Philips CPAP Recall Lawsuit in Buffalo, Rochester, and Syracuse, NY

According to the American Medical Association, approximately 30 million Americans have sleep apnea, a condition that is often treated with a breathing device, such as a CPAP machine. Other devices, like ventilators, treat more complex respiratory conditions. Adults and children alike rely on such devices for breathing assistance. Unfortunately, in June 2021, Philips Respironics recalled millions of its machines due to the cancer-causing chemical emissions they produce. As a result, users have begun to file Philips CPAP recall lawsuits.

If you or a loved one has experienced any medical complications due to the recalled Philips Respironics ventilators, you may be entitled to compensation.

Philips CPAP Recall Lawsuit in Buffalo, Rochester, and Syracuse, NY

Why Are People Filing Philips CPAP Recall Lawsuits?

Philips Respironics recalled millions of its continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and mechanical ventilator devices due to the health risks associated with the breakdown of noise reduction foam used in the machines. The polyester-based polyurethane foam (PE-PUR) reduces the sound and vibration of the devices. In testing, Philips found that as the foam degrades, it releases toxic chemicals and particles.

Lab tests indicated emissions of the following harmful chemicals: toluene diamine, toluene diisocyanate, diethylene glycol, and dimethyl diazine.

Black foam pieces—which you may not be able to perceive—and volatile organic compounds (VOCs) can enter the air tubes. According to the FDA, when inhaled or ingested, these foam fragments and toxic chemicals can result in serious injury, permanent health impairment, and even death.

Which Philips Models Have Been Recalled?

Three types of breathing aid devices have been recalled:

  • CPAP machines, which deliver continuous airflow at a constant pressure through a mask.
  • BiPAP machines, which are similar to CPAP machines but provide a higher pressure when inhaling and a lower pressure while exhaling.
  • Ventilator machines, which assist patients who cannot breathe on their own by providing a set amount of oxygen, removing carbon dioxide, and maintaining air pressure to prevent the lungs from collapsing.

Recalled CPAP and BiPAP devices include the following models:

  • C-Series ASV
  • C-Series S/T and AVAPS
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30 (emergency use authorization)
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne (Q-series)

Impacted ventilators include the following models:

  • A-Series BiPAP A30
  • A-Series BiPAP A40
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • Grabin Plus, Aeris, LifeVent
  • Trilogy 100
  • Trilogy 200

The recalls on each model listed above apply to all serial numbers.

Certain Trilogy Evo ventilators with specific serial numbers were also recalled between April 15, 2021 and May 24, 2021. Users can find the serial number on the bottom of the ventilator.

Philips CPAP Recall Lawsuit in Buffalo, Rochester, and Syracuse, NY

How Serious is the Philips CPAP Recall?

In January 2023, the FDA classified the recall as a Class I recall—the most severe recall classification due to potentially serious health hazards and even death.

Inhaling or ingesting the foam pieces can lead to eye, skin, nose, and airway irritation in addition to inflammation, headache, and asthma. The toxins can also cause cancer in organs such as the kidneys or liver.

Breathing in the chemicals emitted as the foam breaks down can also result in irritation as well as headache, dizziness, nausea and vomiting, and allergic or immune system reactions. Inhaling these toxic chemicals also has cancer-causing effects.

Since April 2021, the number of medical device reports (MDRs) documenting malfunctions and device-related health risks has dramatically increased for Philips CPAP, BiPAP, and ventilator devices. From 2011-2021, only 30 MDRs related to PE-PUR foam breakdown were submitted to the FDA with no reports of injury or death. This data greatly contrasts the 105,000 MDRs filed since April 2021, 385 of which document user deaths from suspected foam degradation.

As part of Philips’ repair and replacement program, impacted users received reworked Trilogy 100, Trilogy 200, and Garbin Plus ventilators that replaced the PE-PUR foam with silicone-based foam. However, the devices contained residual PE-PUR foam, and the silicone foam material presented additional risks. The adhesive used to secure the silicone foam to its plastic backing can fail, leading users to experience life-threatening breathing issues such as asphyxia, hypoventilation, and hypoxemia.

These outcomes demonstrate the severity of the devices’ malfunction and underscore the importance of Philips CPAP recall lawsuits. If you or a loved one has experienced any of the above symptoms, you should contact our office for a free consultation.

Recommendations for Users of Recalled Devices

If you use a recalled Philips device, the FDA recommends that you continue using the device and contact your doctor. In some cases, stopping the use of the machine may pose a greater risk. You should discuss your situation with your primary care provider before making any changes to your respiratory therapy. Your doctor may recommend transitioning to alternative devices based on clinical assessment.

While you are likely concerned about the integrity of your device, you should not use ozone or UV light cleaners, add a filter to your CPAP or BiPAP machine, or attempt to remove the foam from your device.

After speaking with your healthcare provider, register your device with Philips to initiate the process for device replacement. Regularly monitor your device for trigger alarms until you receive your new machine.  If you have been diagnosed with a serious injury, we recommend that you contact our office to discuss device preservation prior to returning the device to Philips.

You can also report adverse events related to the use of your Philips device through the MedWatch Voluntary Reporting Form.

For the most recent information related to this and other recalls, visit the FDA’s Medical Device Recall Page.

When Should You File a Philips CPAP Recall Lawsuit?

A 2021 FDA investigation found that Philips knew about and ignored the problems related to the PE-PUR foam degradation years before the voluntary recall was initiated. If you or a loved one has been diagnosed with cancer or another serious health condition while using a recalled Philips CPAP, BiPAP, or ventilator machine, you may be entitled to compensation.

If you have a claim, you may be eligible to recover compensation for healthcare expenses, lost wages or benefits, childcare costs, and pain and suffering. Our experienced team at Lipsitz, Ponterio & Comerford, LLC, can help determine your eligibility for a Philips CPAP recall lawsuit.

However, there are strict time limits to file  a claim in  New York State. The statute of limitations for a personal injury action based on a defective medical device generally requires that an action be commenced within three years of the date of discovery. Even so, the statute of limitations often depends on the particular facts of your case. If you used a recalled CPAP device, such as the DreamStation, and experienced a health-related issue, please call us to discuss your potential claim.

File a Philips CPAP Recall Lawsuit with Our Experienced Team

Lipsitz, Ponterio & Comerford, LLC is now accepting CPAP litigation cases. As your trusted attorneys, we will fight to seek compensation for your injury or illness so that you don’t have to fight alone. We will handle everything your case requires, from gathering evidence to building a strong legal strategy. With decades of experience and a proven track record of success, we skillfully navigate the complexities of personal injury cases, ensuring you receive the best possible outcome from your Philips CPAP recall lawsuit.

Your first step towards justice begins with a free consultation to review the specifics of your case and determine your eligibility for a CPAP lawsuit. Our compassionate attorneys are here to support you and hold Philips Respironics accountable for their defective breathing assistance products.

Contact our firm today to learn more about filing a lawsuit against Philips for their defective CPAP devices.