CPAP machines are widely regarded as the most effective way to treat sleep apnea, with experts referring to it as the gold-standard treatment. Although sleeping while wearing a breathing mask can be a challenge, there’s no denying that CPAP machines work.

This is partly why an estimated eight million people in the U.S. used continuous positive airway pressure (CPAP) devices in 2018. As long as the patient wears them correctly and regularly, it can reliably treat even severe sleep apnea and offer 100% correction. 

However, that outcome does not occur if the CPAP machine does not work properly. This is the case with certain models of CPAP devices manufactured by Philips Respironics. In 2021, the company issued a voluntary recall for millions of CPAP machines and two other types of respiratory devices. 

The recalls were issued due to the potential risks of patients breathing in or swallowing the polyester-based polyurethane (PE-PUR) foam used to reduce the devices’ sound.

Individuals who used Philips Respironics’ recalled CPAP devices have a few options going forward. If you were fortunate not to experience any health issues, you may simply request for a device replacement or switch to an alternative one yourself. You may also be eligible to join an existing class action suit against Philips if you incurred any out-of-pocket expenses related to obtaining or replacing your defective CPAP machine.

However, if you suffered an injury due to the CPAP recall, you may be eligible to file a lawsuit against the company. In either case, it’s best to contact an experienced lawyer for expert legal assistance.

What To Do If You Are Affected by the CPAP Device Recall

There is currently an active lawsuit against Philips Respironics due to their CPAP device recall. Individuals who sustained injuries or developed adverse health conditions — including respiratory and lung injuries — may be entitled to compensation to cover their medical expenses, lost wages, and mental suffering.

To this day, many of those who suffered injuries due to the Philips CPAP device recall may still file lawsuits against the company. If you or someone you know has been affected by the devices, here are some steps you should take.

Double Check Your Device Model

Take note that Philips did not recall all their CPAP devices. Only certain models were affected by the faulty PE-PUR foam. Aside from the CPAP devices, the company also recalled some bilevel positive airway pressure (BiPAP) and mechanical ventilator models.

Prior to filing any lawsuit or joining an existing class action suit, it is best to ensure that the device you used is among those that were affected and recalled. If your device was not part of the CPAP recall, you would not be eligible to file a claim against Philips.

The company issued a list of all devices that they recalled. There is also a full list available on the Food and Drugs Administration (FDA) website. 

Below are the some of the CPAP devices affected by the recall:

  • System One 50 series
  • System One 60 series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP, Auto CPAP
  • Dorma 400, 500 CPAP, Auto CPAP

All device serial numbers of these CPAP machines are included in the recall. 

Register Your CPAP Device

After ensuring that your device was indeed part of the list of recalled models, you can start the remediation process by registering your device. This can be done via the registration portal on the Philips official recall website.

To register the device, you will need its serial number. This is typically located on the underside of the device and preceded by SN or S/N on the label. The registration process also doubles as a final check on whether your machine is part of the recall. 

You may also register via phone by calling (877) 907-7508.

Once you have registered your recalled CPAP device, you will officially be part of the list of clients to be given replacement machines or repaired devices. You can check the status of your replacement machine using the company’s U.S. patient portal. Make sure to note down the confirmation number that will be provided. Please note that you are not required to return your defective CPAP machine to receive a replacement machine. It is important to hold onto your defective device to use as potential evidence for any potential lawsuit.

Contact Your Physician or Health Care Provider

It is best to consult your doctor regarding the next steps you should take for your sleep apnea treatment. Make sure you do this before continuing or suddenly stopping your use of the device.

Due to the severity of the health risks the recalled devices pose, they are likely to advise you to stop using the faulty machines right away. On the other hand, some doctors may decide it is safe to continue using the recalled device for the time being. 

Despite the potential adverse health effects, they may determine that the consequences of not using a CPAP device could be far worse. If so, the FDA advises against using an additional filter with your CPAP machine or removing the PE-PUR foam on your own as this may further damage the device or change how it works.

If you are unable to wait for Philips’ replacement device, it may be better to use another CPAP device — either one that is not among those recalled or one made by another company.

Get Priority Device Replacement

If you need a new CPAP device immediately, you may sign up for prioritized replacement. You simply need to go back to the Philips patient portal and update your existing registration with the requested additional information. If not, all replacement devices will be sent based on when you registered the affected device.

Consult an Experienced Medical Device Attorney

Last, but not the least, make sure to get in touch with a lawyer that’s experienced in handling CPAP and other medical device cases. An expert legal team can guide you on how to file a civil suit or join a class action suit against the company. Since you were exposed to potential health risks — some of which may be severe or count as a critical illness — you may be entitled to substantial financial compensation.

Compensation for CPAP Recall and Associated Injuries

Although each case is different, the damages you can file for compensation are generally the same. Some of the damages you can claim for are economic damages — or verified monetary losses you sustained — and non-economic damages. These may include the following:

  • Medical bills
  • Lost wages
  • Property damages
  • Pain and suffering
  • Mental anguish
  • Wrongful death

In some cases, you may also file for punitive damages. This requires the court to prove that the company was negligent with their product and had known about the potential health risks prior to selling it or issuing the recall.

The compensation can include legal fees, too. If you work with an attorney on a contingency-fee-basis, the attorney fees will only be taken from the verdict or settlement compensation payout upon getting a favorable suit outcome.

How GoldenbergLaw Can Assist You on Your Next Steps

If you or someone you love has suffered due to the Philips CPAP recall, you can reach out to GoldenbergLaw for quality and reliable legal assistance. Our team is well-versed in dealing with product liability and personal injury cases. 

We understand the complexities surrounding CPAP recalls and medical device suits as well as the impact such cases can have on you and other affected parties. We act as your advocates and go the extra mile to ensure you receive the justice and peace of mind you deserve.

Contact us online today or call us at (800) 903-1643 for a free consultation.