CPAP Injury Lawsuits
Were you diagnosed with cancer or another serious illness after using a Philips BiPAP, ventilator, or CPAP? You could have a case to hold the manufacturer accountable and obtain compensation for your pain and suffering, medical bills, out-of-pocket expenses, lost wages, and more. The experienced mass torts lawyers with Bronstein, Gewirtz, and Grossman, LLC, can assist.
Our CPAP injury lawsuit attorneys have decades of experience practicing law, and mass torts is one of the areas our law firm specializes in. We have collected millions of dollars for our clients to date.
Contact our law offices today to begin establishing an attorney-client relationship. We offer a free initial consultation to review your case.
How Can Bronstein, Gewirtz, and Grossman, LLC Help With a CPAP Injury Lawsuit?
When you purchase a Philips CPAP machine, you expect it to improve the health condition it is meant to alleviate. Unfortunately, certain CPAP and other similar defective devices have actually made those conditions worse or have resulted in new diagnoses. If that has happened to you, you deserve compensation from those responsible.
Bronstein, Gewirtz, and Grossman, LLC can help you from the very beginning. We’re passionate, fearless litigators who will do what it takes to protect your rights and interests. We won’t be afraid to go to bat for you, even if it’s a powerful corporation on the other side. Our expertise and access to resources allow us to pursue cases confidently. When you hire our legal team, we can help you by:
- Investigating your case to determine the extent of your damages and to collect evidence
- Hiring experts to analyze your claim and testify on your behalf, if necessary
- Handling all negotiations and communications with the other side
- Keeping you up-to-date on your legal options at all times
Reach out to us for further information regarding how we can assist with your CPAP injury lawsuit. Our CPAP lawyers are standing by to take your call.
What Are CPAP, BiPAP, and Ventilator Machines?
CPAP machines are commonly prescribed to people with sleep apnea. They are intended to keep the user’s airways open while they sleep, and they achieve this by providing a steady stream of air through a mask.
BiPAP machines are also given to individuals with sleep apnea. They also aim to help keep the person’s airways open during sleep. Instead of providing air in a steady stream as a CPAP does, these machines use varying pressure. BiPAPs provide higher air pressure when you breathe in and lower air pressure when you breathe out.
Venitalors are used in a variety of situations. They work by controlling or aiding the patient’s breathing and delivering a set amount of air.
Why Are People Filing CPAP Lawsuits?
In June 2021, Philips recalled some of its CPAP, BiPAP, and ventilator machines. These breaching devices utilize polyester-based polyurethane (PE-PUR) foam to reduce vibration and sound.
It was discovered that this material can break down, causing the user of the machine to breathe in or swallow invisible pieces of foam or chemicals. If that occurs, it can lead to serious health consequences. The foam can more easily break down in hot or humid temperatures and can be worsened by the use of ozone cleaners.
As a result of these findings, people affected by these defective machines have begun filing lawsuits against Philips. These lawsuits allege that Philips knew of the risks associated with PE-PUR foam but did not provide adequate warning to patients using these devices.
The Food and Drug Administration (FDA) has set up a Frequently Asked Questions page for further information regarding the recall and to help determine whether your machine is defective. You should also feel free to reach out to our attorneys if you have questions regarding your eligibility to file a CPAP injury lawsuit.
What Is the Value of My CPAP Injury Lawsuit?
Each Philips CPAP injury lawsuit will vary in value depending on the facts and circumstances involved. However, factors that generally influence the worth of most cases include:
- How severe your injuries are
- The type of injuries you’ve suffered
- Whether you are expected to recover fully
- The impact your injuries have on your ability to work and your quality of life
- Whether your lawsuit is pursued as part of multidistrict litigation (MDL) or a class action lawsuit
Our lawyers will carefully assess your case in order to help maximize your potential compensation award. Reach out today for legal advice.
What Kinds of Damages Are Available To CPAP Injury Victims?
You’ll have the opportunity to pursue economic damages as well as non-economic damages via your CPAP injury lawsuit. You might also receive punitive damages.
Economic damages reflect your financial losses. Examples of economic damages include lost wages, decreased earning capacity, medical bills, and out-of-pocket expenses.
Non-economic damages reflect the less-quantifiable consequences of your injuries and include things like pain and suffering, depression, PTSD, disfigurement, and decreased enjoyment of life.
Punitive damages may be available in a mass torts case, but they aren’t always awarded. If they are, they are awarded in order to “punish” the defendant for their conduct.
Signs and Symptoms of CPAP Chemical Exposure
If you’ve experienced the following symptoms after using a CPAP or other applicable breathing machine, it may be an indication that you’ve been exposed to toxic substances:
- Irritation in the eyes, nose, skin, or respiratory tract
- Nausea or vomiting
- Coughing or chest pain
- Asthma or asthma-like symptoms
If you’ve experienced any of the above symptoms, seek immediate medical care.
We Can Help Recover Compensation for Each of Your CPAP Injuries
If you have been diagnosed with any of the following conditions, you may be able to file a lawsuit against Philips and receive the compensation you need and deserve:
- Chronic asthma
- Chronic bronchitis
- Sinus cancer
- Nasal cancer
- Nasopharynx cancer
- Throat cancer
- Lung cancer
- Thyroid cancer
- Multiple myeloma
- Liver cancer
- Kidney cancer
- Interstitial lung disease
- Acute kidney injury
- Acute liver failure
- Multiple pneumonia diagnoses
Reach out to our CPAP injury lawsuit lawyers today for a free, no-obligation consultation to learn about how we can help.
How Do I Prove Liability in a Philips CPAP Lawsuit?
CPAP injury lawsuits will proceed under a product liability cause of action. These causes of action exist to help ensure that products are safe for consumer use. These causes of action follow a strict liability framework instead of a negligence framework, and they can be easier to prove.
There are three primary types of product liability cases: design defect, manufacturing defect, and marketing or failure to warn defect. CPAP injury lawsuits may proceed via a design defect or failure to warn defect.
Design defects occur when there is an issue inherent to the way the product is designed. PE-PUR foam is a component of all the affected machines produced by Philips and may present such an issue. You must prove that the product presents an unreasonable risk of harm as designed and that a safe alternative exists in order to prevail in a design defect case.
Philips did not provide warnings to users about the risk of PE-PUR foam degrading and causing harm. There also might be evidence suggesting that Philips knew about these risks, so a warning would be required if that’s the case.
To win a marketing defect case, you must prove that you were using the product in a reasonable manner, that the manufacturer knew or should have known about the defect, and that there was not an adequate warning provided.
Mass torts cases can be incredibly complex, but our lawyers are more than up to the task. Contact us today to see how we can help with your CPAP recall lawsuit.
How Much Time Do I Have To File a CPAP Lawsuit?
Every state has a statute of limitations that sets deadlines for when lawsuits must be filed. The deadline varies depending on the state.
You’ll usually have at least two years to file your lawsuit, starting on the date that you knew or should have known about your injuries, but you could have more or less time than that, depending on your circumstances.
If you aren’t sure if you can still file a lawsuit in your case, reach out to us. We can help make that determination during your initial consultation.
Contact Us To Schedule a Free Case Evaluation Regarding Your CPAP Injury Lawsuit
You deserve compensation if you’ve been diagnosed with an illness after using a defective CPAP, BiPAP, or ventilator produced by Philips. The legal team with Bronstein, Gewirtz, and Grossman, LLC can help explore your legal options and defend your rights throughout the life of your case.
We work on a contingency fee basis, which means you won’t have to pay us anything upfront. We will receive payment as a percentage of the financial award we ultimately collect for you. This incentivizes us to maximize your compensation and allows you to hire us even if you aren’t in the best financial position.
Call today to schedule your free consultation with an experienced CPAP injury lawsuit attorney.