CPAP Illness and Injury Lawsuit Attorneys

If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (561) 293-2600 for legal advice and representation.

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Osborne & Francis

CPAP machines are supposed to help you sleep better, not cause further, potentially life-threatening issues. We understand the stress that you’re going through, but we’re here to help. If you’re struggling with lung problems or cancer after using a CPAP machine, you may be entitled to compensation for your damages. 

Contact Osborne & Francis online at our Boca Raton or Orlando office or call us at 561-293-2600 to schedule a free case evaluation. We’re happy to answer any questions you have.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

Why File a CPAP Injury and Illness Claim?

CPAP, or continuous positive air pressure, is a type of therapy that helps individuals with sleep apnea. Philips Respironics recalled millions of their CPAP machines (amongst other different types of medical equipment). Lawsuits are being filed as studies uncover the damage that these machines have inflicted upon their users.

According to the FDA, Philips Respironics was aware that their machines were causing damage, specifically that the foam inside was breaking down and creating a toxic chemical. 

By filing a CPAP injury and illness lawsuit, you’ll be able to recover damages that you’ve incurred as a result of your injury, while also holding Philips accountable for their actions.

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: 

  1. The product was designed and because of the way it was designed, users were at risk
  2. The risk was unreasonable and causes significant harm
  3. 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: 

  • Headaches
  • Dizziness
  • New or worsened asthma 
  • Skin irritations
  • Respiratory tract irritation and/or infection
  • Sinus infections
  • Chest pain
  • Coughing

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
Let Osborne & Francis handle your CPAP lawsuit claim!

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What is My CPAP Claim Worth?

The value of a CPAP claim can differ quite a bit from person to person, so it can be difficult to give an accurate estimation without reviewing your case in detail. However, the factors that affect your case’s value include:

  • Your diagnosis
  • Whether or not you’ll require long-term treatment
  • The effect on your quality of life
  • The cost of your medical treatment in the past and future
  • The amount of work you've had to miss, and will miss in the future
  • If you’ll be able to continue working

What Damages Can I Recover?

If you’ve experienced injury or illness as a result of using a CPAP machine, you may be able to collect a significant settlement award. The value of your settlement is determined by calculating your damages.

There are two different types of damages, economic and non-economic.

Economic damages are losses with a monetary value associated, while non-economic damages are losses that don’t have an associated monetary value. 

Economic Damages

The most common economic damages include:

  • Past and future medical expenses, such as hospital visits, doctor or specialist visits, surgery costs, ambulance rides, specialized therapy, and more
  • Past and future lost wages
  • Loss of earning capacity
  • In-home care or assistance

Non-economic Damages

Some of the more common non-economic damages include:

  • Pain and suffering
  • Diminished quality of life
  • Mental health disorders
  • Loss of consortium
  • Reduced life expectancy 
  • Mental anguish

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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How Can Osborne and Francis Help with a CPAP Lawsuit?

If you’re thinking about filing a lawsuit against Philips or another company for a defective CPAP machine, you shouldn’t go it alone. These companies have some of the best lawyers in the country and are willing to do whatever it takes to win.

But we are experts at handling defective medical devices and defective drug claim. We have the experience and resources to get yout the large settlement you deserve.

Hiring Osborne & Francis will dramatically increase your odds of winning, Plus, you won’t have to worry about the lawsuit process. We’ll be there the whole time to walk you through it, keeping the stress off your shoulders. 

To learn more about the Philips CPAP recall and to find out if you’re eligible to file a claim, contact our Boca Raton or Orlando office online. Or call us at 561-293-2600.

Frequently Asked Questions