CPAP mask device

On June 14, 2021, Philips ordered a nationwide recall of their Continuous Positive Airway Pressure (CPAP) devices, along with most of their other devices, that were made before 2021. Continue reading to learn why this recall was ordered and how an experienced Washington, D.C. product liability lawyer at Simeone & Miller, LLP can help you navigate your legal options.

What is the Philips CPAP device?

Simply put, the Philips CPAP device is a form of positive airway pressure ventilation, in which a constant level of pressure is continuously applied to the upper respiratory tract of an individual. This device is commonly prescribed to individuals who suffer from sleep apnea and other sleep-related breathing disorders.

The Philips CPAP devices made before 2021 used polyester-based polyurethane (PE-PUR) sound abatement foam. This was intended to reduce the sound and vibration that this device produces. Though, it was later found that, if PE-PUR sound abatement foam breaks down, black debris from the foam and certain chemicals may be released into the device’s air pathway and ultimately may be inhaled or swallowed by the user. Such exposure may lead to serious adverse events, such as irritation, inflammation, headaches, asthma, hypersensitivity, nausea, and more.

What else should I know about the Philips CPAP recall?

Unfortunately, the FDA has recorded approximately 980,000 health events and 350 deaths due to the recalled CPAP devices. These serious, if not fatal, health issues include the following:

  • Pulmonary fibrosis.
  • Kidney and liver damage.
  • Lung damage.
  • Acute respiratory distress system.
  • Reactive airway disease.
  • Heart attack or heart failure.
  • Chemical poisoning.
  • Pleural effusion.
  • Certain types of cancer.

Importantly, this lawsuit is fairly new. So over time, lawyers and scientists are sure to unearth additional health issues that these recalled CPAP devices have caused.

What is the statute of limitations for a Philips CPAP recall lawsuit?

There is currently a class-action lawsuit against Philips regarding their CPAP recall. So, if you owned a Philips CPAP device made before 2021, used it for more than six months, and incurred a serious health issue as a result, then you may be entitled to receive a monetary reward.

Significantly, in Washington, D.C., the statute of limitations for a personal injury claim such as yours is three years. However, this does not mean three years from the date in which you purchased or began using your CPAP device. Rather, this means three years from the date of the recall on June 14, 2021. This means that you likely have until June 14, 2024, to bring your claim forward.

There are certain exceptions that may shorten or extend this deadline for you. This is why we recommend that you reach out to a skilled Washington, D.C. injury lawyer sooner rather than later. We look forward to collaborating with you on this case.