Philips Respironics manufactures “continuous positive airway pressure” (CPAP), bilevel positive airway pressure (BiPAP), and ventilators for the treatment of obstructive sleep apnea. Those with this condition experience disruption of normal breathing during sleep, as manifested by snoring.
These machines use polyester-based polyurethane foam to diminish the noise and vibrations generated while the user sleeps. When the foam degrades, it releases toxic gases and matter, which the users may inhale and ingest. As explained more below, the toxins may sicken users and expose them to serious conditions such as organ failure and cancer.
Philips issued a recall on June 14, 2021, for the first-generation devices. In the wake of this recall, numerous users have sued Philips for personal injuries and other damages. Below, we explain whether you can sue Philips if you claim one of its devices has resulted in illness or serious disease.
Did You Use One of the Recalled Models?
Determine if you used a device with potentially toxic foam. Philips manufactured the CPAP, BiPAP, and ventilator machines that used polyester-based polyurethane foam between 2009 and April 26, 2021. The devices which Philips recalled include these products.
The company has a page devoted to the recall of these devices. You can enter the device’s serial number to learn if Philips has recalled it.
The fact that your machine is subject to recall does not automatically mean you will recover from Philips. Generally, a voluntary recall is not admissible to prove fault. However, you can use evidence of such a recall to show that Philips manufactured and controlled your device. Below, we’ll tell you the specific legal theories upon which plaintiffs may rely in Philips CPAP lawsuits.