Understanding Product Liability Laws
Manufacturers of medical devices are required to ensure that their products are reasonably safe for users. A medical device that causes illness and injury obviously does not fit this criteria.
Under product liability laws, there are three types of defects that fall under the category of strict liability. Those three types are manufacturing defects, design defects, and failure to warn (also known as marketing defects).
The Phillips CPAP lawsuit involves design defects, as they used the foam to make the machine quieter, and marketing defects, as they failed to warn users of the potential risk of using their machine.
In order to recover damages as a result of these defects, you’ll have to prove that:
- The product was designed and because of the way it was designed, users were at risk
- The risk was unreasonable and causes significant harm
- There are safer designs available that do not present this risk
Philips has admitted that their machines emit toxic substances, and they failed to warn users about the risk involved with using them. Even if this was not also a design defect, they would still be liable.
Symptoms of Exposure to Toxic Chemicals After Using a CPAP Machine
If you’re uncertain as to whether or not you’re suffering from side effects as a result of using your CPAP machine, it’s important to seek medical attention right away.
Common symptoms associated with the exposure to toxic chemicals in the Philips CPAP machine include unexplained:
- New or worsened asthma
- Skin irritations
- Respiratory tract irritation and/or infection
- Sinus infections
- Chest pain
There are also more severe side effects as a result of these carcinogenic chemicals. Illnesses linked to defective CPAP use include:
- Pulmonary fibrosis
- Liver and kidney damage
- Prostate, bladder, brain, breast, kidney, or liver cancer
- Reactive airway disease
- Chemical poisoning
- Acute respiratory distress syndrome
- Respiratory failure