Millions of Americans have been using CPAP and BIPAP machines to help aid them with respiratory conditions. These machines have been used to improve sleep and alleviate symptoms stemming from conditions such as obstructive sleep apnea and more. However, users of these devices have been diagnosed with cancer, lung scarring, and other severe conditions.
As such, Philips, the manufacturer of these devices, is currently facing multidistrict litigation. Thousands of plaintiffs are seeking justice and accountability from the large company due to their personal injuries. Today, we will look at how this type of lawsuit helps hold companies such as Philips responsible for such product defects.
Reports of Defective Devices
Ever since the first reports of defective CPAP and BIPAP machines from Philips reached the public eye, many more cases have been linked together. As of writing, more than 1 million devices have been recalled due to the risk of exposure to toxic chemicals that can cause cancer, lung scarring, and a range of other severe complications.
The FDA has also been involved in classifying the recall as Class 1, the most severe categorization they operate with, further highlighting how serious the Philips recall is. More than 500 deaths across the United States have also been directly linked to the use of these machines, underscoring how important immediate action and litigation is in order to mitigate the risks as best possible.
At Shamis & Gentile, P.A., we are currently looking into these reports on behalf of our clients, and as such, we offer free consultations for individuals who have been affected by the use of a Philips CPAP or BIPAP machine, whether it be through purchase, lease or otherwise.
Taking Legal Action
Due to the large number of Americans affected by the Philips CPAP recall, the justice system has decided to merge these cases into what is known as an MDL (multidistrict litigation) case. This will streamline the proceedings and provide a transparent trial moving forward.
At the same time, it will also help individual plaintiffs due to the sharing of resources, collective expertise testimony, etc. This allows those affected to seek compensation for medical expenses and other expenses without having to shoulder the full burden of a lawsuit from start to finish.
Other avenues are also available to affected parties, parallel or different from the ongoing MDL. Which option is best for you or your loved one can depend on many factors and would be the subject of a case-by-case evaluation.
Whether through individual lawsuits, arbitration, or settlement negotiations, individuals impacted by the Philips CPAP/BIPAP recall have the opportunity to hold the manufacturer accountable and secure the restitution they deserve.
Unfortunately, a number of Americans have already passed away due to complications arising from using the Philips devices, and as such, close relatives might be eligible to participate in a claim as well.
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.
