To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
As the number of Americans living with sleep apnea continues to rise, so too does the usage of CPAP machines to treat this dangerous condition. These machines can make breathing easier while promoting a better night’s sleep.
However, it is important to realize that CPAP machines are complex medical devices, and defective design or malfunctions of these products could result in exposure to unnecessary risks of harm. This is precisely what has happened with certain Philips CPAP machines, BiPAP devices, and ventilators. A type of insulating foam used in these devices tends to break down over time and enter the airways of users, resulting in a variety of severe health concerns.
People who have suffered these injuries after using a CPAP device have the right to pursue compensation for their losses. An experienced mass torts attorney could help investigate your case, determine if Philips may be liable, and prove what is necessary to collect appropriate payments in a successful class action lawsuit.
Product manufacturers must produce items that are safe for consumers. In some cases, the manufacturers themselves admit that their products pose an unreasonable risk of harm to consumers, which is exactly what has occurred with a series of Philips products. In June of 2021, Philips issued a statement in conjunction with the FDA recalling a significant portion of its CPAP machines, ventilators, and BiPAP devices.
In their statement, Philips notes that a type of insulating foam present in these devices may break down and enter a person’s lungs, causing symptoms such as nausea, headaches, vomiting, and even an increased likelihood of developing cancer. Anyone who has experienced these symptoms after using a listed CPAP machine, BiPAP device, or ventilator should reach out to a West Virginia attorney to discuss their options for filing a CPAP lawsuit.
According to state law, all manufacturers, including those that make medical devices such as CPAP machines, have a duty to produce reasonably safe products. The aforementioned failures that led to the recall of Philips CPAP machines are likely a violation of this duty of care. Even so, state law places the burden of proving that a product was unsafe on the affected victims.
According to the landmark case of Morningstar v. Black & Decker Manufacturing Co., 253 S.E.2d 666 (W. Va. 1979), a product is considered defective if it is not safe for its intended use. In the case of defective CPAP machines, a person should be able to use the product as intended without suffering injuries related to disintegrating insulation foam.
Once it is demonstrated that a CPAP machine was defective, it is then necessary to prove that a design defect or manufacturing error caused the dangerous condition. Philips’ admission of danger associated with their products via a voluntary recall could be sufficient evidence in a CPAP lawsuit.
Philips recently recalled a significant portion of their CPAP machines, ventilators, and BiPAP devices, admitting that an insulating foam used in them poses a serious risk to their customers.
If you have suffered these injuries, you need to act quickly to protect your rights. You may be able to collect compensation for medical bills and other losses in a mass tort if you can connect your symptoms to your use of these machines. One of our attorneys can provide more information about West Virginia CPAP lawsuits and work with you to protect your legal rights, so call today.
Jan Dils, Attorneys at Law