Philips CPAP Cancer Lawsuit


Are you one of the many Americans across the country who uses a ventilator device (formally known as Continuous Positive Airway Pressure, or CPAP, devices) to treat sleep apnea?

Last month, international technology corporation Philips, a major producer of CPAP devices worldwide, initiated a voluntary recall of certain CPAP machines it has produced in recent years. As part of the recall, Philips disclosed that they identified certain health risks associated with the use of its products, most notably their potential to increase the risk of developing cancer.

The health hazards were identified in the devices’ polyester-based polyurethane sound abatement foam component. Specifically, many users found that the sound abatement foam was degrading, causing foam particles to enter the airway. The disintegrating foam also caused outgassing, which led to users inhaling hazardous and potentially carcinogenic chemicals.

Several factors were attributed to the degradation of the sound abatement foam, according to Philips, including unapproved cleaning methods, as well as exposure to high heat and humidity. Both the degraded foam particles and the outgassing have been shown to increase the risk of cancer.

As part of the CPAP recall, Philips issued a recall for around 3.5 million ventilator machines including CPAP devices and Bi-Level Positive Airway Pressure (Bi-Level PAP) devices. Most of the defective devices were initially released as part of the first-generation DreamStation product family. The user manual that accompanied DreamStation products did not provide any indication that the devices posed a health hazard to users.

And while Philips has stated that they are taking action to rectify the risks associated with using these devices, unfortunately many users have already been adversely and irrevocably affected by the defective products.

If you received a cancer diagnosis after utilizing a Philip’s Bi-Level PAP device or CPAP device, then you could be owed significant compensation. You might be entitled to collect money to cover the cost of any present and future medical expenses incurred by use of the defective machine, lost income if you are unable to work and earn, and non-economic damages such as pain and suffering. You can hold Philips responsible for their negligence by consulting with our seasoned attorneys at the Mass Tort Alliance. Don’t wait to contact us for a consultation.

Hazards of Using Phillips CPAP Machines

Many users of CPAP machines have reported severe health consequences caused by the degrading sound abatement foam in the devices. Some of the potential injuries and illnesses reported by users include the following.

Particulate Exposure Risks:

  • Cancer
  • Respiratory issues
  • Internal organ damage, including adverse effects to the liver and kidneys
  • Irritation of eyes, skin, and respiratory system
  • Inflammation
  • Toxicity
  • Coughing
  • Headaches
  • Sinus infections
  • Chest pressure

Off-Gassing Health Risks:

  • Cancer
  • Nausea and vomiting
  • Hypersensitivity
  • Irritation of eyes, skin, and respiratory system
  • Headaches
  • Toxicity

CPAP Devices Included in the Recall

If you regularly use a CPAP or Bi-Level PAP machine, then you should check to see if your model is included in the recall. The devices Philips has recalled include all CPAP and Bi-Level PAP devices that were manufactured by the company prior to April 26, 2021, including:

Continuous Ventilator:

  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LifeVent

Continuous Ventilator, Minimum Ventilatory Support, Facility Use:

  • A-Series BiPAP Hybrid A30 (not marketed in the US)
  • A-Series BiPAP V30 Auto

Continuous Ventilator, Minimum Ventilatory Support, Facility Use:

  • E30 (Emergency Use Authorization)

Continuous Ventilator, Non-Life Supporting:

  • A-Series BiPAP A40 (not marketed in the US)
  • A-Series BiPAP A30 (not marketed in the US)

Continuous Ventilator, Non-Life Supporting:

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+

Noncontinuous Ventilators:

  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

If you have used any of the above Philips devices, then it is crucial to discontinue use of the device and seek a medical evaluation at your earliest convenience. Even if you don’t think your particular device or ventilator has any of the defects disclosed by Philips, and even if you haven’t suffered any health consequences as a result of using the device, you could have developed medical issues that you aren’t aware of. A medical professional can conduct a comprehensive examination in order to determine if the product caused you any bodily harm. If you were harmed by the device, then you could be entitled to recover a significant amount of compensation.

What If I Developed Cancer After Using A Philips CPAP?

Philips performed tests on their products to determine if the sound abatement foam did indeed cause health risks, despite a complaint rate of just .03% in 2020. Their tests ultimately determined that there were potential health risks associated with using devices containing this type of foam, and that one of those risks was developing cancer. Although it is not currently known exactly how widespread the health hazards caused by these defective devices may be, the risks are real.

If you have used a Philips CPAP or Bi-Level PAP machine to treat your sleep apnea and later developed cancer, we highly recommend consulting and discussing the recall with your oncologist. If you believe that your cancer may have been caused by disintegrated foam particles or by outgassing, then your oncologist may want to conduct tests to determine whether the degraded foam particles might have led to the development of your cancer.

What Do I Do If I Was Injured?

Even if you did not develop cancer, there are still many other illnesses and injuries that have been reported by users of Philips’ CPAP device. If you were injured by a CPAP device, you should consider taking the following steps:

  • First, seek medical attention and consult with your physician. Your physician may be able to detect medical conditions that you are not yet aware of.
  • Make sure that you preserve any relevant evidence. If there are degraded foam particles in the airway of the CPAP machine, that evidence could help you prove your case later on. Consider taking photos of the debris as well.
  • Consult with an attorney to discuss your legal options. If you’ve suffered health consequences after using a Philips CPAP or Bi-Level PAP ventilator, then you could be entitled to collect compensation.

What Compensation Might I Be Eligible to Seek?

If you have sustained injuries or developed an illness, including cancer, as a result of using a defective Philips CPAP or Bi-Level PAP machine, then you may be entitled to compensation. The product liability attorneys at the Mass Tort Alliance have the necessary knowledge and skills to help you recoup any financial losses caused by the health consequences of using defective CPAP or Bi-Level PAP products.

Compensation is designed to cover the cost of various types of damages, including economic damages, non-economic damages, and punitive damages in some cases.

Economic Damages: economic damages are intended to cover financial losses incurred as the result of using the defective product. They include:

  • Medical bills related to use of the defective product
  • Lost wages if your illness or injuries render you unable to perform your job
  • Future income loss if you are unable to return to your job

Non-Economic Damages: non-economic damages cover non-financial losses related to the health consequences of using the defective product, namely personal pain and suffering. Non-economic damages include:

  • Emotional trauma
  • Mental anguish
  • Loss of enjoyment of life

Punitive Damages: Although punitive damages are not often awarded, in cases where a manufacturer such as Philips was particularly negligent, a judge may order them to pay punitive damages in an effort to “punish” them for failing to disclose that their devices had the ability to cause serious health conditions such as cancer.

What Is The Status of CPAP Litigation?

CPAP litigation is currently in its very early stages. There may be hundreds of thousands of plaintiffs scattered across the country. It’s likely that CPAP personal injury lawsuits will be consolidated to form a federal MDL (multidistrict litigation). The purpose of an MDL is simply to expedite the court process, but unlike with a class-action lawsuit, each plaintiff in an MDL continues to maintain their own case.

The causes of action that plaintiffs are expected to lodge against Philips include:

  • Defective design
  • Failure to warn
  • Consumer fraud
  • Negligence per se
  • Gross negligence
  • Negligent misrepresentation
  • Fraudulent concealment
  • Fraudulent misrepresentation
  • Breach of implied and express warranties

Contact Us Today

If you’ve been diagnosed with cancer or experienced other health consequences from using a defective Philips CPAP device to treat your sleep apnea, then you may be eligible to file a lawsuit for compensation to help recover any financial losses related to the use of the defective product.

At the Mass Tort Alliance, we match prospective clients with some of the most seasoned and skilled attorneys across the country. The Mass Tort Alliance’s attorneys have the experience and resources to take on powerful corporations that manufacture harmful, defective devices. Our dedicated lawyers will take the time to evaluate your case and help you determine what your legal options are. Contact us today for a consultation to get started.