CPAP Plaintiff Attorneys

History of Philips CPAP Machine Lawsuit

In June 2021, Philips announced the voluntary recall of the Philip continuous positive airway pressure (“CPAP”) machine, resulting in millions of devices being recalled. It was identified that the Philip CPAP machine caused serious health risks, including causing many users cancer and other serious health issues.

The Philips CPAP recall was due to the polyester-based polyurethane (PE-PUR) sound abatement foam that was used in the Philips CPAP devices. The PE-PUR foam can degrade into small particles, which customers inhaled or ingested, which released chemicals that caused carcinogenic effects and other serious health issues. 

Not every CPAP machine or even every Philips CPAP machine used the polyester-based polyurethane (PE-PUR) sound abatement foam. Therefore, some Philips CPAP users have no reason to be concerned with the health risks of their CPAP machine. 

Why caused Philips CPAP Machines to be Recalled?

Philips was not forced to recall the above identified CPAP machines, rather Philips issued a voluntary recall over identified concerns with polyester-based polyurethane (PE-PUR) sound abatement foam. The concern was the PE-PUR foam in the CPAP machines may degrade resulting in inhalation or ingestion, which was toxic and could cause cancer. 

Basically, when the polyester-based polyurethane (PE-PUR) sound abatement foam degrades or falls apart, it releases tiny particles and/or gas that may be inhaled or ingested, which in sufficient amounts can be toxic or even cancerous. Philips CPAP users that inhale or ingest the polyester-based polyurethane (PE-PUR) sound abatement foam may suffer health issues from headaches to nausea and vomiting or potentially cancer causing carcinogenic effects. 

Philips stated the complaint rate was .03% in 2020; however, it elected to recall to ensure patient safety. Whether this is true or not is yet to be determined. Only the litigation process and CPAP plaintiffs’ attorneys fighting for justice for their clients will result in answers to Philips’ knowledge or lack thereof regarding the potential for their CPAP machines to cause cancer. 

Philips representatives specifically stated the following “The foam degradation may be exacerbated by use of unapproved cleaning methods, such as ozone, and high heat and high humidity environments may also contribute to foam degradation,” a statement we argue was defensive in nature and in preparation for the now pending litigation against Philips for its CPAP machines.

Philips CPAP Machines and Ventilators Recalled: 

A-Series BiPAP V30 Auto Ventilator
C Series ASV, S/T, AVAPS
DreamStation ASV
DreamStation SV, AVAPS
DreamStation CPAP, Auto CPAP, BiPAP
DreamStation GO CPAP, APAP
Dorma 400, 500 CPAP
E30 (Emergency Use Authorization)
Garbin Plus, Aeris, LifeVent Ventilator
OmniLab Advanced Plus In-Lab Titration Device
SystemOne ASV4
SystemOne (Q series)
Trilogy 100 Ventilator
Trilogy 200 Ventilator

Therefore, if you used one of the above-listed recalled Philips CPAP machines or ventilators for a period of over 12 months and were subsequently diagnosed with cancer or another serious health condition, you may be eligible for legal claims against Philips.

What’s wrong with PE-PUR Foam?

The foam that is intended to reduce noise in Philips CPAP machines, polyester-based polyurethane (PE-PUR) sound abatement foam, contains urethane. Unfortunately, the American Cancer Society has identified urethane as a cause of human carcinogen based on studies by the International Agency for Research on Cancer and the National Toxicology Program. These studies have identified evidence that supports urethane exposure may cause cancer in humans, including, but not limited to lung cancer, liver cancer, blood cancer, and other types of cancer.

What is Polyurethane in Philips CPAP PE-PUR Foam?

Polyurethane is a man-made chemical that is created by the combination of three substances, only one of which is naturally occurring. The following three chemicals after reaction create polyurethane that is found in the Philips CPAP foam and the chemical compound of the two, man-made chemicals that are separately toxic are depicted below:

  • Methylene Diphenyl Diisocyanate (“MDI”)
  • Toluene Diisocyanate (“TDI”); and
  • Polyols, which are naturally occurring sugars in alcohols. 

Both MDI and TDI are dangerous chemicals and must be handled with care. Additionally, TDI by itself is suspected of being a carcinogen classified as very toxic, i.e. may cause cancer in humans. Occupational safety administrations and agencies recommend workers do not come into direct contact with TDI, including The National Institute for Occupational Safety and Health (“NIOSH”).

As a foam, polyester-based polyurethane (PE-PUR), found in the Philips CPAP machine has been declared safe. However, the chemicals released by PE-PUR foam, either in gas or particle form, are dangerous and may cause cancer. This discovery is what lead to Philips determining the CPAP machines with PE-PUR foam required a recall. 

What is a CPAP Machine?

CPAP Machines or continuous positive airway pressure machines help a person with obstructive sleep apnea breathe more easily while asleep. CPAP machines increase the air pressure in your throat, causing your airway to remain open and not collapse when you breath in during sleep. 

While the amount of pressure created in your airway by a CPAP machine is greater than the atmospheric pressure, it is not enough to cause pain or discomfort in most patients. Although sleeping on your side is one of the best positions to prevent or reduce sleep apnea, most people with these issues naturally sleep on their back or stomach. Therefore, the CPAP machine allows your airway to remain open continuously while asleep.

Do You Qualify for CPAP Lawsuit?

You may be eligible to seek compensation for medical bills, lost wages, and other damages, if you used one of the recalled Philips CPAP machines and you were diagnosed with cancer or another serious health condition after use of the Philips CPAP machine. You are welcome to fill out the form on this page for a risk-free assessment of your eligibility to join the Philips CPAP lawsuit. We look forward to meeting you and providing answers to your questions.

Should I stop using my Philips CPAP Machine?

Not necessarily, you should check to determine, if your machine has been recalled by searching the serial number of your device in the database. Additionally, you should seek the counsel of your physician to determine your best treatment option, with or without a Philips CPAP machine. However, you should immediately stop using your Philips CPAP machine, if you determine that you have been using a recalled Philips CPAP machine.

Philips stated the following in its recall notice, “Philips recognizes that alternate ventilator options for therapy may not exist or may be severely limited for patients who require a ventilator for life-sustaining therapy, or in cases where disruption is unacceptable.” 

No matter what machine you are using, it may be in your best interest to speak to your doctor about new or worsening symptoms related to recalled Philips CPAP machines. 

Do not stop or alter your prescribed ventilator, CPAP, or any other breathing treatment, until you have spoken with your physician. In some instances where patient’s lives rely on the use of a Philips ventilator or CPAP machine, it may be recommended to continue use by your treating physician, despite the risks identified in this article. However, by implementing an inline bacterial filter and after consultation with your physician, your continued use of one of these devices may be your best option. Speak to your treating physician prior to making a treatment decision.

Status of Philips CPAP Recall

At the time of publishing this article, Philips Respironics has recalled millions of its continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and mechanical ventilator due to the above referenced carcinogenic and toxic effects of polyester-based polyurethane (PE-PUR) sound abatement foam or PE-PUR foam as it can escape as a gas or particles that are inhaled or ingested. 

Philips discovered during testing that the polyester-based polyurethane (PE-PUR) sound abatement foam, designed to dampen the sound of the device, was beig released into the airway of customers. Philips determined the inhalation or ingestion of polyester-based polyurethane (PE-PUR) sound abatement foam could cause at least the following consequences:

  • Carcinogenic effects
  • Respiratory issues
  • Risk of chemical exposure

Potential Cancers caused by Philips CPAP:

  • Bladder cancer
  • Brain cancer
  • Breast cancer
  • Hematopoietic (blood) cancer
  • Kidney cancer
  • Leukemia
  • Liver cancer
  • Lung cancer
  • Lymphatic cancer
  • Multiple myeloma
  • Nasal cancer
  • Non-Hodgkin lymphoma
  • Papillary carcinoma
  • Prostate cancer
  • Rectal cancer
  • Stomach cancer
  • Testicular cancer
  • Thyroid cancer

Other Serious Health Issues caused by Philips CPAP:

  • Acute respiratory distress system (ARDS)
  • Kidney/renal disease
  • Lung/pulmonary disease
  • Liver disease
  • Pleural effusion
  • Reactive airway disease (RAD)
  • Respiratory failure
  • Severe ear inflammation
  • Severe nose inflammation
  • Severe throat inflammation

How much would a lawsuit regarding my Philips CPAP Machine cost me?

You pay nothing, unless you are successful in your lawsuit against Philips and you receive compensation. Our team of Fierce Advocates™ will fight for you, if you qualify to seek compensation against Philips for a recalled CPAP or ventilator and have suffered one or more of the above health problems. Our firm will handle all costs associated with your case, if you become a client and we will only receive compensation, if you are successful in your case!

What to do if you suffered from Philips CPAP Machine?

Contact an experienced Plaintiff’s attorney to discuss your options and the way forward against Philips, if you suffered from use of a Philips CPAP machine. Our team is ready to answer your questions and help you determine the best way forward for you and your family, if you were impacted by Philips CPAP machines. We take the privilege of representing every client personally and stand by our claim of being Your Fierce Advocates™. We will investigate your case and fight for you.

Your Next Steps

OKC Injury Lawyer is already fighting for many clients suffering from cancer and other serious health issues related to Philips CPAP machines and the PE-PUR foam, linked to cancer. We are ready to answer your questions and potentially assist you or your loved one in seeking the compensation you deserve. Contact Your Fierce Advocates™ to discuss your case and have your questions answered. ContactOKC Injury Lawyer by completing the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for answers to your questions.