CPAP Lawsuit Lawyers

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CPAP Lawsuit Lawyers

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Product Liability


Medical Malpractice


Product Liability

If you have contracted an illness or disease after using a CPAP machine, you may deserve financial compensation. Our CPAP lawsuit lawyers are experienced personal injury attorneys. We can help you evaluate your case and claim the financial compensation that you deserve.

CPAP Lawsuits

What is the CPAP lawsuit?

The CPAP lawsuit is a claim for compensation brought by individuals who have contracted illnesses and disease after using a CPAP breathing device. The basis for the lawsuit is that the devices contain harmful foam. Particles from the foam, when inhaled, may cause severe respiratory illness, cancer and other disease. Victims who have contracted these medical issues are demanding financial compensation.

Is there a CPAP lawsuit in 2021?

Yes, there is a CPAP lawsuit in 2021. Victims who have been exposed to toxins released by the system may suffer from a range of medical problems. The lawsuit is based on the polyester-based polyurethane (PE-PUR) particles that disintegrate. The victim may breathe and digest the particles, causing severe damage. Victims may sue to claim financial compensation.

*The time deadline to file a claim varies by your location. Each state chooses its own statute of limitations for defective product claims. Our lawyers can determine what time deadline applies and begin working on your case right away.

Can I sue Philips Respironics?

You may sue Philips Respironics if you suffer actual harm from use of their products. The toxic chemicals may cause a host of medical issues. Victims must identify actual harm of an illness or injury. Damages include medical bills for diagnosis and treatment as well as non-economic damages for suffering.

What compensation can I receive if I bring a CPAP legal claim?

Compensation available in a CPAP legal claim includes:

  • Medical bills
  • Costs to diagnose medical problems including cancer, respiratory issues, lung problems and more
  • Nursing care
  • Medical expenses to pursue alternative treatment methods for underlying medical conditions
  • Decreased life expectancy
  • Pain and suffering
  • Lost income and wages
  • Help with household contributions including housework and childcare
  • Property damage

Your individual circumstances determine what damages are appropriate. Inhalation of foam particles can cause serious illness and injury. In turn, you may deserve significant compensation for the financial losses, decreased life expectancy and pain and suffering that you must endure.

What is the basis of the CPAP lawsuit?

The basis of the CPAP lawsuit is that the manufacturers made and sold a defective product. They created and sold their machines for public consumption without fully studying or understanding the dangers associated with the sound-canceling foam installed on the products. The defective machines pose an unreasonable risk to consumers that makes the manufacturer legally liable for damages.

Is there a CPAP class action lawsuit?

There is a CPAP class action lawsuit in the U.S. District Court for Massachusetts. The case is Shelton v. Koninklijke Philips N.V., et al., Case No. 1:21-cv-11076. The class action lawsuit is to pay customers for the reimbursement of moneys paid for recalled CPAP devices.

*If you have contracted an injury or illness, you may file an individual claim for an expanded range of damages.

What is multidistrict litigation in the CPAP lawsuit?

Multidistrict litigation is a special legal procedure that may be used to consolidate the CPAP lawsuits throughout the United States. The U.S. Judicial Panel on Multidistrict Litigation may choose to consolidate some cases for pre-trial proceedings. The purpose of consolidation is to increase efficiency and speed up the legal process.

Individuals injured by CPAP devices may still begin and pursue compensation claims. Our lawyers for CPAP lawsuits understand issues in complex cases including multidistrict litigation that may impact the case. We can take the necessary steps to protect your rights and pursue your interests.

CPAP Design Defects and Product Recalls

What is the Philips CPAP recall?

On June 14, 2021, Philips voluntarily recalled four million CPAP machines. The purpose of the recall is to prevent people from using the machines that may cause inhalation of harmful particles. Philips plans to repair and replace affected devices. The Food and Drug Administration is monitoring the replacement of affected devices and recall progress. The recall process is expected to last at least through September 2022.

What CPAP machine is being recalled?

A wide variety of CPAP machines are a part of the recall. 80% of the recalled machines treat sleep apnea and 20% are ventilator machines. The machines recalled are those with sound abatement foam. While many machines are part of the recall, there are other machines that are not affected. It’s important to carefully check the machines involved to know whether to stop using your machine.

How serious is the CPAP recall?

The CPAP recall is a Class 1 recall. That’s the most serious category of recalls based on the threat of harm to consumers. Harmful chemicals found in the devices may include:

  • Dimethyl diazene
  • Phenol, 2,6-bis
  • Diethylene glycol
  • Toluene diisocyanate
  • Toluene diamine

The machines may produce black debris that is visible. Without a filter to prevent inhalation, this same material may enter the lungs. Even without visible black debris, harmful particles may break off and cause damage.

About CPAP Injuries and Illness

What is a CPAP machine?

CPAP stands for Continuous Positive Airway Pressure. It is a machine that delivers constant and steady air pressure in greater density than occurs naturally in the air. A person uses the machine while sleeping to treat obstructive sleep apnea.

What illnesses and injuries can result from use of a defective CPAP machine?

The foam particles from a defective CPAP machine may be responsible for producing or increasing the severity of several different medical conditions including:

  • Cancer including esophageal, thyroid, testicular, stomach and other cancers
  • Lung and respiratory diseases
  • Asthma and bronchitis
  • COPD
  • Emphysema
  • Headaches
  • Inflammation and hypersensitivity
  • Leukemia
  • Liver problems including cancer, liver damage and disease
  • Lymphoma
  • Organ damage
  • Pneumonia
  • Stroke

If you have been diagnosed with a serious medical condition after using a machine, it’s important to investigate the cause to determine if harmful particles from the machine’s insular foam may be a cause or contributing factor.

How To Hire a Lawyer for CPAP Lawsuits

To hire a lawyer for CPAP lawsuits, contact us and tell us about your case. We are experienced personal injury attorneys who understand how to pursue claims involving complex medical issues. Let us learn about your case and develop a personalized strategy for you to pursue your claim. Our team offers complete services from start to finish of all the needed tasks both inside and outside the courtroom.

We’re here for you, so that you can be here for your family. We’re taking new cases, and time is limited. Don’t wait to begin working on your claim. Work with team that puts you and your family first. 

See how we can represent you with no fee unless you win your case. Let’s get you the compensation that you deserve. Call or message us today.

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We’re here to help recover maximum monetary damages to compensate you for your physical, financial and emotional losses. The personal injury lawyers at our firm understand your concerns and are committed to responding to your needs with strong advocacy and legal counsel. Contact our law firm today to schedule a free initial consultation to discuss your personal injury or work-related injury claim at one of our office locations in Illinois or Missouri.

At Walton Telken, trial practice is core to our DNA. We’re unafraid to fight on your behalf aggressively to ensure you recover the monetary damages you deserve.

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