justice law

Talk To a Lawyer for Help with Your CPAP Lawsuit

Currently, Philips CPAP lawsuits imply that recalled CPAP, Bipap, and mechanical ventilators are defective. Hence they cause patients to inhale and ingest substandard polyurethane foam particles.

You will need to liaise with a well-established legal firm to help you with your lawsuit. Go for a firm with experience representing Philips CPAP users all over the U.S.

If you are a victim of one of Philips defective ventilators, then talk to a lawyer as soon as possible before the legal period for filing a lawsuit expires. A professional and dedicated team can address your needs.

What is the latest with the CPAP lawsuits?

Lawsuits placed by victims of Philip’s defective equipment against the medical manufacturer are being integrated into an MDL, or multi-district case, in federal court. Similar to class action cases, MDLs rationalize the lawsuit and settlement process. However, contrary to class actions, MNLs allow each plaintiff’s lawsuit to remain distinct.

Currently, victims of CPAP are suing Philips based on product liability and negligence grounds, such as;-

  • Defective design,
  • Manufacturing defect,
  • Failure to warn / lack of disclaimers,
  • Consumer fraud / deceptive trade practices, and

Fraudulent Concealment

A few cases will go to jury trial despite the Philips CPAP MDL being in its initial stages, having just been formed in October 2021. These bellwether trials are going to set the stage for settlement talks with the remaining applicants. The settlement amount to be awarded to these victims is determined by the extent of the court verdict, with their number running in the tens of thousands

How Serious is the CPAP Recall?

Defective Philips equipment was grouped under class 1 by the FDA classification department.

This is the most serious, considering that using the defective equipment may cause serious injury or even death. Equipment supposed to improve patients’ breathing was, on the contrary, contaminating their respiratory systems.

Black remains were reported by some victims. This debris was found in the victim’s breathing tubes and airway circuits. These were the potential indications of foam degradation. Unauthenticated cleaning procedures like Ozone or U.V. light may worsen foam degradation. In reprisal, SoClean has filed a lawsuit against Philips, claiming 200 million dollars for laying the blame on Soclean cleaning processes. Philips insinuated that it was Soclean’s cleaning procedures that caused the defects in its equipment

FDA Inspection Report

The FDA released a report on November 9, 2021. This report made damning revelations discovered by agency representatives involved in the Philips Respironics inspections. This report uncovered serious oversight on the part of Philips, which allowed the flaws to happen. 

Conclusion

In conclusion, CPAP lawsuits allege that defective CPAP, BiPAP, as well as Philips mechanical ventilators, have defects. According to them, the substandard polyurethanes foam particles ingested by patients while asleep were due to these equipment design flaws. However, the CPAP lawyers stepped in to represent the victims of this oversight on the part of Philips. If you are a victim of Philips flawed equipment, you can talk to a lawyer, and all your needs will be addressed in the best way possible.

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