For the uninitiated, continuous positive airway pressure, also called CPAP, therapy is a treatment for sleep apnea. If you (or a loved one) used one of the recalled Philips CPAP machines and have been diagnosed with lung issues, respiratory disorder, or/and cancer, you may have a lawsuit. Currently, Philips CPAP lawsuits are being filed in many states in the US, and lawyers are fighting for maximum compensation. Philips had to recall millions of its CPAP, BiLevel PAP devices and mechanical ventilators on June 14, 2021. In this post, we are sharing all you must know about these lawsuits.
Problems with Philips CPAP devices
Philips CPAP devices use a polyester-based polyurethane (PE-PUR) foam component, for minimizing the sound and vibration of devices. Studies have found that the PE-PUR foam can degrade into small particles and may release other chemicals, which can be inhaled/ingested by the user. While Philips has recalled these devices, lawsuits are being filed by plaintiffs in huge numbers. These lawsuits claim that the company produced a product with defective design and failed to warn the public about the risks and side effects. Lawsuits also allege gross negligence and deceptive trade practices.
Current status of Philips CPAP lawsuits
All Philips CPAP lawsuits are in an early stage of litigation right now. Law firms and personal injury attorneys expect more plaintiffs to file these lawsuits. These lawsuits will eventually join a federal multi-district litigation. MDLs help in streamlining litigation and expediting the process of settlement. In case of multi-district litigations, judge hears a few bellwether cases, which sets the tone for negotiation. Since these Philips CPAP lawsuits are not a part of class action, all plaintiffs will get separate settlements.
Finding a good lawyer
Do you have a valid Philips CPAP lawsuit? Every case is unique, and only an experienced attorney can offer an overview of the case after careful assessment. The good news is personal injury law firms are accepting Philips CPAP lawsuits on a contingency fee, and therefore, there is no upfront payment. If the lawyer wins a settlement for you, they get a fee ranging from 20% to 40% of the final compensation. To find lawyers for your case, check online. Portals like Nolo and Avvo are handy for finding lawyers, while most big law firms have individual websites.
There is limited to pursue Philips CPAP lawsuits after being diagnosed. Check with an attorney as soon as possible.