Do I Qualify to File a CPAP Lawsuit?
If you developed health complications after using a Philips CPAP machine, you might qualify to file a lawsuit. Product liability cases fall under the legal principle of “strict liability.” This means if you suffered harm from a defective product, you could sue the manufacturer.
You don’t prove negligence in product liability cases. You only prove that you used the machine as instructed and suffered harm. A lawyer from our firm can evaluate your situation and explain your legal options.
What are the Lawsuits Against Philips?
Philips produces CPAP machines for people living with sleep apnea. These machines regulate one’s breathing while they’re unconscious. A person affixes the CPAP machine to their face using a mask or mouthpiece. There’s only one problem: the foam on these components can deteriorate. If someone inhales or ingests this foam, they can suffer serious conditions.
Plaintiffs allege that Philips released a dangerous product, so it owes them compensation. The U.S. Food & Drug Administration (FDA) reports that Philips issued a recall in 2021. However, this does not shield the corporation from liability.
Ask Yourself These Questions When Deciding Whether to File a CPAP Lawsuit
While considering whether to file a CPAP lawsuit, ask yourself:
- Did my medical team prescribe a Philips CPAP machine for sleep apnea?
- Did pieces of the mask or mouthpiece fall apart?
- Did I suffer cancer, lung irritation, or another CPAP-related condition?
- Did I use the machine as instructed by a healthcare provider?
Even if you answered “no” to any of these questions, you should consider the benefits of partnering with our law firm. We will do everything possible to recover compensation for your losses.
You Can Recover These Damages Through a Product Liability Claim or Lawsuit
In addition to qualifying for a CPAP lawsuit, you may also qualify to recover:
Past and Future Healthcare Expenses
Philips CPAP machines can cause cancer, lung irritation, organ damage, and a host of other complications. Compensation can account for your past, present, and future healthcare expenses, including:
- A replacement CPAP machine
- Doctors’ visits
- Assistive devices, like an oxygen tank
- Medical treatment expenses, such as chemotherapy
We will add up your healthcare bills and consult with your medical team to calculate your losses.
Lost Employee-Related Benefits
Dealing with a serious ailment can cause you to miss time from work. As such, a settlement may include lost:
- Hourly rates
If your condition affects your long-term earning power, we could pursue damages for your loss of future earning ability.
You might need help looking after your children while recovering from your condition. Compensation can account for daycare, babysitters, and other related costs.
“Pain and Suffering” and Inconvenience
“Pain and suffering” and inconvenience is non-economic and accounts for your injury-related trauma. Its value depends on your situation, such as your diagnosis, expected recovery time, and missed job opportunities.
Other Non-Economic Damages
Aside from “pain and suffering” and inconvenience, other recoverable non-economic damages include:
- Disability, which accounts for the hardship of living with a long-term impairment
- Mental anguish, which pays for your mental health complications
- Scarring and disfigurement, if your condition affects your appearance
You can seek other losses than those listed here. Our law firm will use your injury-related billing statements, receipts, and invoices to calculate what a fair settlement looks like.
How Can I Prove That I Qualify for Damages?
To recover compensation for your losses, you’ll need to prove:
- You used a Philips CPAP machine.
- You developed health complications related to the device’s use.
Information to support these two assertions can include:
- Your healthcare records
- The CPAP machine itself
- Imaging scans, such as x-rays
- Statements from your doctor
- Your personal testimony
You don’t have to worry about proving your case’s required elements on your own. That’s where our team comes in. We can investigate your circumstances and pursue compensation for your losses.
You Have a Limited Time to Seek Financial Recovery in Court
Virginia’s statute of limitations applies to all product liability cases. You generally have two years to file your lawsuit, per Code of Virginia § 8.01-243. Your filing deadline begins from when you discovered your condition–not when you purchased the CPAP device.
Our lawyers will manage your case’s statutory deadlines while you focus on your recovery. By filing your case within the two-year deadline, you preserve your right to compensation.
Why Partner with a Law Firm on Your Case?
Pursuing compensation from Philips isn’t easy. After filing your claim, it’ll send teams of lawyers to discredit your allegations. This can ultimately prevent you from getting the compensation you need.
The benefits of partnering with our law firm include:
- We will handle everything your case requires, from gathering evidence to calculating your losses.
- We work on contingency, so you pay nothing up front for our help. We take compensation from the settlement or court award we recover for you.
- Our founding attorney, Mr. Jim Parrish, once represented insurance companies. He knows what goes into filing a successful claim and will do everything possible to resolve your situation.
You trusted your CPAP machine to better your condition. Then, Philips threatened your well-being with its faulty product. We’re ready to advocate for you today.
Our Law Firm Offers Free Case Reviews
If you’re wondering whether you qualify to file a CPAP lawsuit, feel free to give our team a call. We offer free case reviews to injured claimants and their loved ones. During our no-obligation consultation, we can discuss:
- Your condition
- How long you used the CPAP machine for
- How long ago you discovered your condition
- Your case’s potential value
- What you’re looking for in a law firm
- Whether you’ve already filed a claim
- Your expectations for the legal process
Call the Parrish Law Firm, PLLC to Learn More
The Parrish Law Firm, PLLC has recovered millions for injured claimants and their loved ones. We recovered a high confidential settlement from a major drug company in one case we managed. We know what goes into building, managing, and winning product liability cases.
To learn whether you have a case against Philips, dial (571) 229-1800.