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Signs You May Be Eligible to Seek Compensation in the Philips CPAP/BIPAP Litigation

Feb 22, 2024
Shamis & Gentile, P.A.

With potentially several million Americans being affected by the Philips CPAP/BIPAP recall due to defective devices, there is a good chance you might be eligible for compensation if you have bought, rented, or used such a machine in the past.

However, there are certain criteria you will need to fulfill in order to file a claim or join an existing class action lawsuit against the manufacturer of the CPAP and BIPAP devices that may have caused you harm. At Shamis & Gentile, P.A., we offer free consultations to help you find out.

Refunding the Cost of Your Philips Device

The FDA has labeled the Philips devices’ recall as a Class 1 Recall (the most severe). As a result, you can potentially seek compensation for any money you have spent purchasing, renting, or otherwise using these defective machines.

Apart from contacting Philips directly, other ways to seek compensation will also hold the company accountable. For instance, a class action lawsuit reached a settlement in late 2023, where Philips agreed to pay more than $450 million to affected consumers in order to provide financial relief.

Which option suits you best will depend on your personal circumstances and preferences. If you would like help exploring your options more in-depth, we recommend that you contact us today and learn what different avenues you have available and what they will entail.

It is important to note that not all Philips CPAP/BIPAP devices have been subject to malfunction and thus have been recalled. In order to be eligible, you will need to make sure that the machine you have been using is on the list below.

List of Recalled Philips Devices

Below is a list of the devices that have been recalled by Philips. Please note that these devices were made between 2009 and 2021, and as such, in order to be eligible, your device will need to have been made in this timespan as well.

Another important factor to consider is that you do not necessarily need to have experienced any issues with your particular device yet since you might be eligible for compensation due to future risks associated with these machines.

  • A-Series BiPAP A30
  • A-Series BiPAP A40 (ventilator)
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto (ventilator)
  • C-Series ASV (ventilator)
  • C-Series S/T and AVAPS
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • Garbin Plus, Aeris, LifeVent (ventilator)
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne (Q-Series)
  • Trilogy 100 (ventilator)
  • Trilogy 200 (ventilator)

Documented Health Issues

For claims going beyond refunding the purchase costs of the machine you have used, there are also other types of eligibility to consider. For one, if you have documented health issues, you might be eligible for compensation for loss of wages, pain and suffering, and medical expenses.

Examples of these health issues can include respiratory issues, lung damage, and worsening of existing conditions like asthma. Therefore, we encourage you to create and keep detailed records of your symptoms, medical treatments, diagnoses, and purchases of medicine or bills for hospital stays.

This will go a long way toward proving that you have been negatively affected by the defective Philips CPAP/BIPAP machines, and it will be a necessary step in seeking justice and compensation.

At Shamis & Gentile, P.A., we can help you manage and perform such record-keeping. We offer free consultations to anyone who might have been affected, and we will evaluate your case thoroughly and diligently.

If you wish to learn more about your options, Shamis & Gentile, P.A. is currently offering free consultations. You are welcome to contact us today, and a dedicated attorney will review your case and get back to you as soon as possible with more details.

Submit a Class Action Claim

Submit a class action claim today; there are no associated fees or expenses unless we manage to win the case on your behalf.