Understanding the Health Risks, Legal Implications, and Why Parker Waichman LLP is Your Best Ally
The U.S. Food and Drug Administration (FDA) has disclosed an escalating number of patient fatalities linked to recalled Philips Respironics BiPAP, CPAP, and ventilator devices. As the numbers continue to climb, concern grows among patients and healthcare providers alike.
As per the first quarter data of 2023, 40 deaths and over 6,000 medical device reports were submitted to the FDA, bringing the total count of patient deaths to 385. These fatalities are connected with the bilevel positive airway pressure (BiPAP) and continuous positive airway pressure (CPAP) devices, which are primarily used to treat sleep apnea. The critical concern arises when the sound-muffling foam within these machines disintegrates.
According to the FDA statement, the polyester-based polyurethane (PE-PUR) foam used to dampen sound and vibration in these devices can deteriorate. Should this happen, black foam fragments, or potentially harmful, invisible chemicals could be inhaled or ingested by the device user.
Health Risks Due to Foam Breakdown
Since April 2021, the FDA has recorded an alarming 105,000 medical device reports, inclusive of 385 death reports, attributed to the breakdown, or suspected breakdown, of the PE-PUR foam in Philips CPAPs and other devices.
The FDA’s June 2 update clarified that manufacturers like Philips are mandated to submit medical device reports (MDRs) when they learn of an event suggesting their device could have caused or contributed to a death or serious injury, or malfunctioned in a way that could cause or contribute to a death or serious injury should the malfunction repeat.
Reports of device adverse events and malfunctions can also be voluntarily submitted to the FDA by healthcare professionals, consumers, and patients. The MDRs include both mandatory reports from Philips as well as voluntary reports made by healthcare professionals, consumers, and patients.
The FDA has highlighted a wide range of injuries reported in these MDRs, including cancer, pneumonia, asthma, other respiratory problems, infection, headache, cough, difficulty breathing (dyspnea), dizziness, nodules, and chest pain.
Massive Recall by Philips
In June 2021, Philips voluntarily initiated a recall of millions of its CPAP, BiPAP, and mechanical ventilator devices due to concerns of foam breakdown. The FDA classified the Philips CPAP recall as a Class I recall in July 2021, denoting the highest level of recall severity. The ingestion or inhalation of particles or gases from the deteriorating foam could potentially lead to toxic, respiratory, and carcinogenic effects.
Potential side effects associated with the recalled Philips CPAP devices are wide-ranging and serious. Users of Philips CPAP machines have reported suffering from ailments such as asthma, breathing problems, several types of cancer, hypersensitivity reactions, lung and pulmonary disease, respiratory failure, inflammation of the throat, nose, and ear, toxic chemical poisoning, and organ damage including liver and kidney problems.
Following the recall, individuals who had used Philips’ recalled CPAP machines and suffered injuries began filing lawsuits against Philips. These lawsuits assert that the CPAP devices by Philips are defective, and that the company failed to adequately warn about the risk of serious injury.
Filing a Product Liability Lawsuit
If you or a loved one has been diagnosed with cancer or respiratory issues after using a Philips CPAP device, you may be eligible to file a product liability lawsuit. Such a legal action can help you obtain compensation for injuries and associated damages such as medical expenses, lost wages, and pain and suffering.
Choosing an Attorney
Choosing the right attorney for your lawsuit is critical. An experienced attorney can guide you through the complex legal process, ensuring that your rights are protected. When it comes to product liability lawsuits related to Philips CPAP devices, Parker Waichman LLP is an excellent choice. With their vast experience in personal injury and product liability lawsuits, they have a proven track record of securing successful outcomes for their clients.
Why Choose Parker Waichman LLP?
Parker Waichman LLP is renowned for their expertise in product liability lawsuits. Their team of experienced lawyers understands the complexities of such cases and is adept at navigating the legal landscape to achieve the best possible outcome for their clients. They have a well-deserved reputation for their commitment to justice and their ability to secure fair compensation for their clients.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
If you’ve been affected by the recalled Philips Respironics BiPAP, CPAP, and ventilator devices, don’t wait. Call Parker Waichman LLP’s national toll-free number 1-800-YOUR-LAWYER (1-800-968-7529) today. Contact Parker Waichman LLP for your free case review and ensure your legal right for compensation is protected.
Parker Waichman LLP helps families recover monetary compensation for harm caused by defective Philips Respironics devices. For your free consultation, contact our national Philips Respironics product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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