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Philips CPAP Lawsuit

philips cpap lawsuit

Philips CPAP Lawsuit – Legal Claims for Lung Injuries and Cancer

About CPAP

Sleep Apnea is a common condition in which breathing may become very shallow or temporarily stop when a person sleeps at night. This can cause a host of health problems ranging from headaches and fatigue to hypertension, heart attack and stroke.


CPAP therapy is the standard form of treatment for sleep Apnea. In CPAP therapy, a machine delivers positive airflow through a mask over the nose and mouth.


CPAPs machine is the standard treatment option for obstructive sleep Apnea and can often reverse the consequences of sleep Apnea.


The CPAP safety recall has a flood lawsuits against Philips by device users who claim that they suffered adverse health consequences from the defective machines. A new “class-action” has formed for consolidated handling of the CPAP recall product liability lawsuits. For victims, the MDL class action is a path to bring a CPAP lawsuit with relative ease.


All of Philip’s DreamStation CPAP and BiPAP machines use a special type of polyester polyurethane foam called PE-PUR. The PE-PUR foam is used for sound abatement to make the DreamStation CPAP machines run quieter.

Recall of DreamStation CPAP Machines

Philips publicly announced a mass safety recall of 14 models of CPAP and BiPAP breathing machines, including the DreamStation line.


According to Philips, the 2021 CPAP recall was prompted by the discovery that the PE-PUR sound foam in the machines may break down and get inhaled or ingested by users. The PE-PUR foam contains volatile organic compounds (“VOCs”) that are carcinogenic and toxic to internal organs.


The problem with PE-PUR foam is Polyester polyurethane is easily broken down by heat, sunlight, sunlight, moisture, microbial, fungal attack, and even oxygen. So if, for example, your machine was exposed to high humidity or temperatures, you are at greater risk with this recall.


Philips Respironics readily acknowledges that inhalation of the PE-PUR foam by CPAP machine users could cause serious and even life-threatening damage to the respiratory system.


Philips has already conceded that the foam in these CPAP machines emit harmful chemicals, including,

  • Toluene Diamine
  • Toluene Disocyanate
  • Diethylene Glycol


Philips identifies the following health risks from PE-PUR foam inhalation or ingestion:

  • Irritation and airway inflammation (particularly acute in patients with underlying lung or cardiopulmonary conditions)
  • Headaches and dizziness
  • Chest pressure and sinus infection
  • Toxic and “carcinogenic effects”
  • Damage to the kidney, liver, and other organs

CPAP Lawsuit

CPAP recall lawsuits are expected to follow because there is evidence that Philips was fully aware of the health risks and defects associated with the PE-PUR foam and failed to warn consumers.


The CPAP lawsuit claims that recalled machines have polyester-based polyurethane sound abatement foam that may degrade or off-gas under certain circumstances, including when cleaned with ozone, or in high humidity and high-temperature environments.


This places CPAP users at risk for a host of maladies, including various inflammatory responses, headaches, asthma, vital organ damage, and toxic carcinogenic effects that would include cancer.

Do I Qualify for a CPAP Sleep Apnea Machine Lawsuit?

Individuals who meet the following basic qualifying criteria for filing a Philips CPAP lawsuit:

  1. You used one of the recalled CPAP, BiPAP, or other Philips sleep apnea machines every night for at least 6 months or longer.


Serial numbers of the following devices manufactured between 2009 and April 26, 2021, on the following devices:


  • DreamStation (ASV, ST, AVAPS, CPAP, Auto CPAP, BiPAP)
  • DreamStation GO (CPAP, APAP)
  • SystemOne (ASV4)
  • C Series (ASV, S/T, AVAPS)
  • OmniLab Advanced Plus
  • Dorma 400,500 (CPAP)
  • REMStar SE Auto (CPAP)
  • Trilogy100 and 200
  • A-Series BiPAP V30 (Auto)
  • Garbin Plus, Aeris, LifeVent
  • A-Series BiPAP A40 and A30
  • A-Series BiPAP Hybrid (A30) – not marketed in the United States
  • E30 (Emergency Use Authorization)


2. After using the recalled CPAP machine for at least 6 months, you suffered any of the following adverse health conditions:


Diagnosis or Cancers Likely Qualify for a CPAP Recall Lawsuit


  • Acute kidney injury (AKI)
  • Acute liver injury
  • Brain cancer
  • Bladder cancer
  • Breast cancer in patients under 40
  • Chronic asthma
  • Chronic bronchitis
  • Colon cancer
  • Esophageal cancer
  • Hematopoietic cancer (immune cell)
  • Hypopharyngeal cancer
  • Interstitial lung disease (ILD)
  • Kidney cancer
  • Laryngeal cancer
  • Lymphatic cancer (including non-Hodgkin’s)
  • Leukemia
  • Liver cancer
  • Liver disease (acute liver injury only)
  • Lung cancer
  • Multiple myeloma
  • Myeloid leukemia
  • Nasal cancer
  • Nasopharyngeal cancer
  • Oropharyngeal cancer
  • Papillary carcinoma
  • Paranasal sinus cancer
  • Prostate cancer in patients under 50
  • Pulmonary fibrosis
  • Rectal cancer
  • Recurrent pneumonia (4 or more times in one year)
  • Sarcoidosis
  • Scarring of lungs
  • Severe or chronic asthma
  • Sinus cancer
  • Soft palate cancer
  • Stomach cancer
  • Testicular cancer
  • Throat cancer
  • Thyroid cancer
  • Tonsil cancer


3. All CPAP and BiPAP sleep apnea machines manufactured by Philips before 2020 were recalled. These include brands such as DreamStation and REMStar.


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