Illinois injury lawyers initiate litigation for harms caused by CPAP defective devices.

September 20, 2021

CPAP recall.

Individuals who are at risk of physical harm through the use of one of several recently recalled CPAP machines should read the detailed warning issued by the U.S. Food and Drug Administration (FDA), alerting people and their health care providers of specifics surrounding those devices that have been recalled due to potential health risks including:

• inhaling, or swallowing a polyester-based polyurethane (PE-PUR) substance which was used to reduce the sound in certain device models. The sound-abatement foam may break down into tiny particles that can enter the air pathway and become inhaled, or ingested.
• toxic exposures caused by the foam that has the potential to “off-gas” toxic chemicals. “Off-gas” refers to a gas that is produced as a by-product of an industrial process, or given off by some manufactured material.  Off-gases may occur based on a user’s method of cleaning the Philips device.  High heat and high humidity environments also may contribute to foam degradation.

If you, or a loved one are using one of the affected devices listed on the report of recall, talk to your doctor, and make any recommended adjustments to your treatment.  Depending on the harms to your  health, it may also be prudent to consult with a defective device attorney who can explain when legal action is warranted.

Common side effects.

Side effects and symptoms that are common complaints after using a defective CPAP breathing machine may include:

• Headaches,
• Irritation to upper airway,
• Inflammation to the lungs.

PE-PUR foam particulates may reveal dangers through:

• Asthma, and other respiratory complications,
• Skin, eyes, and respiratory tract irritation,
• Liver, or kidney damage.

Off-gassing chemical exposure may cause:

• Nausea and vomiting,
• Coughs,
• Sore throats,
• Sinus infections.

Individuals who have suffered respiratory illnesses, or have been diagnosed with cancer after the use of a recalled CPAP device should contact legal counsel to see if they have a case for any damages, as there may be a direct correlation to a defective CPAP machine.

Defective devices.

Medical device injuries can lead to a manufacturer vigorously defending any negative litigation to maintain company value. Part of that effort is to recall defective devices and repair, or replace the harmful component, or device.  It is important to speak with a lawyer who has experience with product liability laws addressing the three main types of device defects.  Products may result in harm due to design, manufacture, or marketing defects.

• Design. A device could malfunction because it was designed incorrectly, or there were problems at the design stage that were not addressed before the product was manufactured and made available to consumers.
• A device may have been designed with no defects, but during the manufacture process, or assembly of a device, a mistake that causes a malfunction during proper use may be identified, but not corrected.
• Marketing defects usually involve a failure to warm of possible dangers, false claims related to a certain device, or inaccurate warning labels.

Illinois lawsuits for medical device defects can be built individually by experienced attorneys, or as part of a class-action lawsuit, when many individuals have suffered harms by the use of a device.

Seek legal counsel.

Experienced product liability attorneys have cultivated relationships with judges, regional attorneys, court administration and potential case experts supporting effective movement of defective device litigation and its harmful effects on consumers.  A competent lawyer at the Law Office of Marshall P. Whalley can assess the pertinent data surrounding harms from a defective product and give you legal advice to pursue a claim.

Marshall P. Whalley & Associates, PC

51 W 112th Ave
Crown Point IN 46307

219.769.2900 Tel.
855.442.7211 Toll Free
219.769.2995 Fax

Sources:

http://iga.in.gov/legislative/laws/2018/ic/titles/034#34-20-4-1

Philips Recalls Sleep Ventilators, CPAP Apnea Devices (aarp.org)

Philips issues Dreamstation CPAP recall notification | AASM

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

https://www.usa.philips.com/healthcare/e/sleep/communications/src-update

https://www.fda.gov/medical-devices/medical-device-safety