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Philips CPAP/Bi-PAP Recall Lawsuit

Posted By Anapol Weiss on this July 13, 2021 at 6:56 pm

Philips has recalled millions of Respironics CPAP, Bi-level PAP, and mechanical ventilator breathing machines over the potential risk of death or injury. The core issue is the sound abatement foam within these devices, as they may disintegrate or outgas, causing users to inhale contaminants or toxic chemicals.

Patients who use Philips Respironics CPAP, Bi-PAP, and ventilators are advised to consult with their physicians. Once a decision has been made regarding medical care moving forward, it’s important to contact an experienced law firm to discuss legal recourse.

Anapol Weiss represents people nationwide who have been injured by defective devices. Our attorneys have been at the forefront of major national litigation and have recovered billions of dollars from companies that let their customers get seriously hurt. If you or a family member used a Philips Respironics breathing machine and suffered from cancer or lung, liver, or kidney failure, call (215) 735-1130 to discuss your situation with an experienced member of our team.

Latest News on the Philips CPAP Recall

In April 2021, Philips announced that it had identified issues with its sleep apnea devices that could have a health impact on patients. The company noted that potential health risks were related to sound abatement foam used in the devices and that an investigation was ongoing.

In June 2021, the company issued a recall of specific affected Respironics CPAP, Bi-level Pap, and mechanical ventilator devices (see full list below). The recall notice explains the potential health risks related to exposure to degraded sound abatement and chemical emissions from the foam material, which is composed of polyester-based polyurethane. Philips noted that environments with high heat and humidity in certain areas may contribute to the degradation of the foam.

In the announcement, Philips also noted that it has received reports of “possible patient impact.” Anapol Weiss is investigating these reports and is offering free, no-obligation consultations to CPAP, Bi-PAP, or ventilator users or their loved ones to provide answers about the recall and explain how they can protect their legal rights against Philips. If you or a family member used a Philips breathing machine and suffered from cancer or failure of the lungs, liver, or kidneys, call (215) 735-1130 to discuss your situation with an experienced member of our team.

Which Philips CPAP Devices Were Recalled?

Recalled devices include:

CPAP and BiLevel PAP Devices
All Affected Devices Manufactured Before 26 April 2021, All Device Serial Numbers

  • Continuous Ventilator, Non-life Supporting:
    • DreamStation ASV
    • DreamStation ST, AVAPS
    • SystemOne ASV4
    • C Series ASV, S/T, AVAPS
    • OmniLab Advanced Plus In-Lab Titration Device
  • Non-continuous Ventilator
    • SystemOne (Q series)
    • DreamStation CPAP, Auto CPAP, BiPAP
    • DreamStation GO CPAP, APAP
    • Dorma 400, 500 CPAP
    • REMStar SE Auto CPAP
  • Mechanical Ventilators
    All Affected Devices Manufactured Before 26 April 2021, All Device Serial Numbers

    • Continuous Ventilator
      • Trilogy 100 Ventilator
      • Trilogy 200 Ventilator
      • Garbin Plus, Aeris, LifeVent Ventilator
    • Continuous Ventilator, Minimum Ventilatory Support, Facility Use
      • A-Series BiPAP Hybrid A30
      • A-Series BiPAP V30 Auto Ventilator
    • Continuous Ventilator, Non-life Supporting
      • A-Series BiPAP A40
      • A-Series BiPAP A30

    The recall announcement advises using BiLevel PAP and CPAP devices to discontinue use of affected units and consult with their physicians to weigh the benefits of use versus the potential risks. For patients using life-sustaining mechanical ventilator devices, Philips recommended they do not discontinue or alter device usage without first consulting with their physicians.

    The company is notifying customers that it will replace affected devices under warranty with new or refurbished units with different foam or repair the dangerous sound abatement foam with new material in customers’ machines. However, Philips has provided no actual timeline for replacing the recalled machines, even for patients who need to use them daily to manage their respiratory health.

    Patients Are Filing Claims Against Philips 

    At Anapol Weiss, we believe that Philips knew about these dangerous risks from its sleep apnea machines long before issuing the recall in June 2021. In fact, patients who have used the affected CPAPs, Bi-PAPs, and mechanical ventilators have reported “black particles” present in the machines for years; however, Philips failed to take swift action to protect people from harm.

    Patients and their families may be able to file a claim against Philips to hold the company accountable for its failure to take responsibility. Those who file may seek to recover compensation for the damages they’ve incurred from purchasing the dangerous Philips Respironics machines and have the company replace them free of charge. Call (215) 735-1130 to discuss your situation with an experienced member of our team if you or a family member used a Philips Respironics CPAP, Bi-PAP, or ventilator and suffered from cancer or lung, liver, or kidney failure. An experienced member of our team can help you.

    Seeking Compensation for Users of Philips CPAP,  Bi-PAP, and Mechanical Ventilators 

    Victims of Philips’ recalled breathing machines may be able to recover “compensatory damages” including:

    • New breathing devices to replace the recalled devices, 
    • Related medical expenses,
    • Lost wages if the patient missed or will miss work from being too ill, and
    • Pain and suffering.

    Although they are very rare, cases that go to trial may have the potential to recover “punitive damages” if the jury finds that Philips acted especially egregiously in this situation.

    It is difficult to tell how much compensation may be recovered from litigation against Philips over its CPAP, Bi-PAP, and ventilator devices. However, patients have the right to stand up to a company that brushed serious health risks aside for the sake of a profit, and they deserve to be justly compensated for what has happened.

    Get Help from an Experienced Law Firm Litigating Against Dangerous Devices

    Anapol Weiss has spent decades taking on big companies like Philips after they allowed consumers to get hurt while using their medical products. The firm spearheaded litigation surrounding many of the defective hip and knee replacement devices as well as cases involving exposure to dangerous chemicals. As a result, Anapol Weiss’s attorneys are uniquely positioned to successfully represent patients who have been impacted by Philips Respironics breathing machines.

    If you or a family member used a Philips CPAP, Bi-PAP, or ventilator and suffered from cancer or lung, liver, or kidney failure, we welcome you to contact our firm for a free case evaluation. An experienced member of our team will be able to explain the situation, answer your questions, and share the next steps in protecting yourself or your loved one against Philips. Call (215) 735-1130 today for help.

    Topics Class Action, Unsafe Medical Devices