How Victims Can Seek Compensation for Harm Caused by Defective Ventilators
When patients rely on a ventilator to manage their breathing, any malfunction can have devastating consequences. Philips Respironics recently issued a correction notice regarding several models of their Trilogy ventilators, warning that certain in-line nebulizer placements could lead to serious injuries. While no deaths have been reported, the potential hazards posed by inaccurate flow measurements are concerning, and those affected may have grounds for a product liability lawsuit.
How People Are Harmed by Defective Philips Respironics Ventilators
In-line nebulizers are a common accessory for patients who need medication delivered directly to their lungs. Philips Respironics found that aerosol deposits from these nebulizers could accumulate over time, leading to issues with the ventilators’ flow sensors. This malfunction can result in improper air delivery—either too much or too little—which can cause significant respiratory problems.
Patients using defective ventilators may experience low oxygen saturation, shortness of breath, or even lung injuries like volutrauma or barotrauma. These conditions can be life-threatening, especially for individuals who already suffer from compromised lung function. Those who rely on ventilators are particularly vulnerable, and a delay in therapy or improper oxygen delivery can have long-term health consequences, potentially leading to hospitalization or further complications.
Filing a Lawsuit: Seeking Damages for Ventilator-Related Injuries
If you or a loved one has been harmed by a defective Philips Respironics ventilator, you may be entitled to compensation through a product liability lawsuit. These lawsuits allow victims to hold manufacturers accountable for defects that cause harm, whether from design flaws, manufacturing errors, or failure to provide adequate warnings about potential risks.
The process of filing a lawsuit can be complex, but the first step is establishing that the ventilator defect directly caused the injury. Evidence like medical records, expert testimonies from healthcare providers, and data regarding the ventilator’s malfunction will be crucial. Proving that the manufacturer knew or should have known about the defect and failed to act promptly is another essential element of a product liability claim.
Victims should consider hiring an experienced attorney to guide them through each phase of the lawsuit. Legal representation ensures that your case is thoroughly prepared and that the manufacturer is held accountable. An attorney will also handle negotiations with the company’s legal team and insurance providers to secure a settlement or prepare the case for trial if needed.
Why You Need an Attorney for a Product Liability Lawsuit
Product liability cases can be daunting, especially when you’re up against a large corporation like Philips Respironics. Attempting to handle a lawsuit without legal representation puts you at a disadvantage. A skilled attorney will gather the necessary evidence, hire medical and technical experts to strengthen your case, and negotiate with the manufacturer’s legal team on your behalf.
Product liability attorneys understand the intricacies of the legal system and have the experience to evaluate the full extent of the damages you suffered. Whether you’re dealing with medical bills, lost wages, or emotional trauma, an attorney will fight to ensure you’re fully compensated for your losses.
Damages You Could Recover in a Product Liability Lawsuit
Victims of defective products can pursue several types of compensation. In cases involving ventilator malfunctions, you may be entitled to economic damages, which cover medical expenses, future treatment costs, and any lost income if you were unable to work due to your injury.
Non-economic damages may also be recoverable, compensating you for pain, suffering, emotional distress, and diminished quality of life. In certain cases, punitive damages might be awarded if the manufacturer is found to have acted with gross negligence or willful disregard for patient safety.
The damages you recover can help ease the financial burden of medical care and other expenses, providing some relief after the trauma of suffering from a defective medical device. A qualified attorney will help evaluate the damages you are owed and advocate for the maximum compensation possible.