The U.S. Food & Drug Administration (FDA) has recalled 13 CPAP and BiPAP machines, including the DreamStation ASV and Dorma 500. The organization notes that the foam around the masks and mouthpieces can break off and enter one’s airway.
Over time, this can cause lung irritation, organ damage, headaches, and sinus infections. The FDA notes that people with sleep apnea should talk to their doctors if they have a recalled CPAP system.
These CPAP and BiPAP Machines Are Being Recalled
The FDA has recalled these CPAP and BiPAP machines:
- SystemOne (Q-Series)
- Dorma 400
- Dorma 500
- DreamStation Go
- REMstar SE Auto
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced+
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
The FDA has also recalled these ventilators:
- A-Series BiPAP A40
- A-Series BiPAP A30
- A-Series BiPAP Hybrid A30 (not marketed in the U.S.)
- A-Series BiPAP V30 Auto
- Trilogy 100
- Trilogy 200
- Garbin Plus, Aeris, and LifeVent
What Does It Mean When Something’s Recalled?
Manufacturers may recall an item threatens the public’s health and safety. Per the FDA, there are three types of recalls:
- Class I: A product may cause serious injuries or death.
- Class II: A product might cause injuries or temporary illness.
- Class III: A product is unlikely to cause injuries or fatalities, but it violates the FDA’s rules.
The Philips CPAP recall was a Class I recall, meaning some CPAP machines can cause serious injuries or death.
Philips Voluntarily Recalled Its CPAP and BiPAP Machines
In addition to there being “classes” of recalls, there are also “voluntary recalls” and “mandatory recalls.” Philips issued a voluntary recall to protect itself against potential lawsuits. It was not ordered to issue a mandatory recall by the FDA.
However, by voluntarily issuing a recall, Philips acknowledges that it created and distributed defective products. This information alone can help you pursue compensation.
Why did Philips Recall Some of Its CPAP Machines?
CPAP machines (also called “continuous positive airway pressure” machines) help people with sleep apnea get a full night’s rest. The machine requires the user to strap on a mouthpiece or mask to regulate their breathing.
These masks and mouthpieces use an insulating foam to limit the machine’s noise and vibration while the user sleeps. However, this insulating foam can deteriorate and enter the user’s airway, leading to a host of complications.
While Philips addresses the issue, it asks that CPAP machine users talk to their healthcare teams about alternative forms of treatment.
Defective CPAP Machines Can Cause These Conditions
When the insulating foam around the CPAP machine’s mask or mouthpiece enters your body, it can cause:
- Organ damage, especially to the kidneys and liver
- Lung irritation, which can cause coughing and difficulty breathing
- Sores from wearing the mask
- Chest pressure
- Sinus infections
The FDA has noted that no one has passed away from using a CPAP machine yet. However, being a Class I recall, there is always this possibility.
You Have Legal Options If Philips’ CPAP Machines Hurt You
If you or a loved one developed health complications after using a Philips CPAP machine, you could file a claim or lawsuit to recover compensation. Right now, many lawsuits are unfolding against the billion-dollar company. Plaintiffs allege that because Philips manufactured a defective product, it should pay for users’ damages.
When you partner with a lawyer, they can manage everything your case entails, from gathering evidence to negotiating a settlement.
You Can File an Insurance Claim
Philips has insurance for situations just like this. So, instead of immediately filing a lawsuit, you can send Philips a demand letter. This document will entail the nature of your injuries, your device’s use, and the amount of money you’re requesting.
Our firm resolves many product liability claims in this manner. If Philips agrees to your terms and offers compensation, you could secure financial recovery. If not, we could enter into negotiations or file a lawsuit.
You Can File a Lawsuit
Our lawyers will advance your lawsuit by:
- Filing your case’s paperwork and documents
- Gathering evidence, including your medical records and the CPAP machine itself
- Communicating with the involved parties
- Explaining your legal rights
- Updating you on your case’s progression
- Consulting with experts to testify on your behalf
We will also file your lawsuit within the state’s statute of limitations.
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Why Partner with a Lawyer on my CPAP Case?
Philips is a massive company with teams of lawyers ready to defend its interests. Philips may deny, undervalue, or contest your losses upon filing your claim. By partnering with a lawyer:
- You entrust your case to a legal professional.
- You can focus on your health while they build your case.
- You don’t have to go head-to-head with multi-million-dollar companies and their lawyers.
- We will gather evidence to support your case and damages’ value.
Furthermore, your lawyer can calculate your losses based on your situation, including pain and suffering. By understanding what constitutes a fair settlement, you can fight for the funds you deserve.
You Don’t Have Long to File Your Product Liability Lawsuit
Most states limit how long you have to file a lawsuit after discovering your condition. You generally have two years to file your civil lawsuit. Depending on your situation, some factors may give you more or less time to act.
Yet, filing within the state’s deadline is crucial. If you don’t file your lawsuit within the appropriate time frame, you risk losing the right to recover compensation. This is where our law firm can help. We can manage all of your case’s deadlines while you focus on getting better.
We Can Pursue Compensation for These Losses
Compensable losses in your case may include:
- Healthcare expenses
- Lost wages, tips, and bonuses
- Pain and suffering
- Scarring and disfigurement
- Childcare costs
- Mental anguish
- Funeral costs
- Loss of consortium
We may pursue other losses than those listed here.
Begin Your Free Case Review with the Parrish Law Firm, PLLC
If you or a loved one suffered harm because of a Philips CPAP device, our lawyers could recover compensation for your injury-related expenses.
Connect with our team now by dialing (571) 229-1800. We offer free case reviews and can explain which CPAP machines are being recalled. You might not even need to go to court; our staff could handle your entire case for you.