Dallas Defective CPAP Machine Lawyer

Why Were Philips Respironics Ventilators, BiPAP, and CPAP Machines Recalled?

These Philips Respironics Ventilators, BiPAP, and CPAP Machines have potential high risks, and individuals and healthcare providers have been warned that Philips has recalled certain devices.

There is a risk of the polyester-based polyurethane (PE-PUR) sound abatement foam breaking down and entering the air pathway of the device. This sound abatement foam reduces sound and vibration in the devices. This black debris of this foam or other chemicals entering the device’s pathway could be swallowed or inhaled by individuals using the device and their health being affected.

Which Devices Were Recalled?

The following devices were recalled by Philips:

• Trilogy 100
• BiPAP A30/A40 Series Device Models
• DreamStation
• Dorma 400 and 500
• SystemOne (Q-Series)
• Aeris
• C-Series ASV
• REMstar SE Auto
• E30
• Trilogy 200
• Garbin Plus
• LifeVent
• BiPAP V30

Phillips has announced that they would recall all devices manufactured between 2009 and April 26, 2021.

Consequences of the Faulty Device

The company announced earlier this year, in June, that the foam in these breathing devices could disintegrate into smaller particles and users could inhale this along with harmful chemical emissions. Being exposed to these particles and emissions is extremely harmful and can also cause cancer.

FDA has already recorded 1200 complaints against this device along with 100 injuries caused by it. Based on the company’s shipment records, this recall has affected an estimate of 3 to 4 million devices all around the world between July 2009 and April 2021. Half of these devices were sold within the US.

The potential consequences after the exposure to the foam could be headaches, inflammation, dizziness irritation, possible carcinogenic effects as well as respiratory issues like asthma. Other than the risks mentioned above, exposure to the chemical emissions could also cause nausea/vomiting and hypersensitivity, kidney, liver, and other organ problems.

Recommendations

The first step that needs to be taken is contacting your healthcare provider and discussing your case with them. Here’s what you can do in the meantime:

• Stop using your device.
• Use another device that has not been recalled.
• Consider alternative treatments for sleep apnea. Some examples are oral appliances, positional therapy.
• You could also initiate long-term treatments for sleep apnea like losing weight, alcohol avoidance, and cutting back on smoking.
• Surgery is another option in the case of severe sleep apnea.

While following these steps, the most important thing to do is talk to your healthcare provider and discuss your potential options.

Is PE-Pur Foam Dangerous?

PE-PUR foam is generally harmless but if it disintegrates, it releases chemical gases and particles and if these are inhaled through the nose or mouth by consumers, it could cause potential health risks.

These injuries could cause permanent damage and even death. Looking at the foam in your device, it might seem it is not breaking down and is intact. But do not risk it, talk to your healthcare provider and consider alternative treatments.

Harmful Chemicals in Disintegrated Foam:

Philips conducted a lab analysis and found the following chemicals that have the potential for severe harm in the disintegrated foam:

Toluene diisocyanate:

This liquid is used in creating foams. Health hazards are damage to the eye, irritated skin, cancer, respiratory irritation. If inhaled, this could be fatal.

Oluene diamine:

This is used to create dyes, hydraulic fluid, polyurethane. This could cause genetic defects, reactions to the skin, cancer, fertility damage as well as organ damage. It is highly toxic to the human body.

Dimethyl diazene:

This gas is used in the production of other chemicals.

Diethylene Glycol:

This solvent is used to manufacture other chemicals. These chemicals can cause irritation to the skin, eyes as well as mucus membranes. It can also be slightly toxic if inhaled.

Phenol, 2, 6-bis (1,1-dimethylethyl)-4-(1-methylpropyl):

This is also used to create other chemicals.

File a Recall Lawsuit

It is your legal right to file a lawsuit against a company that causes injury due to faulty, defective products. Demand financial compensation for the damage. The reason Tort law came into being was to hold careless manufacturers responsible for the damage they caused out of negligence and compensate the victims for their loss.

Product liability law is not something everyone is aware of or well versed in. To seek compensation for the damage caused by the Philips Respironics Ventilators, BiPAP, and CPAP Machines, contact Rasansky Law Firm and discuss your case and the way forward.

Class Action Lawsuit

If more than one person is filing a case against the same defective product, all the parties can come together and file a joint lawsuit. It is difficult for a court to cater to several cases for a similar issue.

Requirements for Class Action Lawsuit:

There are certain requirements that need to be met in order to be classified as a group.

• Several parties are affected and wish to file a case
• Similar claims are submitted by all parties
• The representative plaintiff’s claims should accurately reflect the claims of the entire class
• The interests of the entire class should be appropriately represented by the chosen representative

Benefits of Class Action Lawsuit:

Filing a class action lawsuit has a few benefits over filing an individual recall lawsuit.

• A joint case would be catered to faster than thousands of individual cases.
• Dividing the costs of the lawsuit amongst the filers is feasible than bearing the cost alone.
• The settlement tends to be greater if there are several parties filing a case.
• Your case is strengthened as there are more consumers affected and therefore, more proof.

If you have faced injury or harm by a product, you can file a recall lawsuit against the company and manufacturers. The product doesn’t necessarily have to be recalled from the market. A recall lawsuit covers damage, injury, or death caused by a defective product available in the market.

Filing a lawsuit against a product that hasn’t been recalled yet would result in the safety of other unaware consumers too.