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A CPAP machine is a machine that has been created to help those who have difficulty sleeping breathe better. It is usually prescribed through a medical doctor. If you or a loved one have been injured by a CPAP machine, you have the right to get compensated for your injuries. Usually, a reasonable person has the expectation that a CPAP machine is supposed to help them, not harm them. But, in certain circumstances, a CPAP machine could do more harm than good.
There have been several different CPAP machines that have been recalled recently, with several side effects for users, especially cancer-causing side effects. Many other CPAP users are also experiencing other types of complications. If you have been exposed to any CPAP complications, it is very important that you have an experienced CPAP and ventilator injury attorney on your side immediately.
Our CPAP injury attorneys at Heidari law work to make sure that those who have been injured get the justice they deserve. A CPAP machine has great benefits, but there are also several other instances where people have been injured. Our attorneys will handle the entire legal process for you as you focus on your injuries.
What is a CPAP?
A CPAP is also known as a continuous positive air pressure ventilator. This ventilator is used to help with breathing that may be difficult or obstructed during sleep. Usually, users of CPAP machines are those that suffer from sleep apnea. Many CPAP machines have now become soundproof to quiet the ventilator. But, with this soundproof feature, there may be some carcinogenic pieces found. These carcinogenic pieces have been found to cause cancer and other serious illnesses.
CPAP Machine Recalls
The most recent CPAP machine recall was on June 14th, 2021, when the Philips Dreamstation 2 was recalled by the United States Food and Drug Administration because there were serious health effects that the machine LED to. There were also several fatalities that resulted from the CPAP machine. There were around 20 CPAP machines recalled.
Why are CPAP and ventilator machines dangerous?
Because CPAPs and ventilators are very close to the user’s lungs, they must be working adequately, and these machines must be free and clear from any defects. This means that the machine cannot have carcinogenic foam. Several CPAP machines have been recently recalled for having carcinogenic foam, which has caused cancer or other serious illnesses to the user.
What are some injuries from a CPAP machine?
Each person may have a different injury from a CPAP machine depending on how they use it and how long they use the CPAP machine. For example, different types of injuries may include:
- Lung cancer
- Stomach cancer
- Renal cancer
- Kidney cancer
- Breast cancer
- Bladder cancer
- Acute respiratory distress system
- Heart attack
- Cardiac arrest
- Lung infections
- Upper Airway irritation
- Inflammatory response
Philips Respironics CPAP Machine Recall
Recently, there was a recall by Philip’s Respironics who had manufactured CPAP machines in the 2000s. Further, several different types of evidence showed that Phillips was aware of the side effects that the CPAP machine had. Not only could you hold a manufacturer responsible for negligently producing a defective machine, but you could also seek punitive damages.
Punitive damages are a specific type of damage that holds the manufacturer responsible for any malicious activity on their end. If the manufacturer knew about the dangerousness of the product yet still sold the product anyways, they could be held responsible for punitive damages. Punitive damages could range to several millions of dollars.
What is the basis for a CPAP lawsuit?
There are several different types of defects a product could have.
- The first one is the design defect. This occurs when the CPAP ventilator has been designed ineffectively to begin with. You must show that there are other alternative safer designs to the CPAP machine.
- The second type is a manufacturing defect with the CPAP machine. A manufacturing defect could be one in a million CPAP machines manufactured and occurs during the manufacturing process.
- The third type of defect is a failure to warn defect. A manufacturer has a duty to warn CPAP machine users of the side effects, or to make sure that the CPAP user follows the instructions carefully.
Usually, CPAP machine lawsuits focus on design defects and failure to warn defects. For example, in the above Phillips Respironics case, they were responsible for failure to warn since they knew about the carcinogens in their foam.
How long does it take to settle a CPAP lawsuit?
Usually, since there are several thousands of users of CPAP machines, there may be several plaintiffs that are filing a lawsuit. When there are several plaintiffs filing a lawsuit against a single manufacturer, this could be a mass tort lawsuit. Mass tort lawsuits could take several years to settle since there are several different types of evidence that must be gathered from the victims and from the manufacturer’s behalf.
Which CPAP machines are recalled?
Below are just some examples of CPAP machines that were recalled recently:
- Remstar SE Auto
- Dreamstation go
- Dorma 400
- Dorma 500
- Dreamstation ASV
- Omnilab Advanced Plus
- System one asv4
- A series BiPAP hybrid
- Carbon Plus
- Trilogy 100
- Life vent
Please contact our CPAP machine recall attorneys to see if your machine has been recalled.
Why should you hire CPAP recall attorneys at Heidari law?
- Our attorneys work through a contingency fee basis, which means that you pay our attorneys $0 unless we win.
- We have decades of experience proving product liability lawsuits and product defects.
- We have represented victims of product defects all around the United States.
- We have extensive knowledge of mass tort lawsuits.
- We will fight aggressively to make sure that you get the maximum compensation possible.
- We will work hard with our medical and accident experts to piece together exactly what caused your injuries and to hold the liable party responsible.
Who qualifies to file a CPAP lawsuit?
You may qualify for a CPAP lawsuit if you fit the below criteria.
- You owned one of the CPAP machines that were recalled
- You used one of the CPAP machines that were recalled each night for at least 6 months
- After using the CPAP machine for at least 6 months you then developed a serious injury, such as cancer
To see if you qualify and fit all of the above criteria, contact an experienced attorney today. We offer confidential consultations to discuss your specific potential CPAP lawsuit.
When should I file my CPAP lawsuit?
There are several factors that determine when you should file your CPAP machine lawsuit, with one of the most important factors being the state you live in. For example, if you reside in California, you have two years from the date of the injury or two years from the date you discovered your injury to file your CPAP machine injury claim.
Other states have other time limits, for example, Florida has 4 years from the date you discovered your injury. For more information, contact our top-rated attorneys at Heidari law.
What will happen during our consultation?
During your one-on-one consultation with our highly qualified attorneys, our attorneys may ask a variety of questions to determine exactly what types of injuries you have suffered and what the best steps are for you to take. For example, we will ask:
- What type of CPAP machine did you use?
- What types of injuries did you suffer?
- Did you still suffer those injuries today?
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