It’s been over two years since Philips announced a recall of its fleet of CPAP, BiPAP, and ventilator devices used to treat sleep apnea. At last count, the recall affected more than 15 million devices. Despite its initial pronouncement that the sound abatement foam used in these devices is carcinogenic and can lead to a host of injuries, Philips currently claims that results from its own testing show that exposure to the recalled devices is “unlikely to result in an appreciable harm to health in patients.”
By way of background, each of the recalled Philips devices uses a polyester-based polyurethane (PE-PUR) foam to abate the sound of the device’s motor. The foam, which is situated directly in the airway path of the device, can degrade and break into particles that can be ingested by the user. Additionally, the foam can off-gas, or emit harmful chemicals that can be breathed by a user. Philips admits to these two mechanism of injury. A humid environment and/or use of a humidifier in conjunction with the sleep apnea machine can exacerbate the foam degradation. Philips claims that newer models of the devices do not have PE-PUR foam and instead contain a silicone foam.
There is evidence that Philips knew or should have known about the harms that its CPAP, BiPAP and ventilator products could cause.
Currently, there are hundreds of cases that have been filed in In Re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation, Case No. 2:21-mc-01230, MDL 3014 (W.D. Pa.). There is also a parallel state court litigation underway in Massachusetts that has been consolidated under St. John. v. Philips North America, LLC, et al., Case No. 2281CV01788 (Middlesex Cty. Super. Ct.). Leckman Law represents multiple plaintiffs in the Massachusetts state court litigation. Plaintiffs in these lawsuits claim varied injuries, including respiratory issues, asthma, lung cancer, and oral cancer. Discovery is underway, but no trial dates have been set in either the MDL or the Massachusetts litigations.
Leckman Law is currently taking clients who have used a recalled device and developed subsequent injuries, including, but not limited to, asthma, sarcoidosis, pneumonitis, lung cancer, and oral cancer. Please contact us if you think you have been injured by your use of one or more recalled Philips CPAP, BiPAP, or ventilator devices so that we may help you seek justice and financial recovery for your injury.
To check whether your device has been recalled, you can enter your serial number. You do not have to register your device.