Washington, D.C. CPAP Lawyer
For years, sleep apnea patients have used Philips Respironics products. They include continuous positive airway pressure (CPAP), mechanical ventilator, and bi-level positive airway pressure (BiPAP) devices. Users have complained after developing complications due to the degradation of polyester-based polyurethane (PE-PUR) sound abatement foam in these products. The breakdown of this material had been found to have carcinogenic effects if ingested or inhaled.
As a result, Philips Respironics issued a recall on some of these devices in June 2021. If you or a loved one developed health complications after using one of these sleep apnea aids, you may be able to pursue compensation from Philips Respironics. A Washington, D.C. CPAP lawyer with the Parrish Law Firm, PLLC can help you file your case and advocate for you throughout the legal process.
Which Philips Respironics Devices Are Recalled
Philips Respironics recalled several of its products used to treat sleep apnea. The breakdown of the PE-PUR foam that these machines contain can cause cancer, among other related injuries and illnesses. If you were using any of the following products, stop using it, and consult your physician to find out more about alternative treatment methods:
- Garbin Plus, Aeries, LifeVent Ventilator
- Dorma 400 CPAP
- Dorma 500 CPAP
- DreamStation ASV
- DreamStation GO CPAP, APAP
- DreamStation CPAP, Auto CPAP, BiPAP
- DreamStation ST, AVAPS
- OmniLab Advanced Plus (In-Lab Titration Device)
- C Series S/T
- C Series ASV
- SystemOne ASV4
- SystemOne (Q-Series)
- REMStar SE Auto CPAP
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
In October 2021, the U.S. Food and Drug Administration (FDA) announced that Philips Respironics was distributing repair kits for some of its faulty devices. So far, 750,000 are available, with 250,000 having been installed.
You May Be Able to Use an Alternate Philips Respironics Machine
Not all the CPAP, BiPAP, and ventilator machines were recalled, so you may be able to use another one of Philips Respironics’ products, depending on your condition. The devices that are still available include:
- A-Series Pro and EFL
- DreamStation 2 Auto CPAP Advanced
- DreamStation 2 Auto CPAP
- OmniLab Advanced Titration devices
- Respironics M-Series REMStar CPAPs, Auto CPAPs, and BiPAPs
- Trilogy Evo, Trilogy Evo OBM, Trilogy EV300, Trilogy 202
- V60, V60 Plus, or V680 Ventilator
Some of Philips Respironics’ airway cleaning devices, oxygen concentrators, and respiratory drug delivery products may also be good options for you.
The FDA also recommends that to help combat sleep apnea, you can start practicing these healthy habits:
- Lose weight
- Limit alcohol consumption
- Stop smoking
- Consider surgery, especially if you have a more severe sleep apnea
Health Conditions That Stem from the Ingestion of PE-PUR Foam Particles
The FDA has documented the following health complications after sleep apnea patients used CPAP, BiPAP, and ventilator machines:
- Irritation to the eyes, respiratory tract, and/or skin
- Nausea and vomiting
- Organ damage
If you have suffered from any of these illnesses or injuries, talk to your doctor. They will set up a treatment plan for you to help you get on the road to recovery. Make sure you follow this plan exactly as they ordered – not only for your health but also for the validity of your legal claim.
Figuring Out Which Legal Route Is Best for You to Take When Filing Your CPAP Case
You may have different legal options if you want to hold Philips Respironics liable for your damages. Ways you can act include:
- A class action lawsuit: A group of plaintiffs files one lawsuit against the defendant. If the case settles, they evenly divide the total award between everyone.
- A mass tort lawsuit or multidistrict litigation (MDL): People from all over the country experience similar injuries from the same product(s) that was manufactured by one defendant. Each plaintiff files their own lawsuit, but they are later consolidated into one case that goes before one judge.
- A product liability insurance claim or lawsuit: This is an individual case that is only based on your illness, damages, and other ways the defective Philips Respironics machine has affected you.
Because the manufacturer recalled the defective products so recently, none of the cases have gone to a jury trial yet. A lawyer with our firm can research some of the class action lawsuits or MDLs underway and determine if you qualify for one of them.
Another option is to start your own class action or MDL or pursue Philips Respironics on your own. Keep in mind that the latter option is more expensive, as your settlement may be reduced due to the high court fees and other legal expenses.
How a CPAP Lawyer with Our Firm Serving Washington, D.C. Can Help You
Juggling a legal case against a big company like Philips Respironics while receiving medical treatment can seem insurmountable. Luckily, an attorney with the Parrish Law Firm, PLLC can handle your claim or lawsuit from start to finish while you rest and spend time with your loved ones.
- Review your medical records
- Look for injury uniformities among cases similar to yours
- Help determine which legal route best fits your situation
- Put together an evidence file
- Interview medical experts
- Show the connection between your defective CPAP machine and your illness
- Manage communication between you, other plaintiffs, insurance companies, legal teams, and the courts
- Represent you throughout settlement negotiations
- Argue your case in a jury trial
Your lawyer will explain how the claims process typically pans out and keep you up to date on any news or changes throughout your case. Because product liability law can be so complicated, we understand if you have further questions or concerns. Please reach out to your attorney if you need more clarity or peace of mind. We want you to feel comfortable and always know what’s going on.
Hiring the Parrish Law Firm, PLLC to Manage Your Case Comes at no Upfront Fee
Between paying off medical expenses and taking a leave of absence at work, you may think that hiring a lawyer will be another high bill to pay. However, at the Parrish Law Firm, PLLC, we serve all injury clients on a contingency-fee basis.
Here is what we do under this fee structure:
- When you first reach out to us, one of our staff members will offer you a free case review at no obligation.
- Our law firm will finance your claim or lawsuit.
- Your lawyer will not require any hourly fees, start-up costs, or retainers to start working on your case.
- Your lawyer will take their fee from your final financial award.
If a settlement or court award isn’t possible, we charge you nothing. That way, you have nothing to lose when you select the legal services at the Parrish Law Firm, PLLC.
The Forms of Compensation You Can Claim in Your CPAP Lawsuit
You may be entitled to various forms of compensation when you file your CPAP lawsuit against Philips Respironics, such as:
- “Pain and suffering” and inconvenience
- Past and anticipated medical expenses for medication, surgery, lab tests and bloodwork, and follow-up appointments
- Lost income
- Diminished earning power
- Disfigurement and scarring
- Mental anguish
Some people may lose their lives to the illnesses triggered by the PE-PUR foam debris. If that was the case for your family member, you could file a wrongful death action against Philips Respironics. Recoverable damages may include burial and funeral costs and end-of-life medical bills, as well as loss of parental guidance, financial support, or household services.
How Long You Can Sue for CPAP-Related Damages in Washington, D.C.
It’s important to not delay your CPAP lawsuit. You may be ineligible to hold Philips Respironics accountable for your damages if you wait until the deadline expires. If you let our team know about your case sooner rather than later, we can help you meet the timelines that Washington, D.C. enforces.
- Product liability: Usually three years, per Code of the District of Columbia § 12-301
- Wrongful death: Usually two years, per Code of the District of Columbia § 16-2702
There may be exceptions to these time frames, so talk to your lawyer to see how much time you have left.
Get Help with Your Washington, D.C. CPAP Case from the Parrish Law Firm, PLLC Now
Philips Respironics should have known about the potential risks its CPAP, BiPAP, and ventilators devices could have inflicted upon its consumers. Because you are suffering the consequences of its negligence, you have the right to hold the company liable for all your related losses.
Our founding attorney, Jim Parrish, can help you pursue a case against this manufacturer while you focus on getting the medical care you need. He has won the AVVO Client’s Choice Award, as well as the Client Satisfaction Award from the American Institute of Personal Injury Attorneys (AIOPIA), so you know you’ll be in good hands. Call the Parrish Law Firm, PLLC for a free consultation today at (571) 229-1800.