CPAP
Dedicated to Representing Individuals Harmed by Defective CPAP Machines.
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CPAP Injury Litigation Attorneys at Simon Law
At Simon Law, we advocate for individuals who have suffered harm due to defective Continuous Positive Airway Pressure (CPAP) machines. Our team of experienced attorneys understands the complex legal landscape surrounding medical device litigation is committed to securing justice for our clients. We offer comprehensive legal representation, including thorough case evaluations, expert consultations, and aggressive advocacy in court.
Our goal is to hold manufacturers accountable for their negligence and to ensure that our clients receive the compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages. With a proven track record in handling product liability cases, Simon Law is well-equipped to navigate the challenges of CPAP-related claims and provide personalized support throughout the legal process.

About CPAP Injuries
CPAP machines are commonly used to treat sleep apnea, a condition characterized by interrupted breathing during sleep. These devices work by providing a steady flow of air through a mask, keeping the airway open and preventing episodes of apnea. However, in recent years, certain CPAP machines, particularly those manufactured by Philips Respironics, have come under scrutiny due to serious safety concerns.
In June 2021, Philips issued a recall for several models of their CPAP machines, citing potential health risks from the sound abatement foam used in the devices. The foam was found to degrade over time, releasing harmful chemicals and particles that could be inhaled or ingested by users. This degradation has been linked to respiratory issues, lung damage, and even cancer. As a result, numerous lawsuits have been filed against Philips, alleging that the company failed to warn users and healthcare providers about these risks in a timely manner.
What Health Risks are Associated with the Recalled CPAP Machines?
The recalled CPAP devices pose several health risks due to the degradation of the polyester-based polyurethane (PE-PUR) foam used in these machines. When the foam breaks down, it can release harmful particles and gases, which users may inhale. These emissions can cause a range of adverse health effects, including:
- Airway inflammation: Inhaling the degraded foam particles can irritate the airways, potentially leading to inflammation.
- Skin, eye, and respiratory tract irritation: Exposure to the degraded foam can cause irritation in these areas.
- Headaches: Some users may experience headaches as a result of exposure.
- Asthma and respiratory issues: The inhalation of harmful particles may trigger asthma symptoms or exacerbate existing respiratory conditions.
- Potential carcinogenic effects: There are concerns about the toxic and potentially carcinogenic nature of the released chemicals, which may pose a long-term cancer risk.
- Other symptoms: Users may also experince symptoms such as cough, chest pressure, and sinus infections.
What Should I Do If I Have a Recalled CPAP Machine?
If you have a recalled CPAP machine, follow these steps to ensure your safety:
- Stop using the device: Immediately discontinue the use of the recalled CPAP machine, especially if you have noticed any health issues potentially related to the device.
- Consult your healthcare provider: Contact your doctor or healthcare provider to discuss alternative treatments or devices. They can provide guidance on managing your condition without the affected machine.
- Check the recall notice: Verify whether your specific device model is included in the recall. You can do this by checking the official recall list on Philips’ website or contacting them directly.
- Register your device: If your machine is part of the recall, register it with Philips to initiate the process for repair or replacement. Philips has set up a dedicated webpage and hotline for affected users to facilitate this process.
- Follow manufacturer instructions: Adhere to any additional instructions provided by Philips or regulatory authorities regarding the safe return, repair, or replacement of the device.
- Monitor health symptoms: Keep track of any new or worsening symptoms and report them to your healthcare provider. If you experience severe symptoms, seek medical attention immediately.
Taking these steps can help mitigate the risks associated with the recalled CPAP machines and ensure you receive appropriate treatment and support.
Can I File a Lawsuit if I’ve Been Affected by the Recalled CPAP Machines?
Yes, you can file a lawsuit if you have been affected by the recalled CPAP machines. If you experienced health issues or suffered damages due to using a recalled Philips CPAP, you may have grounds for legal action. The basis for these lawsuits often includes:
- Personal injury: If you developed respiratory issues, lung damage, or other health complications linked to the use of the recalled devices, you could pursue compensation for medical expenses, pain and suffering, and other related damages.
- Product liability: Lawsuits may allege that Philips failed to adequately warn consumers and healthcare providers about the potential risks associated with the degredation of the sound abatement foam. This includes claims of defective design, manufacturing defects, and failure to provide proper safety warnings.
- Economic loss: You may seek compensation for economic losses, such as the cost of purchasing a replacement device or other out-of-pocket expenses resulting from the recall.
- Punitive damages: In some cases, if it can be proven that Philips acted with gross negligence or willful misconduct, punitive damages may be sought to punish the company and deter similar behavior in the future.
If you believe you have a claim, it’s essential to consult with an experienced attorney who specializes in product liability and defective medical devices. They can evaluate your case, guide you through the legal process, and help you pursue the compensation you deserve.
What Compensation Can I Seek in a CPAP Lawsuit?
In a lawsuit related to recalled CPAP machines, affected individuals may seek various types of compensation depending on their specific circumstances. The potential compensation may include:
- Medical expenses: This includes costs for past, present, and future medical treatments related to injuries or health issues caused by the defective CPAP machines. This can cover hospital visits, medication, therapy, and any ongoing medical care.
- Lost wages: If your injuries or health complications have resulted in missed work or reduced earning capacity, you may be compensated for lost income. This includes both the wages lost during recovery and potential future earnings if the injuries lead to long-term disability.
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injuries. This non-economic damage aims to address the impact of the injuries on your quality of life.
- Loss of consortium: If the injuries have affected your relationship with your spouse or family, you may be entitled to compensation for loss of companionship, support, and services.
- Punitive damages: In cases where the manufacturer’s conduct was particularly egregious, punitive damages may be awarded. These are intended to punish the defendant and deter similar behavior in the future.
- Other out-of-pocket expenses: Any additional costs incurred due to the defective device, such as travel expenses for medical appointments or purchasing a replacement device, may also be recoverable.
The amount and type of compensation will depend on the specifics of your case, including the severity of your injuries and the evidence presented. Consulting with an experienced attorney can help you understand your rights and the potential compensation available in your situation.
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