losses adequately.
The insurance company might attempt to get you to settle for less than you deserve or only cover certain types of damages. However, if your attorney reviews your case’s circumstances and finds that bringing your case to court is the best option to recover your damages in their entirety, you should be prepared to go to trial.
How Long do I Have to File My Claim?
According to the Virginia statute of limitations, you will only have two years to get your claim filed before time runs out. However, CPAP lawsuits, medical malpractice claims, and personal injury lawsuits often result in confusion regarding when the statute of limitations expires.
After all, many people do not realize that they are the victim of a defective medical device until years have passed. Therefore, if you hope to avoid being barred from hearing your case in civil court, it is important to have an attorney working on it from the start.
If you are unsure when the statute of limitations will run out for your case, do not hesitate to contact our firm to learn more about whether we can pursue compensation and justice for your damages.
What About Punitive Damages?
It is common for CPAP victims to wonder whether they could be awarded punitive damages. However, punitive damages are not a type of compensatory loss. This means the courts are not obligated to compensate you for punitive damages.
Punitive damages are awarded at the court’s discretion. They are typically only awarded to injury victims to punish the defendant for gross negligence or intolerable conduct. But, if the judge presiding over your case finds the same for the liable parties in your case, punitive damages may be possible.
Should I Accept an Offer from the Insurance Company?
It is never a good idea to accept an offer from the insurance company without going over it first with your attorney. Insurance adjusters may not understand the value of your claim, could make mistakes in establishing liability, and may otherwise deny you the compensation and benefits you deserve.
With an attorney by your side, you can trust you will not be taken advantage of during your greatest time of need.
What Happens During the Free Case Review?
During your free case review, you can tell us how a Philips device affected you. You can also take this time to ask any questions you have about filing a lawsuit, such as:
- Could I be eligible to file a suit?
- What types of compensation could be available in my case?
- How long could the lawsuit process take?
- What is your experience handling cases like these?
- When you call, we advise that you prepare any documents that could be related to your case, such as your total medical bills.
After you have a chance to tell us more about your situation and concerns, we can tell you if you may have a valid case and explain what next steps we can take.
How Much Does it Сost to Hire a Lawyer?
Hiring a lawyer does not have to be another financial hardship in your life right now. Our CPAP lawsuit lawyer works based on contingency, which means that:
- We ask for no upfront fees or retainers.
- We will only receive payment as a portion of any settlement or award you receive.
- You do not have to pay out of your savings to get started.
Our goal is to make legal help accessible to those who need it.
What is an MDL?
Multi-district litigation (MDL) refers to a type of mass tort. Like class action lawsuits, MDLs are organized when the same defendant harmed many plaintiffs. This promotes a more efficient legal process and helps plaintiffs combine resources to seek compensation from a larger entity.
However, MDLS are unique from class action lawsuits. Unlike in a class action where all cases are handled as a single mass lawsuit, MDLs retain the individuality of each plaintiff’s lawsuit. This means that more unique settlements could be available based on the circumstances of each case.
How Much Could I Receive in a Settlement?
Any attempts to explain what plaintiffs could receive are speculative at this stage. However, as mentioned previously, the bellwether trials in the MDL typically signal the potential settlement amounts available to plaintiffs.
Bellwether trials are essentially test trials featuring key plaintiffs in the MDL. Once bellwether trials conclude, our attorneys can explain what these results might indicate for your settlement potential.
In general, settlements in injury cases are influenced by a few fundamental factors, including the extent of a victim’s injuries, medical bills, and the strength of the evidence. If you need months of cancer treatment, for instance, you may be able to seek a higher amount.
Call Parrish Law Firm, PLLC to Seek Justice from Philips Respironics
If you are facing serious health concerns because of a defective CPAP, BiPAP, or other ventilator product made by Philips, your entire life could be affected. The CPAP lawsuit lawyers at Parrish Law Firm, PLLC, are ready to hold Philips accountable – and seek the compensation you need to recover.
Our team is standing by to take your call and explain what comes next. Call us to get a FREE claim review.