CPAP lawsuit is a claim filed for damages caused by recalled CPAP, mechanical ventilators, and BiPAP. These are linked to design defects causing users to inhale or ingest degraded polyurethane foam particles. Continuous use of defective devices leads to severe side effects such as cancer and respiratory complications. This creates the need to hire a lawyer to help the victim get compensation for lost wages, medical bills, and pain and suffering following CPAP use.
What is CPAP?
CPAP is a device designed to provide uninterrupted therapeutic airflow during sleep, and it’s an effective treatment for obstructive sleep apnea (OSA). This device delivers pressurized airflow via a mask that covers the nose and mouth during sleep.
Essentially, CPAP manufacturers had been on notice of the potential hazard and failure to recall and warn customers. On 28 July 2013, ten years after the first publication of the problem on the Internet, Philips Respironics recalled all affected ResMed machines manufactured earlier than 2003 because they used polyurethane foam for cushioning purposes. On the other hand, ResMed machines manufactured before September 2008 were recalled because they used polyether foam as cushioning material.
The design defect in Respironics’ CPAP machine was discovered by Andrew Thompson, a former customer who complained of respiratory complications after years of using the ResMed S8 Elite BiPAP. He tested many failed CPAP machines and found that Extended Life Tubing (ELT) is degrading prematurely, causing severe health problems.
In the briefing by Philips Respironics, it was said that they were aware of the problem and made efforts to address them. However, there was no remedy because the defective device couldn’t clearly determine when and where a user would inhale degraded polyether foam particles. It is also stated that Philip Respironics did not recall any affected product after the first report of side effects in 2005.
The poor warning label was allegedly cleared for production by the Food and Drug Administration (FDA). The FDA is responsible for ascertaining that medical devices are safe and effective before they go to market. It’s also their responsibility to inform the public about any product risks, complications, or side effects.
How can Hiring a Lawyer Help
If you want to file a CPAP lawsuit, hiring a personal injury attorney that handles these types of cases is necessary, because they’ll help you to claim damages caused by defective products. It is important because you need to show the manufacturer or guilty party’s negligence, failure to inform users about the risks, and failure to comply with FDA standards.
A qualified lawyer will take care of your case by filing a complaint against the manufacturer on your behalf. This is done after thorough research of the product’s label and safety warning label. This way, your attorney will be able to show that the manufacturer failed to warn you about known risks or complications with your CPAP machine.
How much Compensation is Possible?
After reviewing your case, it can be established that you experienced serious health complications resulting from the use of a defective CPAP machine. This included cancer diagnosis, respiratory infections, blood pressure elevation, and heart rhythm abnormalities.
In this case, your attorney will be able to show clear negligence from the manufacturer as they were on notice of the patient’s health problems related to their defective device. In fact, manufacturers themselves have been aware of the risk but failed to warn users about it.
In this case, your attorney will establish the extent of your medical bills and lost income. This way, it’s possible to get a significant amount of compensation from the manufacturer for your pain and suffering.
In order to file a CPAP lawsuit against a party on behalf of a client, an attorney needs to have a specific standing in court. This is done to prove that you don’t have a direct relationship with the party and your attorney is not acting for personal interests.
