In June 2021, the Philips company recalled a large number of its BiPAP, CPAP, and ventilator devices due to the risk that consumers might either inhale or ingest gases as well as particles from defective foam used to reduce noise. Use of these defective devices can result in serious medical complications including cancer.
People who incurred injuries following the use of recalled Philips machines are now initiating lawsuits against the company. Lawsuits allege that Philips manufactured defective equipment and failed to properly warn consumers about the risk of health difficulties.
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Attorney Richard Jaffe has been recognized for his contribution to the award-winning law firm, The Law Office of Cohen & Jaffe LLP. The group has helped a large number of people injured by defective products pursue and obtain the compensation they deserve from medical equipment manufacturers.
Attorney Jaffe is leading efforts at Cohen & Jaffe to help the victims of Philips breathing machinery recall obtain the compensation they deserve. In this brief interview, attorney Jaffe tells consumers the basics of the risks posed by these defective machines.
What are CPAP and BiPap Machines?
Continuous positive airway pressure (CPAP) and bilevel positive airway pressure (BIPAP) devices are utilized to treat sleep apnea, while ventilators have various uses. All of this machinery works by forcing pressurized air into a person’s airway to make sure the person’s air path remains open and clear.
Why are People Pursuing Lawsuits Against Philips?
In June of 2021, the Philips company recalled a number of its CPAP and BiPap machines because they contain polyester-based polyurethane foam used to decrease sound. The foam, however, can break down and release hazardous compounds, which can be inhaled by the user and lead to medical problems.
What Does Science State About the Harm Presented by Sound Abatement Foam?
Research has revealed that the particles that the Philips company identified in its recall notice released hazardous chemicals including toluene diisocyanate (TDI) and diethylene glycol (DEG) which are toxic and can lead to cancer. These chemicals can cause various other medical complications including organ injury and respiratory tract inflammation.
What Types of Injuries are People Incurring?
Some of the common types of injuries caused by Philips’ recalled devices include asthma, serious ear, nose, and throat inflammation, injury to the nodules, organ injury including kidney failure, respiratory failure, and rapidly progressing cancer like lymphoma.
How Can People Determine if They Can File or Participate in a Philips Lawsuit?
Unlike other mass tort lawsuits, a broad range of injuries can occur due to the use of defective Philips machinery. Any person who has been harmed after using a defective Philips BiPAP device, CPAP device, or ventilator and is interested in pursuing litigation should speak with a compassionate personal injury attorney and be ready to provide basic details including the medical professionals they have seen, any diagnosis that was made, and what medications they take.
After the information has been received by an attorney, a lawyer will assess whether they will participate in an investigation and email or mail a contract to potential clients to review and then sign. In personal injury lawsuits involving defective medical equipment, contracts often provide that lawyers will pay for all of the legal costs associated with litigation. Only if financial compensation is awarded to the client will lawyers receive some percentage of the recovery.
What Factors Go Into Assessing the Amount of Potential Compensation?
Various factors are involved in assessing the value of a case including the probability that the plaintiff will be successful, the amount of evidence detailing the company’s liability, the duration for which the equipment was used, and other factors including the victim’s age, employment status, and any health comorbidities. Any potential settlement would be required to balance various considerations, often by assigning base values and then using a complex system to assign either enhancement or reductions.
What is the Status of Litigation Associated With the Philips Recall?
Litigation over the defective Philips equipment was consolidated into multi-district litigation in the Western District of Pennsylvania before the Honorable Judge Conti. Already, several dozen class lawsuits, as well as personal injury claims, have been initiated against Philips. Due to the widespread size of the recall, approximately 3 to 4 million devices are involved, and it is anticipated that the number of people involved in the lawsuit will eventually grow to tens of thousands.
If You Have Been Impacted by the Recall, Should You Hold Onto Your Old Device?
Attorney Richard Jaffe advises those who have been impacted by the Philips recall to hold onto defective devices. In defective medical device lawsuits, devices are often vital evidence. Any person who has a recalled Philips device and is debating litigation should avoid throwing away or giving up the device unless they must do so. People should also take cell phone pictures of the impacted devices, which includes a close-up of serial numbers. In addition to keeping the device, people should also hold onto associated documentation like manuals and receipts (if applicable) of the equipment’s purchase.
What Important Advice Should People Know About Filing a Philips CPAP Lawsuit?
If you have been impacted by the Philips recall, attorney Jaffe advises you to prepare for the matter to take some time to fully resolve. Attorney Jaffe also advises those impacted by the recall to appreciate that nothing is guaranteed, even with FDA recalls and even when companies have admitted their devices are defective and harmed people. The Philips company has also stated that it will fight any litigation aggressively and has been preparing for this fight for quite some time. After all, the company released its replacement CPAP device, the DreamStation 2, shortly after announcing the original DreamStation’s recall. The DreamStation 2 includes new sound reduction foam that does not appear to release hazardous particles.
Contact a Defective Product Attorney
If you or a loved one has been injured by a defective product, you should not hesitate to speak with an experienced attorney. Contact the Law Office of Cohen and Jaffe LLP today to schedule a free case evaluation today!
For a free legal consultation, call 516-358-6900