Seeking Justice for Injuries Linked to Phasitron 5 Breathing Circuits
The recall of Phasitron 5 breathing circuits, issued by Percussionaire, highlights a serious safety issue affecting patients relying on these devices for intrapulmonary percussive ventilation (IPV) therapy. This device recall, classified by the FDA as the most serious type, warns of potential life-threatening injuries or death resulting from continued use of the defective products. Patients exposed to these risks, as well as their families, have a right to understand the full scope of this problem and explore their legal options.
The Phasitron 5 breathing circuits are designed to improve gas exchange and help patients with compromised respiratory function clear their airways. However, certain lots of this device were found to have an unexpected nickel coating on one of their components. When combined with saline solutions mixed with albuterol or N-acetylcysteine, this nickel coating can aerosolize, exposing patients to dangerously high levels of nickel. This exposure can lead to severe adverse health consequences, including lung injury, airway narrowing, allergic reactions, and even death.
To date, three injuries have been reported, although no deaths have been officially linked to the defective devices. Patients and healthcare providers who rely on the Phasitron 5 systems have been instructed to dispose of affected products, follow strict updated usage guidelines, and avoid using the devices unless absolutely necessary. Despite these measures, many patients have already experienced significant harm, underscoring the urgent need for accountability and compensation.
How the Defective Phasitron 5 Devices Cause Harm
Patients exposed to aerosolized nickel from defective Phasitron 5 breathing circuits face a range of serious health risks. Nickel exposure can provoke inflammatory responses in the lungs, leading to bronchospasm, which causes dangerous narrowing of the airways and significant difficulty in breathing. Additionally, allergic reactions triggered by nickel can exacerbate respiratory distress or cause systemic complications. In some cases, prolonged exposure to aerosolized nickel may weaken the immune system, leaving patients more vulnerable to infections or further health complications.
The nature of these injuries can lead to long-term health consequences. For example, lung inflammation caused by exposure to nickel may result in chronic respiratory conditions, which require ongoing medical treatment. Allergic reactions, meanwhile, can create persistent sensitivities that affect a patient’s quality of life. For those with preexisting respiratory issues, these complications may significantly worsen their prognosis, resulting in prolonged hospital stays or the need for additional therapies.
Legal Options for Victims of Phasitron 5 Injuries
Victims harmed by the defective Phasitron 5 breathing circuits have the right to seek justice through a product liability lawsuit. These claims are typically based on evidence that a device was defectively manufactured, poorly designed, or sold without adequate warnings about its risks. In the case of the Phasitron 5 devices, the presence of nickel and its potential to aerosolize raise serious concerns about manufacturing flaws and insufficient safety oversight by Percussionaire. Additionally, delays in alerting healthcare providers and the public to the risks could bolster claims of negligence.
Filing a lawsuit allows victims to hold the manufacturer accountable for failing to meet its duty to ensure the safety of its medical devices. Legal action can also help victims secure the financial resources they need to manage their recovery. This includes covering medical expenses related to injuries, compensating for lost wages due to extended recovery periods, and addressing the emotional toll these injuries impose. Families of patients who lose their lives as a result of defective medical devices may also pursue wrongful death claims to obtain justice and financial relief.
The Importance of Legal Representation in Product Liability Claims
Filing a product liability lawsuit is a complex process, particularly when dealing with medical devices that involve technical and scientific evidence. Having an experienced attorney is crucial for navigating this process and ensuring that the manufacturer is held accountable.
The legal process begins with a thorough case evaluation to determine the extent of the injuries and gather critical evidence, such as medical records, device documentation, and witness testimony. Attorneys can also work with medical and engineering experts to demonstrate how the defective device caused harm and whether the manufacturer failed to meet safety standards.
Once the evidence is compiled, an attorney can pursue a settlement with the responsible company or prepare to take the case to court if a fair resolution cannot be reached. Throughout the process, a legal team protects the victim’s rights and advocates for full compensation. This is essential for leveling the playing field against large corporations with significant legal resources.
Damages Available in Phasitron 5 Lawsuits
Victims of defective medical devices may recover several types of damages in a product liability lawsuit. Medical expenses are often the most pressing concern, as injuries caused by defective devices frequently require extensive treatment, hospitalization, and ongoing care. Compensation can also include reimbursement for lost wages if the victim’s injuries prevent them from working.
Non-economic damages, such as compensation for pain and suffering, are also significant. These damages address the emotional and physical distress caused by the injury, recognizing the profound impact on the victim’s quality of life. In cases where the manufacturer’s negligence was particularly egregious, courts may award punitive damages to penalize the company and deter similar misconduct in the future.
Why Choose Parker Waichman LLP?
Victims of defective medical devices deserve strong legal advocacy to ensure justice is served. Parker Waichman LLP is a nationally recognized product liability law firm with a proven track record of securing compensation for victims of corporate negligence. With over $2 billion recovered for clients, the firm’s experienced attorneys are committed to fighting for individuals harmed by dangerous products like the Phasitron 5 breathing circuits.
Parker Waichman LLP operates on a contingency-fee basis, meaning clients pay nothing upfront and only owe a fee if their case is successful. This allows victims to pursue justice without financial barriers. The firm provides free consultations to evaluate cases and determine the best course of action.