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CPAP Recall Update October 13, 2021: CPAP Lawsuits Proceed in New MDL
Lawsuits against Philips Respironics will be consolidated in a Pittsburgh federal court in cases concerning the recall of several of its sleep apnea machines.
In June 2021, Philips Respironics voluntarily recalled thousands of ventilators, BiPAP, and CPAP machines because of severe and deadly health risks. Sleep apnea device users who may be eligible to file a lawsuit against Philips Respironics include any who developed the following conditions after using the device:
- Respiratory illnesses
- Liver damage, disease, or failure
- Kidney damage, disease, or failure
- Chemical poisoning
In the meantime, what can I do if I have a device and can’t wait for a new device?
The first thing that you should do is verify if their device is included in the recall. Philips Respironics established a registration process that allows anyone to look up their device serial number and begin a claim if their unit is affected. Patients may also register with Philips Respironics by phone at 877-907-7508.
If the device you use isn’t included in the list, it is in your best interest to consult with your prescriber or the Durable Medical Equipment supplier where you purchased the device for verification. In addition, the U.S Food and Drug Administration recommends speaking to your health care provider to decide on a suitable treatment for you.
Which CPAP machine is being recalled?
The recall doesn’t affect all of Philips’ breathing devices. About 80% of the affected devices are CPAP machines and about 20% are ventilators.
A majority of the affected devices come from Philips’ DreamStation line. The recall affects all serial numbers of the following devices manufactured between 2009 and April 26, 2021, on the following devices:
- DreamStation (ASV, ST, AVAPS, CPAP, Auto CPAP, BiPAP)
- DreamStation GO (CPAP, APAP)
- SystemOne (ASV4)
- C Series (ASV, S/T, AVAPS)
- OmniLab Advanced Plus
- Dorma 400,500 (CPAP)
- REMStar SE Auto (CPAP)
- Trilogy100 and 200
- A-Series BiPAP V30 (Auto)
- Garbin Plus, Aeris, LifeVent
- A-Series BiPAP A40 and A30
- A-Series BiPAP Hybrid (A30) – not marketed in the United States
- E30 (Emergency Use Authorization)
What is involved in filing a CPAP Claim?
When you file your claim against Philips Respironics, you will need to submit medical documentation, proof of CPAP or BiPAP use and other documents that prove your medical condition is related to the defective ventilators.
Hiring a defective device lawyer is really the first step in your quest for holding Philips Respironics accountable. It is important that you have all the proper documentation when you submit your claim in the CPAP lawsuit. While there is no immediate deadline, there will be a statute of limitations on these claims. It’s also important that any documentation you submit be the correct information that these types of cases require. Should you miss any future deadlines, you may not be able to recover compensation.
Will I have to go to court if I file a claim in the CPAP Lawsuit?
Despite being called the “CPAP lawsuit”, it is extremely unlikely that you will go to court to recover the compensation Philips Respironics owes you.
As noted above, these claims have been consolidated into an MDL. In other words, most plaintiffs in the claim will not need to appear in court to get compensation for their injuries.
Do I need a lawyer to file a CPAP recall claim?
Anyone can file a claim, however, because this is a complex legal matter, you may want to seek help from an experienced dangerous device lawyer. A CPAP lawsuit attorney will be able to look over your medical records and other documentation to make sure you have a viable lawsuit against Philips Respironics.
Can I have my Philips Sleep Apnea Machine Replaced?
According to its website, Philips began its repair and replacement program on September 1. The company is starting by reworking affected first-generation DreamStation devices. Further, the company plans to replace the current sound abatement foam with new material.
Talk to your doctor if you are concerned about using your device in the interim.