In a startling revelation, the U.S. Food and Drug Administration (FDA) has updated a recall affecting millions of Philips sleep apnea machines, stating that they may be linked to at least 561 deaths. This unsettling news has sent shockwaves through the medical community and raised serious concerns about the safety of these devices.
The recall centers around Philips’ BiPAP and CPAP machines, which are commonly used to assist individuals with sleep apnea. Sleep apnea is a condition characterized by breathing interruptions during sleep, leading to frequent awakenings throughout the night. Among the symptoms of sleep apnea is loud snoring, which often prompts individuals to seek treatment.
However, the very devices designed to alleviate this condition have now come under scrutiny due to a grave issue. The FDA reports that these machines have been found to deteriorate over time, primarily due to the breakdown of the polyester-based polyurethane (PE-PUR) foam used in their construction. As this foam degrades, particles are released and can enter the airway of the person using the device.
The consequences of this foam degradation are dire and extend beyond the potential for equipment malfunction. Patients using these compromised devices face severe health hazards, including the risk of choking, inhalation of foreign particles, and an increased risk of cancer. The FDA’s advisory underscores the gravity of the situation, stating that “black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device.”
Philips initially issued a recall of more than 5 million of these devices in 2021, a testament to the magnitude of the issue. In response to these concerns, Philips has made the decision to cease the sale of these devices in the United States. However, for those who have already been affected, the damage has been done, and the path to justice and compensation becomes paramount.
Filing Your Philips Breathing Machine Lawsuit
For individuals harmed or injured by the use of these defective Philips CPAP and BiPAP machines, pursuing a lawsuit seeking damages is a viable option. The process of initiating a product liability lawsuit is intricate and requires the assistance of a skilled attorney at every stage.
The first step for victims seeking justice is to consult with our experienced product liability attorneys. These legal professionals possess the knowledge and expertise necessary to assess the specific circumstances of each case and determine the existence of a valid legal claim. In cases involving defective medical devices like the Philips sleep apnea machines, establishing negligence on the part of the manufacturer is crucial.
Once a valid claim is identified, the attorney will initiate the lawsuit on behalf of the victim. This includes gathering substantial evidence, conducting thorough investigations, and building a compelling case against the responsible party. Throughout this process, the guidance of an attorney well-versed in product liability law is invaluable for navigating the complexities of the legal system.
During litigation, negotiations may take place between the parties involved in an attempt to reach a settlement. If a fair settlement cannot be achieved, the case may proceed to trial. In such instances, having a seasoned attorney is vital to present a compelling case and advocate for the victim’s rights.
Victims who successfully pursue a product liability lawsuit against Philips may be eligible to recover various damages. These damages can encompass medical expenses related to injuries, emotional distress, pain and suffering, lost wages, and in tragic cases, compensation for wrongful death.
The Philips CPAP and BiPAP recall serves as a stark reminder of the importance of product safety and the consequences of negligence in the medical device industry. Individuals who have suffered harm or injuries due to these defective devices should not hesitate to call us and pursue justice.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP, a leading national product injury law firm, is dedicated to helping victims of defective products. If you or a loved one have been affected by these recalled Philips sleep apnea machines, we urge you to take action. To schedule a free consultation and discuss your case, please call 1-800-YOUR-LAWYER (1-800-968-7529) today. Your health and well-being should never be compromised, and we are here to ensure that your rights are protected.
Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.
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