California CPAP Machine Recall Lawyer

Were you or a loved one injured by using a Philips Continuous Positive Airway Pressure (CPAP) machine? In June 2021, home healthcare giant Philips issued a recall of their BiLevel PAP devices; Philips later recalled additional ventilator devices in December 2021. The reason? A foam used for dampening sound and keeping the machine quiet was made with a dangerous material.

Over time, this unstable material would shed tiny microplastics directly into the user’s lungs, raising their risk of a number of different complications. Philips received complaints about “the presence of black debris/particles within the airpath circuit,” as well as, “reports of headache, upper airway irritation, cough, chest pressure and sinus infection.” An FDA investigation found that Philips knew about problems with the foam in its CPAP units as early as 2015. Philips has been subpoenaed by the Department of Justice over the CPAP units, signaling a potential criminal investigation.

These are not minor health problems, they are not your fault, and treating them could cost you a lot of money. We are representing CPAP victims nationwide. We will fight for compensation for you. Call us today at 800-718-4658 or text us now.

Since we have six California offices we handle cases throughout California and nationwide.

What This Recall Means for You

Technology isn’t a perfect science. As it evolves, materials that once seemed safe turn out to pose serious health risks. This is why it’s crucial for companies like Philips to thoroughly test their products before they are released to the public. Unfortunately, the shimmer of profits sometimes gets in the way.

Negligent or not, the foam in their BiLevel PAP machine contains carcinogenic compounds that lead to the formation of cancer cells. Philips had a duty to make sure their materials held up over time and with regular use—they didn’t. They need to be held accountable for the physical and financial harm they caused their users. If you need help filing a defective medical device claim, we can help.

Philips CPAP Recall List

Recalled Philips CPAP, BiLevel PAP, and Mechanical Ventilator devices include:

Our attorneys and legal teams are actively investigating and representing victims involving Philips CPAP, BiPAP & APAP recalled devices.

2023 update: Philips has recalled additional ventilator devices after they found that dirt and dust in the air path could reduce patients’ air flow. These devices include:

• Trilogy Evo Universal Ventilator
• Trilogy Evo, Aeris Evo and Garbin Evo
• LifeVent EVO2 and Trilogy Evo O2
• Trilogy Evo O2 EV300

73,000 devices were recalled. The devices were distributed between March 26, 2019 and March 22, 2023.

Can CPAP Machines Cause Cancer?

Recalled Philips CPAP machines may cause cancer because they contain polyurethane foam which can be inhaled or ingested by CPAP users after the foam degrades, and because the foam can off-gas chemicals.

Urethane is “reasonably anticipated to be a human carcinogen,” according to the National Cancer Institute, and is considered a probable human carcinogen by the American Cancer Society.

Toluene diisocyanate (TDI) is a chemical used in the production of polyurethane. “There is evidence of carcinogenicity in experimental animals” associated with TDI, according to the International Agency for Research on Cancer.

Toluenediamine is another chemical used to produce polyurethane. Tumorigenic responses in lab rats and mice “meet the criteria of the Occupational Safety and Health Administration (OSHA) Cancer Policy for classifying a substance as a potential occupational carcinogen.”

Polyurethane can off-gas chemicals known as isocyanates. “Isocyanates include compounds classified as potential human carcinogens and known to cause cancer in animals,” according to the Occupational Safety and Health Administration.

Polyurethane foam can off-gas benzene, which the Department of Health and Human Services has determined to be a human carcinogen. Benzene exposure can cause leukemia.

Polyurethane foam can also off-gas formaldehyde, which has been linked with cancer in both lab animals and humans.

Methylene chloride is another chemical which polyurethane foam can off-gas. It may cause cancer, according to the Centers for Disease Control and Prevention.

Sound-dampening foam in certain CPAP units has been linked to or may cause:

• Leukemia
• Oral cancer
• Tracheal cancer
• Laryngeal cancer
• Esophageal cancer
• Breast cancer
• Lymphatic cancer
• Liver cancer
• Nasal cancer
• Paranasal cancer
• Lung cancer
• Sinus cancer
• Kidney cancer
• Non-Hodgkin’s lymphoma
• Brain cancer
• Throat cancer
• Multiple myeloma
• Prostate cancer
• Bladder cancer
• Tonsil cancer
• Testicular cancer
• Stomach cancer
• Hematopoietic cancer
• Papillary carcinoma
• Thyroid cancer

Sound-dampening foam in certain CPAP units has also been linked to or may cause:

• Kidney failure
• Acute respiratory distress syndrome (ARDS)
• Liver failure
• Hospitalization due to chemical poisoning
• Sudden respiratory failure which can lead to a heart attack
• Chronic obstructive pulmonary disease (COPD)
• Restrictive lung disease
• Pulmonary fibrosis
• Obstructive or chronic asthma
• Inflammatory lung disease
• Obstructive or chronic bronchitis
• Pneumoconiosis
• Pulmonary edema
• Pneumonia
• Chemical pneumonia
• The need for lung, liver or kidney transplants
• Respiratory failure or distress

CPAP Manufacturers’ Duty to Their Customers

The goal of any company is to profitably serve the needs of customers. Sometimes, finding cheaper ways to produce things may seem like a good way to cut costs. It never is. In the case of Philips, that meant using polyurethane foam in their products.

While polyurethane is considered safe by the American Chemistry Council, it has a history of causing problems in consumer products. The chemicals used to make it are extremely toxic and flammable.

To make sure these issues don’t cause a huge problem, manufacturers may use flame retardants and other additives in hopes that the product will be safer. But the trade-off is that the foam is now weaker than before, causing it to break apart and flake off over time.

With the Philips Bi-level CPAP, those pieces of polyurethane ended up in its users’ bodies.

If you or a loved one was diagnosed with cancer, organ failure or any respiratory issues after using a recalled CPAP device, immediately contact our office for a free consultation by calling 800-718-4658. You can also text us through our text icon.

What To Do If You’ve Use A Recalled Philips CPAP Device

If you use a recalled Philips CPAP device, you should discuss an appropriate treatment for your condition with your healthcare provider. This might include:

• Discontinuing use of the device
• Using a similar device that hasn’t been recalled
• Using alternative sleep apnea treatments such as oral appliances or positional therapy
• Starting long term sleep apnea therapy, which can include alcohol avoidance, losing weight, discontinuing smoking, or surgery

You should follow any instructions, cleaning guidelines and replacement guidelines provided by Philips regarding your CPAP machine and accessories. The foam’s breakdown may be worsened by ozone cleaners, and ozone and ultraviolet light products which are used to clean CPAP gear carry with them other potential risks.

You should register your CPAP machine(s) here to keep informed about any updates about new instructions or corrective fixes from Philips.

You should report any problems with a CPAP machine to the FDA.

Finally, contact Nadrich Accident Injury Lawyers at 800-718-4658 if you or a loved one have suffered serious side effects after using a recalled Philips CPAP machine, as you may be entitled to financial compensation.

What Can I Be Compensated For In A Philips CPAP Lawsuit?

You may be eligible to be financially compensated for many kinds of losses in a Philips CPAP lawsuit, including:

• Medical bills: You may be compensated for past medical bills, as well as any future medical treatments or procedures which the use of your recalled Philips CPAP machine may necessitate.
• Physical and mental pain and suffering: Not only may the recalled CPAP machines cause painful conditions such as cancer, but since you don’t expect medical device manufacturers to deceive you about their products’ safety, it can be mentally traumatizing and painful to find out you’ve been injured by the negligence of a medical device manufacturer. You may be financially compensated for physical pain and emotional suffering.
• Lost wages: You may be compensated for income lost because you were in the hospital for your CPAP machine injuries, and you may be compensated for income lost in the future if your CPAP machine injuries cause you to be no longer able to work.
• Punitive damages, when appropriate: The purpose of punitive damages is to punish defendants and deter others from behaving in the same way. Philips appears to have sold defective CPAP machines despite knowing they were defective, so it’s likely a court will award punitive damages if we win your case.
• Any other economic losses caused by your injuries.

Nadrich Accident Injury Lawyers Intake Criteria

You may be eligible for financial compensation if:

• You have used a Phillips Respironics CPAP, APAP, BiPAP device, or a mechanical ventilator
• You have used a qualifying device for at least six months
• You have suffered any of the following injuries: cancer, organ damage, respiratory damage, or anything related to the device which required hospitalization

Call us today for a free consultation if you meet the above criteria.

Why It’s Important to Work with Nadrich Accident Injury Lawyers

Ideally, the EPA or some government bureau would take the reins on this case and hold Philips accountable for the harm caused by their products. Unfortunately, this isn’t likely to happen. If you or a loved one ends up needing hospital care, Philips will not offer to cover it unless they are legally forced to.

When you bring a case against a company, you don’t actually fight them in court—you fight their insurance carrier whose fiduciary duty hinges on keeping clients from paying a penny more than absolutely necessary. These insurers have massive budgets and will stop at nothing to keep you from receiving a settlement. You need Nadrich Accident Injury Lawyers. We are experts.

If you think you have been injured by a recalled CPAP, the next step for you is:

• Keep silent on social media about your injuries, as your posts can be used against you
• Avoid any conversations with an insurance company about your case
• Contact Nadrich Accident Injury Lawyers immediately

We will show you how to obtain medical attention if your injuries are the result of the CPAP machine. Whatever you do, prioritize your health. Don’t let worries about money keep you from getting care for harm caused by Philips. You’re not alone. We will help you.

Remember, we have six offices in California.

Get started on your fight for compensation today by using the texting feature on this page, or calling our office at 800-718-4658.