CPAP Illness and Injury Lawsuit Attorneys

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 & Pettis 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.

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

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

‍