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Philips Respironics CPAP and BiPAP Cancer Lawsuit Lawyer

You were going to bed early and getting eight hours of sleep. But you kept waking up exhausted. A doctor diagnosed you with sleep apnea and you were prescribed and bought a Philips Respironics CPAP or BiPAP machine to help you breathe at night.

Your sleep improved, but now you may have cancer, or more than a dozen other serious health conditions, due to the Philips CPAP machine.

It turns out that some Philips CPAP or BiPAP machines leached toxic chemicals into their customers’ bodies. The company you trusted to give you a healthy night’s sleep may have betrayed you by selling a defective product that left you ill.

If you used a Philips CPAP or BiPAP machine, talk to your doctor about replacing it with a new, safe device. Keep your Philips CPAP or BiPAP machine as evidence—do not give it to anyone other than your lawyer. Then call Hansen & Rosasco to see if you should file a product liability lawsuit against Philips to make them pay for your illness and other losses.

About Hansen & Rosasco

Hansen & Rosasco - 9/11 Cancer ClaimHansen & Rosasco has spent 20 years helping injured people recover compensation for the cancers and other debilitating health conditions caused by the September 11 terrorist attacks. During that time, we have represented many clients who have sleep apnea due to their exposure to toxins in lower Manhattan.

We know all about how exposure to toxins can cause cancer and many other health problems. We know how much those conditions cost to treat. And we know how the news of a devastating diagnosis can leave people angry, depressed, and frightened.

So when a big corporation chooses to market a dangerous product that leaves you with a permanent illness that costs thousands of dollars to treat, call Hansen & Rosasco for help. You shouldn’t have to foot the bill for your illness. The company that made you sick should pay for your medical treatments and your pain and suffering.

Hansen & Rosasco can help right the wrong Philips did to you. Contact us today so we can start with your free claim evaluation.

About Sleep Apnea

Medical professionals estimate that obstructive sleep apnea strikes between 2 and 9 percent of American adults, but they also suspect that many cases go undiagnosed. More men than women are diagnosed with this condition that also becomes more common with age.

About Sleep Apnea with CPAP Lawyers Hansen & RosascoChronic snoring is the most common symptom, while other symptoms include:

  • Morning sore throat and dry mouth
  • Frequent need to wake up and urinate
  • Morning headaches
  • Irritability
  • Decreased attention span
  • Difficulty sleeping clearly

Many physicians prescribe continuous positive airway pressure to help prevent these and other related conditions.

CPAP Basics 

Continuous positive airway pressure (CPAP) keeps the airway open while someone sleeps by providing them with a steady stream of air. It is the most commonly prescribed device for treating obstructive sleep apnea disorders. Most CPAP units are relatively small—about the size of a tissue box and weigh approximately two to three pounds. This makes them easy to keep by the bedside or even travel with.

CPAP devices consist of:

  • A motor housed in a base unit
  • A cushioned mask
  • A tube that connects the motor to the mask
  • A headgear frame
  • Elbow pieces that act as joints
  • Adjustable straps that allow you to customize the fit of the device

Using a CPAP unit is as simple as plugging it into the wall. Once on, a fan forces air through a tube connected to a mask worn when the user is sleeping. The mask moves the air gently into the back of the throat. The pressure or force created by the flow and the oxygen itself helps keep the airway open and prevents pauses in breathing during sleep. It’s essential that the mask fits well and creates a tight seal to open your throat and avoid sleep apnea events. A good mask seal prevents air leaks and maintains the proper level of air pressure.

Each CPAP user needs a unique amount of air pressure. Most patients require a CPAP study, which medical professionals administer overnight while they sleep. The results of this study will show the sleep apnea doctor the correct level for that particular patient.

More recently manufactured CPAP units come with a variety of features. Most have a pressure “ramp” setting. This timed setting starts the machine at extremely low air pressure. It slowly but progressively raises the air pressure until it reaches the maximum prescribed level.

Medical professionals often recommend using humidifiers with CPAP units. They generate and mix cool or warm moisture to the air produced by the CPAP unit. Humidifiers reduce side effects and can make it easier and more comfortable for patients to breathe while wearing the mask. More and more CPAP units come with an integrated humidifier.

Advanced technology has made the use of CPAP units even easier as some can:

  • Track hourly usage and produce a detailed data report for the physician
  • Identify and track mask leaks and snoring
  • Download information to a computer or onto a data card

With these advancements, physicians can remotely monitor CPAP treatment progress without requiring patients to come in for an office visit. Some machines allow the treating physician to program changes to your air pressure level remotely.

There’s no doubt that CPAP machines have saved countless lives and are becoming more comfortable and convenient. However, recent findings have made patients, their doctors, and the public more leery about using them as well as BiPAP machines.

Why Are Individuals Filing Philips CPAP Lawsuits?

Individuals are filing Philips CPAP lawsuits due to the potential for the polyester-based polyurethane (PE-PUR) sound abatement foam in recalled Philips CPAP, BiPAP, and ventilator devices to cause cancer and severe respiratory problems.

Personal injury Philips CPAP recall lawsuits seek compensation for injuries and claim Philips manufactured defective devices didn’t come with a warning to consumers about the risk or serious injuries. A handful of class-action CPAP machine lawsuits demand that Philips pay for the cost of replacing CPAP devices.

The Philips CPAP machines recall in June 2021 affected millions of CPAP, BiPAP, and ventilator devices. The company said degraded PE-PUR foam might release black particles and toxic gasses that users may inhale or swallow.

The CPAP device maker announced on September 1, 2021, that it would repair or replace recalled devices. Still, it can take a year to finish the process. In the meantime, people may need to find Philips CPAP alternatives.

Philips CPAP Lawsuits: What You Need to Know

CPAP attorneys like Hansen & Rosasco are assisting victims and their families in filing Philips CPAP lawsuits because the polyester-based polyurethane (PE-PUR) sound and vibration abatement foam in recalled Philips CPAP, BiPAP, and ventilator devices may result in cancer and severe respiratory issues.

Product liability lawsuits seek compensation for injuries because Philips manufactured defective devices without warning the public about the risk of serious injuries. In these cases, Philips can be found negligent for not issuing a recall sooner or giving their consumers an adequate warning about the health risks involved in using one of their machines. In addition, some class-action lawsuits seek to have Philips pay for the cost of replacing the faulty CPAP devices.

Some CPAP Units Linked to Cancer

In June 2021, Philips voluntarily recalled some of its breathing devices and ventilators. The company—one of the largest manufacturers of sleep apnea machines and ventilators—admits that their recall is due to foam on the units that might degrade, become toxic, and possibly cause cancer or other serious respiratory problems. Millions of these machines have made it to the market and into the homes of unsuspecting consumers.

[T]hese potential health risks could result in a wide range of potential patient impact, from transient potential injuries, symptoms, and complications, as well as a possibly serious injury which can be life-threatening or cause permanent impairment,” according to a company statement.

Philips became aware in April 2021 that the vibration and noise-abatement foam in these devices can sometimes degrade into particles and emit dangerous gasses. The particles then can end up in the airway portion of the devices. Inhaling, ingesting, or absorbing these particles and gasses can increase the risk of lung cancer and other injuries.

The company claims they are taking steps to remedy the dangers associated with its various CPAP devices. However, it might be too late for many users of these defective CPAP machines. If you or someone you love received a lung cancer diagnosis after using a CPAP machine, filing a lawsuit can be your opportunity to hold Philips accountable for exposing you to unnecessary risks and causing your injuries.

What Kinds of Cancer Can a CPAP Cause?

Recalled sleep and respiration devices contain a patented sound abatement foam known as PE-PUR. This foam contains polyester-based polyurethane, which decomposes over time.

During the decomposition process, the foam emits toxic gases into the system that, along with other small black particles, can result in illness such as acute respiratory distress system (ARDS), and other symptoms, such as:

  • Asthma
  • Headache
  • Nausea and vomiting
  • Hypersensitivity
  • Respiratory problems
  • Cognitive difficulties
  • Chest pressure
  • Cough
  • Sinus infection
  • Airway irritation and inflammation
  • Chest pressure
  • Dizziness
  • Hypersensitivity
  • Inflammatory response
  • Organ damage (including liver, kidney, and others)
  • Skin, eye, and respiratory tract irritation
  • Upper airway irritation
  • Various cancers

Several types of cancers are caused by inhaling gases emitted from polyurethane foam, including:

  • Leukemia
  • Breast cancer
  • Lymphatic cancer
  • Liver cancer
  • Nasal cancer
  • Lung cancer
  • Non-Hodgkin’s lymphoma
  • Brain cancer
  • Multiple myeloma
  • Prostate cancer
  • Bladder cancer
  • Testicular cancer
  • Stomach cancer
  • Hematopoietic cancer
  • Papillary carcinoma
  • Other thyroid cancers

CPAP Cancer Symptoms

CPAP cancer symptoms can vary depending upon the type of cancer. However, there are some general symptoms that CPAP cancers typically share.

These include:

  • Fatigue or extreme tiredness that doesn’t improve with rest
  • Weight gain or loss of 10 pounds or more with no explanation
  • Eating issues—for instance, lack of appetite, difficulty swallowing, stomach pain, or nausea and vomiting.
  • Swelling, thickening, or lumps anywhere in the body
  • Pain, especially new or with no known reason, that doesn’t resolve or gets worse.
  • Skin changes—for example, a lump that bleeds or turns scaly, a new mole or a change in an older mole, a non-healing sore, or a yellowish color to the skin or eyes known medically as jaundice.
  • Hoarseness or cough that won’t go away
  • Unusual bleeding or bruising with no explanation
  • Change in bowel habits, such as diarrhea or constipation that doesn’t resolve or a change in stool appearance
  • Bladder changes such as pain when urinating, blood in the urine, or needing to urinate more or less frequently
  • Fever or nights sweats
  • Headaches
  • Vision or hearing issues
  • Mouth changes such as sores, bleeding, pain, or numbness

If you currently use or have used a CPAP machine, especially a Philips brand, and experience any of these symptoms, reach out to your doctor right away. While these signs and symptoms may not be indicative of CPAP-related cancer or even of cancer at all, it’s always better to have them checked out.

Who Can File a CPAP Lawsuit?

Anyone who used a recalled Philips CPAP experienced the side effects and symptoms mentioned above, or those who lost a loved one because of CPAP injuries may qualify to file a civil lawsuit.

Injuries included in potential lawsuits include different types of cancer, respiratory conditions, and organ damage using a recalled Philips CPAP device may have caused. You may file an injury claim if you suffered any of the previously listed injuries after using Philips breathing equipment to help treat your sleep apnea.

Speak with our seasoned CPAP attorneys right away. If you aren’t sure whether you qualify, it’s okay to call us. We can help you determine your eligibility for free.

When you meet with our CPAP lawyers about your potential Philips CPAP injury case, they will ask you several questions about your experience with your CPAP machine as well as the symptoms you may have suffered. It helps to gather medical records and bills, receipts, and any other related documents so you can provide detailed answers to their questions. The attorney you meet with will likely ask the following or similar questions:

Which Philips CPAP machine(s) did you use?

You need to know the brand and model of your CPAP unit. Hansen & Rosasco can help you determine if yours was a part of the recall if you don’t already know.

Did you keep your recalled CPAP machine?

If possible, keep your recalled Philips machine. It can be valuable evidence in your potential case. If the supplier is asking you to return the device or your doctor is requesting that you do, your CPAP attorney can assist you in keeping it.

What serious injuries are you experiencing that might relate to your CPAP unit?

Your lawyer will need to know about any serious Philips CPAP side effects for which you have seen your doctor or the diagnoses they gave you. Be especially thorough in telling your CPAP attorney about any severe breathing problems, organ damage, or cancer. Your medical records can help you answer these questions.

What CPAP-related symptoms did you suffer?

Tell your lawyer if you experienced any signs or symptoms related to inhaling particles of toxic gas from your CPAP unit’s sound abatement foam.

Remember this can include:

  • Breathing problems
  • Headaches
  • Dizziness
  • Other medical problems

Why do you want to file a CPAP lawsuit?

Now is your chance to provide your lawyer with a detailed description of the harm and damages your CPAP machine caused you or a family member. You can discuss the types of damages you seek and your goals in filing a claim. CPAP damages often include medical expenses, lost wages, pain and suffering, and holding the liable parties at Philips accountable for manufacturing a defective and harmful piece of equipment.

Protecting Your Rights After a CPAP Cancer Diagnosis

Suppose you or a loved one receives the devastating news that there is a cancer diagnosis. Worse yet, you learn that the cancer is likely the result of using a CPAP unit. You have rights under state and federal laws. The best way to learn more about these rights and protect them is to meet with an experienced CPAP cancer attorney.

If a recalled Philips CPAP has injured you or someone you love, you have a right to file a personal injury claim for compensation. At Hansen & Rosasco, LLP, our lawyers represent those filing Philips CPAP lawsuit claims. We will investigate your claim to see if you qualify. The best part is that consults are free, and you owe nothing upfront. However, it’s crucial to note that time is limited to file, so you will need to reach out for legal help as soon as possible.

Permanent injuries may arise all because of a faulty Philips BiPAP, CPAP, or ventilator. By pursuing an injury claim, you can receive compensation to pay for past and future medical bills as well as your pain and suffering. A legal claim also holds Philips accountable for putting you or your family member at risk.

Our CPAP Lawyers Can Help You

When you work with our legal team at Hansen and Rosasco, LLP, we will help you with your CPAP claim in the following ways:

Investigating Your Case

Even though the Philips recall started in June 2021, the defective devices have been available on the market since 2009. We can investigate your history with the defective medical device you use, then talk to medical experts to find out if your health condition or injuries relates to your CPAP machine.

Gathering Evidence

Throughout our investigation, we will collect paperwork, documents, pictures, videos, witness testimony, and other relevant information that may help support critical points in your case. We may request access to your medical records, use expert witnesses, and create a profile that showcases how the Philips CPAP product reduced your quality of life.

Handling Communications

The Philips CPAP machine recall is triggering mass tort actions. As such, multiple parties might contact you to settle your case outside of court. These calls can be from insurance adjusters or even attorneys representing the manufacturer. Our CPAP attorneys want to protect your claim. One of the best ways to do this is to let one of our lawyers handle these attempts at communication with you.

Filling out Legal Paperwork

Legal paperwork is notoriously burdensome. When you hire an experienced lawyer from our team, you won’t have to take care of it yourself. We know how to handle CPAP claim paperwork and how to prepare your CPAP injury case for court.

Representing You Throughout Your Case

Depending on how your case progresses, one of our skilled personal injury attorneys can negotiate an out-of-court settlement on your behalf, either through the claims process or mediation. However, suppose Philips or another party’s legal counsel resists reasonable negotiation attempts from us. In that case, we have the resources and experience necessary to file your Philips CPAP injury lawsuit and represent you in the litigation phase of your case.

Troy Rosasco

Call Us Today for Your Free Case Evaluation With Our CPAP Lawyers

Since the Philips CPAP machines recall, hundreds of victims and their families have begun their pursuit of justice after suffering devastating injuries and damages. You may be eligible to join them in a CPAP cancer lawsuit and receive a sleep device settlement.

Call Hansen & Rosasco, LLP today to find out if you are eligible to file a Philips CPAP recall lawsuit at (855) 353-4907.

We are available 24/7, and you can also reach out to us online.

 

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