Many people with obstructive sleep apnea who depended on the Philips CPAP machine might be wondering if they qualify to file a lawsuit against Philips. To find out if you qualify to joing the Philips CPAP lawsuit, read on below to see how a lawyer can help you get the compensation you deserve, how you can begin the process, and if you’re one of the up to five million people affected by this defective product.
Are All Philips CPAP Machines Defective?
No, not all Philips CPAP machines are defective. However, a significant number of them have been recalled due to a design defect that can cause the polyurethane foam in the machine to overheat and degrade into dangerous particles. If you have been injured by a defective Philips CPAP machine, you may be able to file a lawsuit against the manufacturer.
If your machine is part of the list below, there’s a good chance you’re entitled to compensation:
Continuous Ventilator, Non-life Supporting
- DreamStation ASV
- DreamStation ST, AVAPS
- SystemOne ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLab Advanced+
- SystemOne (Q-Series)
- DreamStation Go
- Dorma 400
- Dorma 500
- REMstar SE Auto
Why Are These Machines Defective?
The polyurethane foam used in these machines is not heat resistant and can release dangerous particles into the air when it overheats. This can cause serious respiratory problems for those with sleep apnea who rely on these machines to breathe at night. In fact, the FDA has stated that these particles are toxic, can cause cancer, and can lead to serious side effects that make daily life difficult. Such symptoms include:
- Shortness of breath
- Eye, nose, and throat irritation
- Skin rash
These symptoms can be extremely debilitating and make it difficult to live a normal life. If you or someone you love has been injured by a defective Philips CPAP, you might be entitled to compensation and might be able to join in on the lawsuit against Philips.
How You Might Qualify
There are certain factors that will play into whether or not you qualify to join the lawsuit against Philips. A lawyer can help you determine if you qualify, but some of the factors that will be considered include the following.
Whether or Not You Used One of the Recalled Machines
By reading the list of machines above, you can determine whether or not you used one of the recalled machines. If you did, then you will likely qualify to join in on the lawsuit. If you own one of the recalled machines but did not use it regularly, you might still be entitled to compensation, but this will be decided on a case-by-case basis.
The Severity of Your Injuries
If you have been injured by one of the defective Philips CPAP machines, then the severity of your injuries will also be considered. If your injuries are severe, you will likely be able to recover more compensation than someone with less severe injuries. For instance, if you now suffer from cancer due to degraded polyurethane, you might be entitled to more compensation.
The Cost of Your Injuries
Another factor that will be considered is the cost of your injuries. If you have incurred medical bills, lost wages, or other expenses as a result of your injuries, you will be able to recover compensation for these with the help of a lawyer.
The Timeline of Your Injuries
It’s important to note that you can’t file a lawsuit against Philips years after you were injured by one of their machines. There is a statute of limitations, which is a time limit on when you can file a lawsuit. In most cases, the statute of limitations is two years from the date of your injury, but a lawyer will help you file right away so you can get compensation as soon as possible.