Insight

CPAP Lawsuit Attorneys

CPAP Lawsuit Attorneys

Roy D. Oppenheim

Roy D. Oppenheim

June 22, 2022 03:37 PM

CPAP Lawsuit – A Legal Nightmare

Philips, a Dutch multinational conglomerate, has been in the electronics industry since the end of the 19th century. In 2013, Philips Electronics dropped “Electronics” from its name to focus on health electronics. One such product, the Philips Respironics’ CPAP which aids people who have sleep issues, has been the subject of a massive voluntary recall. In fact, for the greater part of 2021, Philips has been handling allegations that the foam used in their CPAP is both toxic and carcinogenic, and worse, new reports suggest they have known all along.

CPAP machines specifically are used to treat obstructive sleep apnea, a disorder in which breathing intermittently stops during sleep due to a relaxation of the muscles in the throat. CPAP machines are connected through a hose to a face mask that is used during sleep. The face mask is supposed to supply air pressure to ensure that even during the periods where breathing would normally stop, airways are pushed open to ensure breathing continues as normal. These machines, like any air pump, generate a lot of noise which is why Philips used polyester-based polyurethane (PE-PUR) sound abatement foam to make their machines quieter. The issue is that this foam has been reported to degrade and release both particles and toxins which are carcinogenic to humans.

Philips CPAP Recall Lawsuit Attorneys

In June 2021, Phillips issued a voluntary recall of more than 15 million CPAP and BiPAP ventilators that use PE-PUR foam. The company acknowledged the “life-threatening” risk caused by the foam which may degrade into particles and release certain chemicals that enter the user’s airways. Phillips’s recall, aimed at ventilators manufactured before April 26, 2021, was then followed by the FDA classifying Phillips’s decision as a Class I recall, the most serious type reserved for products who can cause “serious injury or death.”

The FDA also published some additional commentary on the threat posed by the foam. The FDA claimed that they have seen reports of “headache, upper airway irritation, cough, chest pressure, and sinus infection” possibly caused by the foam, and further warned that other complications such as asthma, nausea, and inflammation were also a possibility. Perhaps most worrisome, however, was the FDA’s warning about exposure of the liver and kidney to carcinogens.

CPAP Lawsuit Update

In September 2021, in order to alleviate the state of alarm over their CPAP ventilators, Philips offered to replace and repair those units affected by the recall. Philip launched a website so that CPAP users could find out if they were affected by the recall, and if so, request that their ventilator’s sound abatement foam be replaced with a non-toxic alternative. However, despite Philips’s effort to portray itself as proactive and overly cautious, Philips’s reputation of dedication to consumer safety and health electronics was questioned.

A Stained Image

The recall presented two new problems for Philips. First, Philips representatives acknowledged that despite their commitment to the recall, they expected the program to take 12 months to complete. Such a long-time horizon meant some CPAP users would have to go another entire year of exposure to harmful toxins and particles. Second, the voluntary recall triggered an FDA investigation on company records and Philips’s manufacturing plant in Pennsylvania. As part of the investigation, the FDA examined previously withheld data on the new silicone-based foam that was being used in the 12-month replacement program. Unfortunately, FDA concluded that this new silicone-based foam also failed a safety test concerning the release of toxic chemicals, this time called volatile organic compounds (VOCs).

Another finding of the FDA’s investigation was a long list of instances where Phillips was made aware of issues surrounding foam degradation yet chose to do nothing until the recall in mid-2021. The FDA report found evidence in an email that as early as 2016, Phillips was already analyzing complaints of foam degradation. Other test reports from 2018 through 2020 not only suggest that Philips, in their research, found a link between degradation and high humidity and heat environments; yet, decided to not disclose such information to the public.

The First Step Towards Justice CPAP Philips Lawsuit

In September 2021, the US Judicial Panel on Multidistrict Litigation consolidated all individual lawsuits into MDL Number 3014 in Pennsylvania’s Eastern District. The panel noted that all personal-injury claims should be included, as all of the actions “raise similar factual questions regarding the recalled devices and the conduct of the recall.” No cases have been settled so far, so there is still time to act. If you have used a CPAP or BiPAP filter and have exhibited any of the symptoms of inhalation and intoxication communicated by the FDA, you may be entitled to compensation.

Our team at Oppenheim Law recognizes the emotional burden these impairments can have on individuals and their lives. That is why our firm provides a team of professionals committed to zealously represent our clients.

Please feel free to call us at (954) 384-6114, contact us at contactus@oppenheimlaw.com, or chat with us at www.oppenheimlaw.com so we can inform you of your legal rights so you can obtain the compensation to which you are entitled.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background