In June 2021, Philips Respironics, a medical device manufacturing company, recalled many of their continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and ventilator devices. These products contained polyester-based polyurethane (PE-PUR) sound abatement foam. This material breaks down into small, carcinogenic particles. As a result, users can face health complications if they inhale or ingest this debris.
If you or a loved one developed an injury or illness after using a CPAP, BiPAP, or ventilator device from Philips Respironics, you might have a case against them. A Fairfax CPAP lawsuit lawyer at the Parrish Law Firm, PLLC, can help you prove your damages and advocate for you throughout the entire claims process. We offer our assistance on a no-win, no-fee basis.
If Philips Respironics Recalled Your CPAP, BiPAP, or Ventilator Device
All recalled Philips Respironics devices in question were manufactured before April 26, 2021. If you were using one of those machines, halt use and consult your doctor to learn about other treatment options.
You may be able to file a lawsuit against Philips Respironics if you used:
- C Series S/T
- C Series ASV
- Dorma 400 CPAP
- Dorma 500 CPAP
- DreamStation CPAP, Auto CPAP, BiPAP
- SystemOne (Q-Series)
- OmniLab Advanced Plus (In-Lab Titration Device)
- Dorma 400 CPAP
- Dorma 500 CPAP
- E30 (Emergency Use Authorization)
- DreamStation ST, AVAPS
- REMStar SE Auto CPAP
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
- DreamStation GO CPAP, APAP
- C Series S/T
- C Series ASV
- SystemOne ASV4
- Garbin Plus, Aeries, LifeVent Ventilator
On October 18, 2021, Philips Respironics announced that it was sending out repair kits for some of the devices. As of late, they have 750,000 replacements or kits available, and 250,000 of them have already been installed.
Alternative Devices You May Be Able to Use to Treat Your Sleep Apnea
The company did not recall all of the ventilator, BiPAP, and CPAP devices, so you can use other alternative Philips Respironics products if you have sleep apnea. Some of them are:
- Respironics M-Series REMStar CPAPs, Auto CPAPs, and BiPAPs
- V60, V60 Plus, or V680 Ventilator
- Omnilab and OmniLab Advanced Titration devices
- Trilogy Evo, Trilogy Evo OBM, Trilogy EV300, Trilogy 202
- DreamStation 2 Auto CPAP Advanced and DreamStation 2 Auto CPAP
- A-Series Pro and EFL
- Other oxygen concentrators, airway cleaning products, and respiratory drug delivery products
Talk to your doctor if you’re unsure about which Philips Respironics product you’re using. They can clarify which make and model they ordered for you.
How the Breakdown of the PE-PUR Foam Can Have Carcinogenic Effects
After Philips Respironics issued its recall, the U.S. Food and Drug Administration (FDA)explained that the health risks stemming from the defective machines include:
- Organ damage
- Nausea and vomiting
- Eye, skin, and respiratory tract irritation
- Cancer, particularly lung cancer
You must consult your doctor if you experience any of these symptoms. Many users have filed complaints and injury reports regarding these side effects. Our lawyer can help you submit one, as well.
Forms of Compensation You Can Receive in Your CPAP Lawsuit
If you qualify to file a CPAP lawsuit against Philips Respironics, you could recover these damages:
- Medical equipment costs to replace your CPAP, BiPAP, or ventilator device
- Hospitalization and surgery expenses
- Chemotherapy and other medication costs
- Diagnostic testing fees
- Loss of income for the time you missed at work
- Future lost earning potential if your injuries or illness caused you to suffer a permanent impairment
- Disfigurement if the surgery or chemotherapy changed your appearance or left scarring
- “Pain and suffering” and inconvenience for the discomfort your injury, illness, and or treatment cause you
- Mental anguish if you suffer from anxiety, depression, other mental health struggles
You Could Recover Damages If Your Loved One Passed from CPAP-Related Illnesses
If your loved one loses their life to cancer or another health complication that stemmed from inhaling the debris from their Philips Respironics device, you could proceed with a wrongful death action. Types of compensation you can collect can include (but are not limited to):
- Final medical expenses
- Burial and funeral service bills
- Foss of financial support
You or your loved one who suffered an injury or illness after using a BiPAP, CPAP, or ventilator machine from Philips Respironics may be entitled to seek compensation. A product liability lawyer with our firm can show the connection between the carcinogenic particles from said device and your health complication.
Fairfax CPAP Lawsuit Lawyer Near Me 571-229-1800
Let a CPAP Lawsuit Lawyer on Our Team Serving Fairfax Take on Your Case
Handling a product liability case, especially against a big company like Philips Respironics. The following can make healing from your injuries or illness and pursuing compensationall the more stressful:
- Trying to interpret legal jargon
- Figure out the claims process
- Navigate the legal system
Instead, allow an injury attorney with our team to advocate for you while you focus on getting your health back in check. They will:
Gather Evidence to Build a Robust Case
Our firm will gather evidence to link your sleep apnea device to your health complications. Forms of documentation we can use include:
- The serial number of your recalled device
- Medical records
- Medical testimony
- Video footage
- Other witness statements
Speak to Other Involved Parties
When you notify Philips Respironics that you intend to sue, they or their insurance representative may try to reach out to you to get a recorded statement. Beware of this call because insurance companies are known for safeguarding their bottom line. As soon as they contact you, refer them to your lawyer. They will handle all communication from that point on.
We will ensure that the insurer won’t twist your words, devalue your case, or act in bath faith altogether. Our founding attorney, Jim Parrish, has represented insurance companies, so he knows how to protect injury clients from insurers’ manipulative ways.
Determine Which Legal Route Best Fits Your Case
If you want to file a lawsuit against Philips Respironics, your lawyer can help you figure out which type of legal action you can take.
You may qualify for:
- An insurance claim or product liability lawsuit:Your claim or lawsuit will be based on your case circumstances and damages. This option may be more expensive, as it could go through several courts, which would result in high legal fees.
- A class action lawsuit: A group of people files one lawsuit against Philips Respironics and evenly splits the final award amongst themselves.
- A mass tort or multidistrict litigation: People who were hurt in the same way file separate cases throughout the country. These cases are later consolidated into one lawsuit and go before a judge.
If you want to go with one of the latter two options, your lawyer can research to see if any class action or mass torts are underway—you may be able to join one of them. Otherwise, you can start your own.
Negotiate a Settlement That Covers Your Past and Future Losses
When you submit your case, you and/or the other plaintiffs in your group will demand a settlement from Philips Respironics’ insurer. However, they might not come back with an amount that will cover the full extent of damages.
Your attorney can negotiate with them until both parties reach a satisfactory amount. If that is not possible, your attorney can litigate your case at trial to continue fighting for the compensation you deserve.
Filing Your Product Liability Lawsuit Within Virginia’s Deadline
Should you file a product liability lawsuit, you must abide by the statute of limitations Virginia enforces. According to Va. Code § 8.01-243, claimants typically have a two-year window to bring their lawsuit against the liable party.
Given enough notice, your lawyer in Fairfax could ensure you meet this deadline. Though, the statute of limitations may expire if you get started too late. In that event, you would bear the responsibility for covering the costs of all damages related to your CPAP lawsuit.
The Parrish Law Firm, PLLC, Will Work on Your CPAP Lawsuit for a Contingency Fee
Reading about our legal services and what it takes to manage a lawsuit could make anyone apprehensive about enlisting legal help due to the pay rate. However, the Parrish Law Firm, PLLC, takes product liability cases for a contingency fee.
In other words:
- Our firm will finance your case.
- We won’t take any retainers, start-up fees, or other out-of-pocket expenses.
- If we win an award for you, we will take our fee from that figure.
- If we don’t win, you owe us no compensation for our help.
Our staff can discuss this payment plan further when you call for your free consultation.
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Connect with the Parrish Law Firm, PLLC, for Help with Your Fairfax CPAP Lawsuit
The Parrish Law Firm, PLLC, has won millions of dollarsfor injury clients over the years, including hundreds of thousands of dollars in a product liability case. Now, we’re ready to get to work on yours. Call our firm today for a free, no-obligation case review at (571) 229-1800.