CPAP Lawsuit

Continuous Positive Airway Pressure (CPAP) machines have been widely used across the US to treat sleep apnea, a condition that interrupts breathing rhythm during sleep, which can have dangerous medical effects. The manufacturer, Philips, has faced thousands of lawsuits for harm caused by these machines, and CPAP lawsuits continue nationwide. If you believe you have been harmed by one of these devices, it’s crucial to hire a dangerous products lawyer.

Representing Clients Nationwide in CPAP Lawsuits

The attorneys at Kelley Ferraro, LLC have almost 30 years of experience representing clients nationwide in many dangerous products cases. Our firm has successfully secured more than $1 billion in damages from more than 55,000 cases, and we are confident we can provide unmatched representation for your CPAP lawsuit.

In every case we accept, we thoroughly investigate the details of our client’s case and help them determine their most viable legal options. If you or a loved one were harmed in any way by a CPAP machine, you may have grounds for a dangerous product case against the manufacturer. We can review your diagnosis, determine if it has been linked to CPAP machines, and explain your options for claiming compensation.

Understanding CPAP Lawsuits

About 15 million CPAP machines manufactured by Philips were recalled worldwide in 2021. The recalled devices were sold under the Philips Respironics brand between 2008 and 2015. Early in 2024, the Food and Drug Administration (FDA) reported that it had received more than 116,000 Medical Device Reports, including 561 reported deaths, pertaining to these products, primarily because of a problem with the insulating foam used in these devices.

While Philips has not admitted any liability or wrongdoing regarding this recall, in April of 2024, the company announced a $1.1 billion settlement for those adversely affected by recalled CPAP machines and another $25 million for medical monitoring for those who have used recalled machines. Around the same time, Philips settled another personal injury case in the federal court of western Philadelphia for $613.3 million, including $94.4 million in attorneys’ fees.

The main problem with these recalled CPAP machines was the presence of toxic substances in the insulating foam. As insulating foam in the CPAP machine deteriorates, the user is exposed to these substances. CPAP lawsuits have alleged various adverse medical effects from this exposure, including toxic poisoning, severe respiratory distress, and various cancers of the lungs, liver, and kidneys.

If you believe that you or a family member has developed any medical condition linked to recalled Philips Respironics CPAP machines, you should hire a dangerous products lawyer at Kelley Ferraro, LLC as soon as possible to help you build a personal injury case. Our team understands the unique challenges these cases present and how to build effective cases for clients nationwide.

Building Your CPAP Lawsuit

Product liability laws in the US allow consumers to hold manufacturers, distributors, and other parties accountable for any harm they have suffered from defective and/or unreasonably dangerous consumer products. A dangerous product case can arise when a product has a defective design, fails to include safety warnings or instructions for intended use, or poses an unreasonable safety risk to end users when used as intended by the manufacturer.

CPAP lawsuits primarily focus on the toxic exposure to deteriorating polyurethane foam. Users began filing complaints that foam was degrading, especially in very humid conditions, and particles could be inhaled or swallowed. This foam could also release toxic vapors, including formaldehyde and various volatile organic compounds.

Early warning signs of the adverse effects of toxic exposure from Philips CPAP machines include nausea, vomiting, respiratory irritation, hypersensitivity, headaches, and dizziness. Continued use of the machine will worsen these symptoms. It is also possible for there to be few noticeable symptoms, but for the exposure to cause cancer and other serious medical harm that may not be immediately obvious.

This toxic exposure has been linked to various adverse medical conditions. If you are diagnosed with such a condition, you will need an attorney’s help to establish liability. You will need to prove that you used one of these machines and that the exposure caused your damages. Your dangerous products attorney can help you prove that your medical condition resulted from the use of a CPAP machine that Philips recalled.

Success with any dangerous product case requires proof that the product in question poses a serious risk to health or safety with the intended use of the product and that you were harmed by using the product as intended. Your attorney can gather and preserve crucial evidence to prove liability.

A product liability case is a type of personal injury case, and the plaintiff has the right to claim compensation for any economic and non-economic damages they suffered because of the dangerous product. If you used a recalled CPAP machine and suffered any adverse medical effects, your attorney can help you calculate the full scope of the damages you could recover from a successful CPAP lawsuit.

Claiming Compensation for a Dangerous Product Injury

Many people in the US who are injured or otherwise adversely affected by consumer products may be eligible to join class-action lawsuits already in progress. These cases entail multiple plaintiffs with similar damages banding together against the same defendant. This can streamline their legal proceedings, shortening the time it takes for them to receive compensation. However, each plaintiff receives a share of the proceeds, which may not be very much in some cases.

Filing an individual dangerous product claim is more challenging but likely to yield greater compensation than you could expect to receive if you joined a class action. If you can prove that a defendant is liable for the adverse medical complications you experienced, it’s possible to claim compensation for all related economic and non-economic damages. Your case may be worth more than you initially expected, but you need a skilled attorney on your side.

Economic damages in a CPAP lawsuit are likely to include medical expenses and lost income. If you have been diagnosed with any medical condition related to the use of this product, the defendant is liable for all associated treatment costs. If you are unable to work because of your illness, your attorney can help you claim compensation for your lost earning capacity.

In addition to your economic damages, you also have the right to claim compensation for pain and suffering. The medical complications caused by toxic exposure from recalled CPAP machines can be painful and debilitating. Cancer treatment often causes challenging side effects, and the inability to work or live independently causes significant psychological distress. Your attorney can determine a fair amount of pain and suffering compensation to seek with your case.

In some dangerous product cases, plaintiffs can also recover legal expenses, and punitive damages could be awarded at the court’s discretion in response to intentional misconduct or criminal misconduct. Your attorney can explain whether this is relevant to your case and what to expect. Ultimately, you have the greatest chance of securing as much compensation as possible from your CPAP lawsuit with an experienced attorney representing you.

How Your Dangerous Products Attorney Can Help With Your CPAP Lawsuit

The team at Kelley Ferraro, LLC has years of experience representing clients in a wide range of cases, including dangerous product claims against companies like Philips. If you believe you have grounds for legal recourse related to a recalled CPAP machine, our team will review the details of your situation and determine your most viable legal options.

You can trust us to build a comprehensive case for a dangerous product on your behalf. We will gather evidence to prove that your condition is the direct result of the CPAP machine in question. Our team will assess the full scope of the damages you are eligible to claim and determine the optimal way for you to recover compensation.

We are a team of trial attorneys, so we prepare every case we accept for litigation. Even if we believe we can negotiate a settlement on your behalf, this approach strengthens your negotiating position and prepares us should litigation be unavoidable. Most companies facing product liability claims have robust in-house legal departments, so it’s vital to hire a dangerous products lawyer to level the playing field.

If you are concerned about the cost of hiring legal counsel, we accept many cases on a contingency fee basis. With a contingency fee agreement, there is no upfront cost to hire our team. Instead of charging upfront and ongoing attorneys’ fees, we charge a fee only if we succeed in recovering compensation for you, and the contingency fee is only a percentage of the total recovered from the defendant. Ultimately, CPAP lawsuits are challenging in multiple ways, and experienced legal counsel is an essential asset to have on your side if you believe you have grounds for such a case. The attorneys at Kelley Ferraro, LLC are ready to assist you with every step of your proceedings, but you have limited time to build your case. Contact us today and schedule a free consultation with an experienced dangerous product attorney to learn how we can help.