badge
Justia Lawyer Rating
badge
badge
badge
badge
badge

Consumer’s Step-by-Step Guide to the Philips CPAP Lawsuits

You have likely seen commercials and heard the buzz talking about the Philips CPAP Lawsuits. What are these lawsuits about? How do I know if I should take action? Our own, Jim Higgins, spoke with Meryl in a Talk of the Town Extra! report:

Meryl: I'm Meryl rose. CPAP equipment maker Philips is facing a raft of lawsuits following the announcement last month that it was recalling about three and a half million machines used by obstructive sleep apnea patients in the U.S. Attorney Jim Higgins with The Higgins Firm is here now to tell us more about this recall. This is pretty disturbing isn't it?

Jim Higgins: It really is troubling. You know, if you don't have sleep apnea or use a CPAP you know somebody that does. I mean it is just so common now and so what has happened is this CPAP machine recall with Philip’s, one of the biggest manufacturers, is there is a foam a polyurethane foam in certain machines and what they found is that this particular phone off gasses, releases some toxic fumes or even oftentimes there may be some black debris that people might have noticed and as the machine is working they are inhaling these chemicals or particles. As such, we have been taking cases and look at them right now where we have people that have lung cancer, pulmonary issues, heart issues and I mean it is really scary for our clients.

Meryl Rose: What should someone do if they've been using these machines?

Jim Higgins: Well first make sure just your machine was recalled. Just because you have a Philips machine it may not be one that recalled so you can go to our website or you can go to the FDA and see if your machine is one that was recalled. If it is stop using it and get you a machine that uses a different foam that is not dangerous. They can get a new one because of this recall. Also, talk to your doctor. If you have had a diagnosis of cancer or any type of pulmonary issues you know you really should call our office and discuss it t with us.

Meryl Rose: Is there a class action lawsuit going on?

Jim Higgins: There is a class action lawsuit but we are handling single people cases. There is a big difference depending on the damages the user may have suffered but again we don't charge anything unless we win. It is all a contingency basis. So call us and we are happy to discuss your options with us Meryl Rose: All right, Jim Higgins thanks so much for being here today if you'd like to find out more you can visit thehigginsfirm.com or you can call the number you see on the screen.


Someone I Know and Love May Have Used One of These Machines. What Should I Do Now?

If you or a loved one has used a CPAP, BiPAP, or Ventilator machine manufactured by Philips, it is important to ask these questions:

  1. Has my make and model been recalled?
  2. Did use result in injury or illness?
  3. What should I do if the answer to the above is yes?
1. Which Philips CPAP, BiPAP, and Ventilator Machines Were Recalled?
Device ClassDevice TypeDevice Model
CPAP or BiPAPNoncontinuous Ventilator
  • Dorma 400
  • Dorma 500
  • DreamStation
  • DreamStation Go
  • REMstar SE Auto
  • SystemOne (Q-Series)
Continuous Ventilator, Non-life Supporting
  • C-Series ASV
  • C-Series S/T and AVAPS
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • OmniLab Advanced+
  • SystemOne ASV4
Continuous Ventilator, Minimum Ventilatory Support, Facility Use
  • E30 (Emergency Use Authorization - more on this here)
VentilatorContinuous Ventilator
  • Garbin Plus, Aeris, LifeVent
  • Trilogy 100
  • Trilogy 200
Continuous Ventilator, Non-life Supporting
  • A-Series BiPAP A30
  • A-Series BiPAP A40
Continuous Ventilator, Minimum Ventilatory Support, Facility Use
  • A-Series BiPAP Hybrid A30 (marketed outside of the United States)
  • A-Series BiPAP V30 Auto

Consult the table above or take a look at the FDA’s list here for an up-to-date list of recalled machines.

If you have any questions about whether or not your device was recalled, our team is happy to help. Contact us for assistance!

2. Did Use Result in Injury or Illness?

There are a number of injuries and illnesses that can result from using the recalled Philips machines above. It is important to note that the list below, while extensive, is not the full list.

  • Acute inhalation injury
  • Acute respiratory distress system (ARDS)
  • Asthma
  • Autoimmune disorders
  • Bladder cancer
  • Brain cancer
  • Breast cancer
  • Cancer (any type)
  • Chest pressure
  • Chronic asthma
  • Chronic bronchitis
  • COPD
  • Emphysema
  • Esophageal cancer
  • Headaches
  • Heart attack or failure
  • Hematopoietic cancer
  • Hypersensitivity
  • Inflammation of the ears, nose, or throat
  • Inflammation and fluid build-up in the lungs
  • Interstitial lung disease
  • Kidney cancer
  • Kidney disease / Renal disease
  • Leukemia
  • Liver cancer or disease
  • Lung cancer or damage
  • Lymphoma (including Non-Hodgkins and other lymphatic cancers)
  • Multiple myeloma
  • Nasal cancer
  • Nausea
  • Organ damage
  • Papillary carcinoma
  • Persistent cough
  • Pleural effusion
  • Pneumonia
  • Pneumoconiosis
  • Prostate cancer
  • Pulmonary fibrosis
  • Reactive airway disease (RAD)
  • Rectal cancer
  • Respiratory failure
  • Respiratory irritation
  • Sarcoidosis
  • Sinus infection
  • Skin irritation
  • Sore throat
  • Stomach cancer
  • Stroke
  • Testicular cancer
  • Thyroid cancer
  • Upper airway irritation
  • Vomiting

Many other injuries and conditions are possible from using recalled Philips Respiratory Care devices. If you or a loved one has experienced these or other symptoms since starting the use of a recalled device, contact our team right away.

3. What Should I Do if the Answer to the Above Is Yes?

First, it is important to contact your doctor right away and consult with them about switching machines as soon as possible. Then, contact our team for help taking action. While there is a class action lawsuit, our firm is handing individual cases. This means you will have our attention, care, and expertise on your side.

You’re not alone. We are here to help! You will not pay a dime unless your case is won. With a 98% success rate and millions recovered, our team has your back. Contact us today for a free consultation.

Helpful Links

Philips Respironics Sleep and Respiratory Care Devices Recall Notification - Philips USA

Certain Philips Respironics Ventilators, BiPAP, and CPAP Machines Recalled Due to Potential Health Risks: FDA Safety Communication - FDA.gov

What is a Medical Device Recall? - FDA.gov

Philips Respironics CPAP, BiPAP, and Ventilator Recall: Frequently Asked Questions - FDA.gov

What Our Clients Say
★★★★★
When my mother was neglected in a nursing home I was referred to The Higgins Firm for help. They did a great job representing my family and obtained a significant settlement. Hopefully, this will keep someone else's parent from being mistreated in the future. Angie S.
★★★★★
I have a large collection practice and don't handle personal injury cases. Instead of simply declining a case, I referred it to The Higgins Firm. They handled everything. My client got a large recovery and I got a large co-counsel fee. The client and I were both very happy. Attorney Bo Melton
★★★★★
The best injury lawyers in Nashville. They represented my son in a car accident case and did an awesome job. James D.