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Your Legal Rights and Options for the Philips CPAP BIPAP Recall

Jan 30, 2024
Shamis & Gentile, P.A.

If you or someone you know has been affected by Philips’s defective CPAP/BIPAP device, you might be wondering how to get compensation, seek justice, or otherwise pursue a legal route to fight your case and have your voice heard.

Not only can dealing with the complications caused by defective CPAP or BIPAP machines be stressful, but figuring out what to do regarding legal recourse can be daunting in its own right. Continue reading to get a quick overview of your available options.

Seeking Compensation

As an affected individual by the defective Philips devices, you may be entitled to seek compensation for medical expenses, loss of wages, pain and suffering, or even wrongful death on behalf of a family member or close relative.

There are a few different ways to go about this, which we will discuss further below. At Shamis & Gentile, P.A., we recognize that every case is unique and will do our best to advise you on the best possible strategy for your situation.

Seeking Justice

Aside from financial compensation, many Americans also value the possibility of affecting real change by holding companies responsible for their negligence or bad business practices and the potential of influencing political decisions regarding consumer safety and regulation.

This can ensure that others will not end up in a similar position. It also goes a long way toward making the plaintiffs feel validated and heard, which can often mean more than financial compensation for many people.

Joining Multidistrict Litigation

Due to the large number of plaintiffs and different cases across the country involving Philips, it has been decided to merge many of these lawsuits into what is known as multidistrict litigation. This concept is designed to speed up the process and consolidate common aspects of litigation.

However, unlike a class action lawsuit, MDL still allows individual plaintiffs to proceed to trial separately, and each case will also be distinctly its own legal matter. In the case of the Philips CPAP/BIPAP issue, this can be a good option when suing for compensation in relation to personal injury, wrongful death, or other more severe aspects.

Joining a Class Action Lawsuit

If you have purchased, rented, or been prescribed a Philips CPAP or BIPAP device in the past, you might have already been notified that you could be eligible to join a class action lawsuit. These types of proceedings are common when a large number of plaintiffs share the same goals and grievances.

Typically, a class action lawsuit is more appropriate in the case of plaintiffs seeking a refund for their Philips devices than seeking personal injury claims or other more serious matters. However, this can depend on the specific type of lawsuit and your own personal circumstances.

Filing an Individual Lawsuit

An individual lawsuit would be most applicable when the plaintiff considers suing for personal injury, as the outcome and compensation will be based on more personal circumstances compared to a class action lawsuit or similar.

As one might expect, plaintiffs and their attorneys have greater control over their own case strategy in this case. This can ultimately result in higher compensation due to the damages being assessed on an individual basis rather than a shared dividend of a class action lawsuit, for instance.

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.