Herrman and Herrman, P.L.L.C. will stand with and represent you if you or a family member have lung problems, injuries, or develop cancer because of Philips CPAP, BiPAP, and other ventilator machines. Our product liability lawyers expertise in representing cases of defective design, defective manufacturing, and companies’ failure to warn.
Texas CPAP and Ventilator Attorney
If you believe you may have developed because you used a Philips CPAP, BiPAP, or ventilator machine that has since been recalled, you should pursue a legal opinion. When companies and manufacturers like Philips allow their medical products and machines to be used by those who are vulnerable and have sleep apnea or other medical issues, they must be held responsible for any potential damage those machines inflict. If you or a loved one has been diagnosed with cancer, developed a lung issue, or has suffered an injury after using a CPAP, BiPAP, or ventilator product from Philips that has been recalled, you may be eligible for compensation via a legal claim.
Using ventilator machines can be life or death for many people with medical conditions that warrant them, so purchasing such a machine is not something that families and individuals usually think twice about. However, when manufacturers fail to produce machines that are completely safe for use or machines that malfunction and cause grave disease, those ventilator machines could be more harmful than good.
If you want to file a lawsuit about the cause of your cancer, lung issue, or other injury, the selection of your legal team is paramount. Choosing an attorney that understands what you’re going through and that is motivated to help you win the compensation you are eligible for should be your main goal. Herrman & Herrman, P.L.L.C employs knowledgeable and compassionate lawyers with deep experience in product liability and malfunction cases. We serve the greater Rio Grande Valley area in Texas and our prestigious law firm has offices in Corpus Christi, McAllen, Brownsville, Houston, and San Antonio.
We have a proven track record of helping individuals and families throughout the Rio Grande Valley gain justice for the negative externalities of products, drugs, lawn care tools, cleaning instruments, and other household products. We know that a CPAP, BiPAP, or ventilator machine is vital to the survival of many with medical issues like sleep apnea, so we understand how important it is for you to get the compensation you deserve if you have been harmed by a Philips machine that has been recalled for malfunctions.
Contact us now if you suspect your cancer or lung disease was the result of using a Philips ventilator machine recalled for breaking down. Your health, your family’s health, and your justice should not wait.
What are CPAP, BiPAP, and Ventilator Devices?
CPAP, BiPAP, and ventilator devices are vital medical tools used to assist people with certain conditions that cause respiratory issues, such as sleep apnea, which causes pauses in breathing when sleeping. CPAP stands for continuous positive airway pressure, and it can drastically reduce the probability that someone with sleep apnea has a cardiovascular event or heart attack or that they must wake up in the middle of the night because they stop breathing. BiPAP machines are similar to CPAP, but BiPAP stands for bi-level positive airflow pressure, and these devices are often used for patients who cannot tolerate CPAP machines due to carbon dioxide levels in their blood. These two ventilator devices can be lifesaving in some instances, but only if they are in excellent working condition with no malfunctions.
Why Are Philips Ventilators Being Recalled?
In June of 2021, the manufacturer Philips announces a recall of millions of its CPAP devices, BiPAP devices, and mechanical ventilator devices. Philips reportedly recalled the medical ventilator machines because the polyester-based polyurethane (PE-PUR) foam used to soften sound and vibrations from the ventilator machines has been shown to break down while in use. If this happens, it can be extremely dangerous. The foam can then enter the airway of the machine, which increases the risk that the user ingests the foam. The broken-down PE-PUR foam can release particles and gases that are very harmful if ingested by the user of the machine.
The risk of the foam breaking down and releasing these harmful particles and gases is greater if people use certain cleaning methods to sanitize the machine, or if the PE-PUR foam is exposed to high heat or humidity. While Philips is still analyzing the health effects, the malfunction in the devices has been shown to put users at risk for cancers, respiratory issues, and organ damage. The Food and Drug Administration (FDA) has not classified the Philips recall but stated that the problems PE-PUR foam could cause serious and life-threatening injuries which can result in permanent damage if not treated swiftly with medical intervention.
The Philips CPAP and BiPAP devices that have been recalled are:
E30 (Emergency Use Authorization)
DreamStation ST, AVAPS
C-Series S/T and AVAPS
REMstar SE Auto
The Philips ventilators that have been recalled are:
Garbin Plus, Aeris, LifeVent
A-Series BiPAP Hybrid A30 (not marketed in US)
A-Series BiPAP V30 Auto
A-Series BiPAP A40
A-Series BiPAP A30
What Are the Dangers of PE-PUR Foam?
On its face, PE-PUR foam is actually not that dangerous. The medical danger comes when the foam is broken down, like it can be within Philips CPAP machines. When it is broken down, the PE-PUR foam can produce harmful particles and gases that, if ingested, can cause serious medical issues for the ventilator user. The Philip’s lab analysis found several dangerous chemicals within PE-PUR foam that had been degraded.
Those harmful chemicals are toluene diamine, which can cause genetic defects, skin reactions, cancer, and organ failure; toluene diisocyanate, which can cause cancer, eye damage, respiratory irritation, and can be fatal; diethylene glycol, which can irritate skin and eyes and can be slightly toxic if swallowed; as well as dimethyl diazene and phenol, 2,6-bis (1,1-dimethylethyl)-4-(1-methylpropyl), which are both gases used in the production of other chemicals.
If you have inhaled or ingested the particles resultant from PE-PUR foam degradation, you my experience the following symptoms: airway irritation, skin or eye irritation, headache, asthma, inflammation, organ damage, cough, sinus infection, or chest pressure. If you experience any of these symptoms after using a Philips ventilator or CPAP device, be sure to contact medical professionals and seek help immediately.
Do I Have a Philips CPAP Case?
If you or a loved one developed respiratory problems, cancer, or other injury after using one of the ventilator devices that has been recalled, you may have a case. Typically, when consumers file claims against the creators of medicines, medical machines, or other products, the case is called a product liability lawsuit. When you consult with a Herman and Herrman product liability attorney, we will help you determine if your case is strong enough and if you are eligible to receive compensation for the costs you’ve incurred as a result of your disease or injury. You and your legal team may need to prove there was negligence on the part of Philips.
To best determine the strength of your case, contact our legal team soon, as time is of the essence. We will help you look through the details of your situation to determine your case’s strength, and to see whether you are eligible to pursue legal action to recover costs you had to incur.
What is a Texas Product Liability Case?
A product liability case is one that deals with a creator or manufacturer’s liability in creating a safe product. In the case of PE-PUR foam breaking down within CPAP and ventilator machines and causing negative effects to those who ingest the resultant gas and particles, the case would be to determine the liability of Philips, the manufacturing company, in the context of the cancers and harmful medical effects from that degraded foam. When a consumer is injured or hurt by a product, they are eligible to file a product liability lawsuit against the manufacturers of that product.
If you launch a product liability lawsuit, your attorney must prove that the injury or illness your incurred from using the CPAP is the responsibility of Philips. Product liability cases cover both defective design of products and lawsuits regarding the defective manufacturing of those products. They also cover a concept called “failure to warn.” In a case of defective design, it means that a product was inherently unsafe due to the way it was proposed. In a case of defective manufacturing, a product is rendered defective because of the way it was assembled or put together.
In a “failure to warn” product liability lawsuit, the case deals with manufacturers not communicating known issues or dangers with their products. A manufacturer has a responsibility to warn users of known hazards associated with their product. The only instance wherein that is not true is if the product has obvious, inherent risk that is clear to an ordinary user.
What Should I Do if I’ve Been Affected by a Philips CPAP or BiPAP Device?
If you or a loved one has been negatively affected by the degraded PE-PUR foam used in the assembly of Philips CPAP, BiPAP, and ventilator devices, the time to take legal action is now. Gather all evidence you can that your injury or condition was the result of the harmful materials put off by the foam. Then call our experienced product liability attorney team at Herrman and Herrman. Herrman and Herman has a history of success on cases dealing with product liability and product malfunction, and we can help guide you through your situation to help you win the damages you deserve to recover. Compensation for these unjust costs is possible, so call us today for a consultation on your case. You deserve to recover damages from a medical device that is intended to keep you safe and healthy.
What Costs are Eligible to Recover in a Product Liability Suit?
As with other personal injury cases, there are a few different types of costs that you may be eligible to recover in a product liability case. One such cost is medical costs. This includes the cost of treatments, prescriptions, and doctor’s and hospital visits that were necessary to treat any injuries or conditions you developed from the recalled Philips ventilators.
You may also be eligible to recover costs associated with lost wages. If you miss work shifts or are forced to take unpaid leave because of your medical condition and miss the wages or paychecks you would have otherwise made, you could recover costs from this.
Another common cost that you may be able to recover in your case is payment from what is known as “pain and suffering.” The definition of “pain and suffering” may vary from state to state, so always be sure to check your state’s legal definition. However, pain and suffering are often quantified, legally, by including physical pain and emotional effects. If your life is now affected by chronic pain or anxiety because of your injury or disease, that would fall typically under the classification of “pain and suffering.”
Contact a Texas Product Liability Lawyer Now
Contact our motivated and experienced product liability, car accident, and personal injury attorneys at Herrman & Herrman, P.L.L.C. for help. Our legal team has a proven track record of supporting and representing individuals from Corpus Christi, San Antonio, and all across the Rio Grande Valley in Texas.
We provide legal representation to people who have been injured by others’ negligence in a range of cases including product liability, car accidents, motorcycle accidents, pedestrian accidents, premises liability cases, workplace accidents and slip and falls.
The quicker we start working on your case, the better able we will be to protect your rights to seek full compensation. You can contact us for a free initial consultation on your case.