After CPAP machines were recalled in 2021, customers filed a barrage of lawsuits claiming damages for harm caused by the usage of the equipment and the chemicals they swallowed. The manufacturer allegedly knew about issues before launching the recall, which unnecessarily exposed consumers to harm, according to the class action lawsuit.
A CPAP Machine: What Is It?
Continuous Positive Airway Pressure is referred to as CPAP. A CPAP is a piece of sturdy medical gear used to treat obstructive sleep apnea. CPAP machines keep the patient’s airway open and stop it from closing while they sleep by continuously delivering filtered, pressured air into their airway.
Similar devices known as Bilevel Positive Airway Pressure (bipap) machines use two pressures in place of one to keep the airway open. The majority of persons who use CPAP or bipap machines do so nightly.
Which CPAP Equipment Has Been Recalled?
The recalled devices were produced by Philips NV, a Dutch company with its headquarters in Amsterdam and a U.S. office in Delaware. It conducted research, developed, designed, produced, sold, distributed, and promoted Philips CPAP lawsuit as well as other devices like bipap units meant to treat respiratory failure and breathing diseases.
On June 14, 2021, Philips announced that it was recalling some bipap and CPAP machines as well as other ventilators due to potential health hazards with polyurethane foam made from polyester that was used in the equipment to lessen sound and vibration.
Foam has the ability to break and enter the device’s air channel, whereupon particles or specific chemicals could be ingested or inhaled and have hazardous or potentially cancerous effects.
There were almost 15 million gadgets subject to the recall. A variety of device kinds with various model names and numbers are among the specific gadgets that have been recalled. Here you can find a list organised by device kind, model name, and model number.
What Is the Level of the CPAP Recall?
The recalled products were given a Class I classification by the U.S. Food and Drug Administration, which is the most serious and means they may result in serious injury or death.
When there is information that suggests a device may have led to a death or serious injury, manufacturers like Phillips are required to prepare medical device reports for the FDA. Philips submitted 30 reports between 2011 and April 2021.
The FDA received 21,000 reports between April 2021 and April 2022, including 124 instances of fatalities that were all connected to foam disintegration. The reports came from Philips as well as from consumers, patients, and healthcare experts.
You need to cease using your device right away if it’s one of those being recalled. If you have not registered your equipment with Philips but it is on the recall list, you should do so to receive information on corrective action. You should register any other Philips products you own on the company’s website in case there are updates regarding new products that are affected.
What Potentially Can Happen to CPAP Users?
According to Philips’ recall notice, possible side effects of foam particulate exposure include headache, itchiness, inflammation, respiratory problems, and cancer.
Cancer, pneumonia, asthma, other respiratory issues, infection, headache, cough, dyspnea (difficulty breathing), dizziness, nodules, and chest pain are among the reported injuries reported to the FDA.
Why Are CPAP Lawsuits Being Filed?
Since the recall was announced, Philips has been the target of lawsuits that claim the corporation knew or ought to have known about the potentially fatal health hazards associated with CPAP equipment but did nothing to alert doctors or users.
According to the CPAP lawsuits, the business has been using the foam that has been declared potentially harmful since 2009.
The design defect and failure to warn claims are at the heart of the CPAP litigation. According to the claims, Philips has known about the potential health risks associated with the foam ever since it started using it, and it knew or should have known that there was a chance that degraded PE-PUR foam could produce dangerous chemicals that users of CPAP devices could breathe in.
The manufacturer reportedly had a report from a patient who detected black dust on her nose after using the device as early as 2011, according to a report from the FDA Manufacturer and User Facility Device Experience. Prior to the 2021 recall, some device users on online discussion forums had reported seeing black particles.
How Are CPAP Lawsuits Faring?
Due to the sheer volume of cases filed about CPAP equipment, multi-district litigation was established to handle them. Mdls consolidate several, intricate cases before a single judge in a single court.
The CPAP MDL consists of personal injury cases as well as proposed class actions alleging violations of state consumer protection laws, warranty breaches, and unjust enrichment. Senior U.S. District Judge Joy Flowers Conti was given the MDL. There are many hundred cases included. It’s also conceivable that other lawsuits filed in different courts may also be moved.
Where Are the Court Proceedings Held?
One plaintiff requested that the Eastern or Western Districts of Pennsylvania serve as the primary location for the CPAP cases. Plaintiffs in more than 50 other lawsuits agreed that centralization was a good idea but disagreed on which district was best.
The Northern District of California, the Middle District of Georgia, the Northern District of Georgia, the District of Kansas, the Eastern District of Louisiana, the District of Massachusetts, the Western District of Missouri, the District of Oregon, the Eastern District of Virginia, and the Southern District of West Virginia are a few additional suggested locations in addition to the two Pennsylvania districts.
The Western District of Pennsylvania or the District of Massachusetts were offered by Phillips’ attorneys.
It was the Western District of Pennsylvania that the Judicial Panel on Multidistrict Litigation selected. The decision emphasised the fact that Philips principally manufactured the majority of the recalled goods in Murrysville, Pennsylvania, which is located in the Western District.
