The Hidden Danger in Your Bedroom
You had been consistently doing everything by the book for a number of years. You have been diagnosed as having sleep apnea, a potentially serious disorder which causes the individual to stop breathing for short periods of time while they are asleep. After being advised by your physician you have begun using a CPAP or BiPAP machine to keep your airways open while you are sleeping. You had been looking after your water purifier carefully; changing its filters and cleaning it on a regular basis. This maintenance was important because you needed to stay safe from waterborne diseases.
But what if the very device meant to help you breathe was actually harming you?
One of the biggest makers of sleep disorder machines has had to recall millions of products used to treat sleep apnea. The recall is of CPAP and BiPAP machines, plus certain ventilators, which Philips Respironics manufacture. The issue was with the sound dampening foam, a polyurethane-polyester composite (PE-PUR), that was used in the equipment. This foam was decomposing and releasing harmful fumes into the air, which workers were then inhaling.
It was a major flaw. A critical error was made in the design of this product which has the potential for harming a massive number of people globally.
What Went Wrong with These Machines?
The material in question was a noise and vibration dampening foam which was utilised inside Philips’ products to make them quieter and easier to use. One of the critical problems with this particular foam was its degradation over time. This was especially true when it was exposed to heat, moisture or to cleaning products, conditions typical of actual use.
As the foam decomposed it discharged two dangerous chemicals.
Small black specks appeared in users’ humidifier tubs, inhalant masks and water chambers. Some patients awoke to find debris in their mouths, while others noted the presence of dark material in equipment. They were very fine and could be deeply inhaled into the lungs where they could cause severe harm.
Toxic substances emitted as the foam breaks down. Carcinogenic volatile organic compounds present were identified. These include compounds which cause cancer. It was impossible to see these chemicals, or to tell if they had a taste. People could not find out they were inhaling them day and night over months and possibly years.
The Health Problems Emerging
A variety of health problems are being experienced by patients who utilised these faulty Philips medical equipment units.
Among the most frequent symptoms reported are respiratory problems. People are reporting persistent coughing, wheezing and shortness of breath. In addition they are complaining of asthma-like symptoms. Certain users have developed chronic inflammation or respiratory infections which do not resolve even after they have stopped using the nebulizer.
Some users have developed cancer including lung cancer and throat cancer as a result of the possible carcinogenic effects of the breaking down foam. Cancer may take many years to develop, but the occurrence and timing of cancers in CPAP users has triggered alarm.
A number of users reported waking up with symptoms of headaches and dizziness which they associated with sleep apnea or other possible causes.
Despite changing masks or adjusting ventilation settings, irritation to the eyes, throat and nose persisted, these may have been your body’s initial warning signs that something was seriously wrong.
In some cases, the poisonous substances may have entered the bloodstream via the lungs. The consequences could be problems with the heart.
It was extremely unjust that the symptoms were at first ignored or attributed to other health issues by a lot of individuals. In the end, the device in question was one that had been ordered by a doctor and was manufactured by a well-known and trusted medical equipment company. Why would you suspect your CPAP machine was making you sick?
What Philips Knew and When
It appears that Philips may have known about issues with this foam for several years prior to the recall announcement. Despite internal records revealing problems with the foam, customer grievances and quality control data showing the foam was deteriorating, the business continued to produce and distribute millions of units containing the faulty component.
Were Philips aware that their pelvic coil might be dangerous and did they inform their customers about this? Did they prioritize profits over patient safety? Did the company continue selling equipment that they were aware could pose a risk to users?
So far evidence has come to light that is deeply troubling and the following are some of the questions that the lawsuits are currently trying to answer.
Your Legal Rights and Options
If you owned a recalled Philips BiPAP or CPAP machine and have since experienced health problems, financial compensation could be available to you. Companies which manufacture drugs or medical devices are required by law to guarantee the safety of their products. They also have to inform customers of the hazards of their goods which have already been established. Those who fail in this responsibility must be called to account.
Legal action in these cases can seek compensation for:
Any medical bills resulting from the health issues brought on by these defective products. These would be the costs of hospital stays, surgical procedures, doctor visits, medications, and any subsequent therapy costs.
Future medical treatment may require long-term observation in order to detect the onset of serious health problems like cancer.
The possibility of losing income if you are forced to miss work or your health problems affect your ability to work is another consideration.
- Pain and discomfort from the condition itself
- Medication side effects
- Emotional distress such as anxiety or depression
- Loss of income from having to miss work or from health problems affecting your ability to earn a living
Pain and suffering for the physical discomfort, emotional distress, and anxiety of discovering you’ve been exposed to toxic substances
Health issues can lead to a reduced quality of life due to difficulty in performing daily tasks because of permanent breathing or other health problems.
These class action lawsuits provide financial compensation to affected parties beyond this alone, however. The role of regulatory agencies is to ensure that medical device manufacturers take responsibility for producing safe products, and to make sure they follow strict guidelines. By doing this, safety standards across the industry are raised. This ultimately protects the patients who are affected by faulty medical devices.
The affected machines were industrial generators and steam turbines from the company’s German and American plants.
Numerous Philips BiPAP and CPAP products as well as ventilators were impacted by the company’s recent recall. These included many of the products which are the most widely used in the industry. If you have used a Philips Respironics ventilator or a Continuous Positive Airway Pressure (CPAP) or Bi-Level Positive Airway Pressure (BiPAP) machine then it may be one of the products recalled.
You may wish to check your model even if you are not certain whether it has been affected by the outages. Many patients remained unaware of the health risks because Philips did not notify them personally about the equipment recall.
Time Is Limited to Protect Your Rights
Those who have been affected by a malfunctioning Philips CPAP or BiPAP device need to take action as soon as possible. Time limits in which lawsuits must be brought are known as statutes of limitation. Whatever the deadline may be, after it has elapsed, you are unlikely to be able to make a claim for compensation, whatever the seriousness of your injuries.
It becomes increasingly difficult to obtain evidence the longer this situation continues. Loss of access to medical records and registration details for machines could both occur. The sooner you seek the assistance of a lawyer the more effective they can be in protecting your rights and building a strong defence.
Free Case Evaluation – Obtain the Guidance You Need Today
Being depressed doesn’t have to be a lonely experience. Attorneys experienced in mass tort law are willing to give a no cost assessment of your claim without any obligation on your part. Attorneys handling these types of claims work on contingency fees, so clients do not pay for their services unless a settlement is won. These legal consultations are confidential.
An attorney will look over your past medical records and speak with you about your health problems during a consultation. They will help you determine whether you have a legitimate medical malpractice claim. After speaking with an attorney, you’ll receive an explanation of the legal process involved, plus answers to any questions you have and the information necessary for you to make a decision about your case.
You trusted Philips to provide you with a safe medical device. You relied on your CPAP or BiPAP equipment to breathe better and to maintain your good health. If you have been betrayed by someone you trusted, you are entitled to reparation. Call us now to find out about your rights and take the first step in your fight for justice.
