Defective BiPAP, CPAP & Mechanical Ventilator Litigation

The Food and Drug Administration (FDA) recently announced that Royal Philips (Philips) issued a voluntary recall notification for certain Philips bi-level positive airway pressure (BiPAP), continuous positive airway pressure (CPAP), and mechanical ventilator devices. The recall is related to malfunctioning of the polyester-based polyurethane sound reduction component, which may present carcinogenic health risks to users. These devices have been linked to an increased risk of inhaling particles and being exposed to harmful gases, which could result in kidney and/or liver injury, as well as significant respiratory problems.

If you or someone you love was diagnosed with cancer, liver or kidney disease, or certain respiratory illnesses following use of a Philips BiPAP machine, CPAP machine, or mechanical ventilator, reach out to Levy Konigsberg. Our experienced and aggressive attorneys have achieved national recognition for their civil litigation practice, as well as for securing some of the biggest, record-setting settlements and verdicts in America. We are not afraid to go up against major manufacturers, corporations, and entities in our pursuit of justice on behalf of injured individuals and affected families.

Find out how our CPAP and ventilator lawsuit lawyers can help you with your claim; call (800) 315-3806 or contact us online for a free consultation.

What Are BiPAP, CPAP & Mechanical Ventilator Devices?

BiPAP, CPAP, and mechanical ventilators are primarily used to aid sleep apnea symptoms and improve the quality of life for those living with this condition. Sleep apnea is a common condition that results when the upper airway is obstructed during sleep. According to the Centers for Disease Control and Prevention (CDC), anywhere from 38 to 68 percent of adults over 60 years old suffer from sleep apnea.

Sleep therapy machines—including BiPAP devices, CPAP machines, and mechanical ventilators—are designed to provide a constant stream of airway pressure to a patient’s throat during sleep. The device is used to treat pauses in breathing for individuals who have difficulty breathing as a result of sleep apnea. Philips’ various sleep therapy machines, including the recalled devices, provide different levels of air pressure to sleep apnea patients.

What Is Happening with Philips BiPAP, CPAP & Mechanical Ventilator Devices?

The FDA alerted consumers that Philips has recalled several of its sleep apnea machines after reports of degradation of the foam component in its devices. The foam may deteriorate into particles that are ingested by the user or that release chemical emissions. Exposure to these potentially toxic emissions may increase the risk of cancer.

While no reports of deaths have been associated with the recalled Philips devices, consumers have reported becoming ill from black debris that becomes lodged in the air path tube. In addition, exposure to the foam may pose various health risks, such as headaches, inflammation, and other harmful and potentially toxic side effects.

The recall affects approximately three to four million Philips devices with over half of the machines sold domestically. Nearly 80% of the affected machines are CPAP machines. Consumers who use one of the affected products are advised to discontinue use and consult their physicians for alternative treatment regimens. Philips reports that it is working to find a replacement for the foam component.

BiPAP, CPAP & Mechanical Ventilator Device Side Effects & Complications

Certain Philips BiPAP machines, CPAP machines, and mechanical ventilators have been linked with a variety of health risks and complications.

Some of these side effects and complications include an increased risk of:

  • Headaches
  • Irritation
  • Inflammation
  • Sudden respiratory distress and failure
  • Kidney damage/failure/disease
  • Liver damage/failure/disease
  • Heart failure
  • Heart attack
  • Stroke
  • Leukemia
  • Non-Hodgkin’s lymphoma
  • Multiple myeloma
  • Breast cancer
  • Lymphatic cancer
  • Nasal cancer
  • Brain cancer
  • Prostate cancer
  • Bladder cancer
  • Testicular cancer
  • Stomach cancer
  • Hematopoietic cancer
  • Rectal cancer
  • Papillary carcinoma
  • Thyroid cancer

If you or someone you love was diagnosed with any of these or a related health condition after using a Philips BiPAP, CPAP, or mechanical ventilator device, contact Levy Konigsberg. Since 1985, our product liability lawyers have successfully represented victims of all types of defective consumer products, including medical devices such as BiPAP machines, CPAP machines, and mechanical ventilators. We have extensive experience in this complex area of law and, to date, have secured over $3 Billion in compensation for our clients.

Toxic Gases Released by CPAP, BiPAP & Mechanical Ventilator Devices

BiPAP, CPAP, and mechanical ventilator devices contain polyester-based polyurethane foam that is used to dampen noise. The foam can disintegrate into particles that are then inhaled by the user. These particles may also release certain gasses which have been found to be harmful to humans.

The devices have been found to expose users to a variety of toxic chemicals, including:

  • Dimethyl diazine, also known as Azomethane, (CH3N)2, 1.2-Dimethyldiazene, Dimethyldiazene
  • Phenol, 2,6-bis (1,1- dimethylethyl), 4-1(1-methylpropyl), also known as carbolic acid

Dimethyl diazine is linked to damage of the kidneys and liver, including organ failure, and cancers of the kidney and liver. The kidneys and liver are the primary mechanism for eliminating dimethyl diazine. Phenol is known to cause chemical burns on the skin (epithelia cells) if they are left untreated. Epithelia cells can be found in the human respiratory system, where the affected chemicals come into contact with the body. Users of the recalled devices may experience respiratory distress that leads to heart attack or sudden significant respiratory failure.

Models Recalled by Philips

The recall does not affect all CPAP device models made by Philips. The affected devices are CPAP and BiPAP devices manufactured before April 26, 2021 (all serial numbers) and mechanical ventilators manufactured before April 26, 2021 (all serial numbers).

The models in these categories are:

  • Continuous Ventilator, Minimum Ventilatory Support E30
  • Continuous Ventilator, Non-life Supporting:
    • DreamStation ASV
    • DreamStation ST, AVAPS
    • System One ASV4
    • C Series ASV, S/T, AVAPS
    • OmniLab Advanced Plus
  • Non-Continuous Ventilator
    • SystemOne (Q Series)
    • DreamStation (CPAP, Auto CPAP, BiPAP)
    • DreamStation GO (CPAP, APAP)
    • Dorma 400, 500 (CPAP)
    • REMStar SE Auto (CPAP)
  • Mechanical Ventilators, Continuous Ventilator
    • Trilogy 100
    • Trilogy 200
    • Garbin Plus, Aeris, LifeVent
  • Mechanical Ventilator, Continuous Ventilator, Minimum Support (Facility Use)
    • A-Series BiPAP Hybrid A30 (not marketed in U.S.)
    • A-Series BiPAP V30 Auto
  • Mechanical Ventilator, Continuous Ventilator (Non-Life Supporting)
    • A-Series BiPAP A40 (not marketed in U.S.)
    • A-Series BiPAP A30 (not marketed in U.S.)

For more information, click here or contact our BiPAP, CPAP, and mechanical ventilator lawsuit attorneys at Levy Konigsberg for a free consultation.

Call Our Defective BiPAP, CPAP & Mechanical Ventilator Device Lawyers Today

If you believe that you or your loved one was negatively affected by a Philips BiPAP, CPAP, or mechanical ventilator device, reach out to Levy Konigsberg today. We are currently accepting BiPAP, CPAP, and mechanical ventilator device cases in all 50 states.

For nearly 40 years, Levy Konigsberg has been one of the nation’s most trusted names in civil litigation and product liability. Our attorneys are known for their aggressive and collaborative approach to litigation, as well as their willingness to take on major product manufacturers, medical and pharmaceutical companies, and other powerful entities in the pursuit of justice for their clients. We have recovered more than $3 Billion in compensation, including some of the country’s biggest and most groundbreaking settlements and verdicts.

Contact our team today to review whether you or a family member may be entitled to financial compensation. There is absolutely no cost for your initial consultation, and we only collect legal fees when we secure a settlement or verdict on your behalf.

Contact us today at (800) 315-3806 to schedule a free consultation.


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