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Bilevel Positive Airways Pressure (BIPAP), as well as Continuous Positive Airways Pressure (CPAP), are used in the treatment of sleep apnea. The machine delivers a pressurized mask over the nose and mouth to maintain the airway during sleep.

What is the Philips BIPAP & CPAP Machine?

Philips, a multinational healthcare company that produces a large range of medical gear, issued a recall in June of 2021 on millions BIPAPs and CPAPs because of potential health hazards

Potential Health Hazards

Recent reports suggest that some Philips BIPAP & CPAP devices may release harmful substances into the air. These chemicals could potentially cause respiratory issues. These chemicals are foam particles and volatile compounds (VOCs), that can be emitted from the machines sound-reducing foam.

In addition, foam can degrade, discolor or crumble over time. This could lead to users inhaling or swallowing small pieces. This can cause lung irritation and blockages in the digestive system.

Philips BIPAP & CPAP Machines can also pose health risks.

  • Irritation to the eyes and nose
  • Headaches
  • Nausea
  • Dizziness
  • Skin irritation

Understanding Philips’ negligence

Philips has confirmed that their BIPAP or CPAP machines can release harmful particles when the foam component degrades. These particles can cause serious complications in health, including cancer, respiratory issues, and even death. Philips sold the machines for years despite its knowledge of this issue.

What Can You Do?

If you use Philips BIPAP and CPAP machines and experience any of these symptoms, seeking medical help is vital. Your doctor may advise that you discontinue use of the device and perform tests to evaluate respiratory and digestive health.

You may be eligible to sue Philips, which manufactures these machines. In a lawsuit, you can ask for compensation for medical bills, lost wages, pain and suffering, and other damages resulting from using a defective device.

How Can I Tell If I Am Eligible To Bring A Philips BIPAP & CPAP Case?

If you or a close family member have experienced adverse health consequences from using a Philips BIPAP/CPAP device, you might wonder if a lawsuit is available.

Medical Diagnosis And Treatment

You must have a diagnosis relating to the use of these devices. This means you need to have a documented medical problem that was either caused by or worsened due to the use of the device. Lung damage, respiratory distress, and neurological problems are all examples of medical conditions you may qualify for.

Documentation on Device Usage

You must have a diagnosis from your doctor and documentation that you are using the Philips BIPAP/CPAP. This includes receipts from the doctor, proof of your purchase, and records about your usage. This documentation helps establish a linkage between the medical condition and your device.

The Timing of Filing a Lawsuit

When determining if a Philips BIPAP CPAP or a lawsuit is applicable, the timing of filing the suit is an important factor. There is generally a statute of limitation that limits the amount of time you can file a suit. 

Injuries and Damages

To be eligible, you need to have suffered damages and/or injuries as a consequence of using a Philips BIPAP/CPAP machine. This includes both physical and monetary damages.

Types Of Lawsuits: Filing A Claim Against Philips

If you, or a relative, have been diagnosed after using Philips BIPAP/CPAP machines and you are suffering from health problems you may be entitled to compensation. Philips is facing lawsuits by patients who allege their machines caused severe health problems. Here’s what to know about the kinds of lawsuits against Philips.

Product Liability Lawsuits

When a defective or harmful product is sold, a lawsuit for product liability may be filed. Patients who claim to have used Philips BIPAP/CPAP machines allege the machines were designed and manufactured defectively, and Philips did not warn them about the risks involved with using the machines. If you or a relative has suffered injuries due to the use of Philips BIPAP/CPAP machines, a product liability suit may be available.

Medical Malpractice Cases

You may be able to bring a medical malpractice suit if a healthcare practitioner failed to properly diagnose your health problem related to Philips BIPAP/CPAP machine use. You could file a claim for medical malpractice if, as an example, your doctor misdiagnosed or failed to recognize symptoms of sleep apnea, and, as a result, caused you harm by using the machine.

Class Action Lawsuits

Class action lawsuits will be filed if a large group has been harmed by a product. Philips BIPAP/CPAP machine class action suits have been filed in several cases. You may be eligible for a class action suit if you have been harmed by using these devices.

Mass Tort Lawsuits

Mass tort suits are brought when a group of people has suffered harm, but it is more individualized. Philips BIPAP/CPAP has been the subject of mass tort litigation because of the variety of injuries that have been reported by patients. If you have been injured or a relative has been injured after using these devices, you may qualify to join mass tort lawsuits.

What Can You Expect From a Philips BIPAP & CPAP Lawsuit?

Are you considering a Philips BIPAP & CPAP lawsuit? Here’s a breakdown of the legal process:

  • Your lawyer will prepare information and evidence that will support your case. This may include medical data, machine usage data, and expert opinion.
  • Filing: After consulting with your lawyer, he will draft and file the complaint which outlines all of your allegations. Philips can then respond to the complaints.
  • Discovery: Both the plaintiff and defendant will exchange evidence and information in a discovery process. This may involve depositions as well as written questions and requests to produce documents.
  • Negotiation – Before going to trial, the parties may try and reach an agreement through negotiation. This may be a lengthy and back-and-forth process.
  • Trial: The case will move to trial if neither party can reach a settlement.

Compensation in Relation to Philips CPAP & BIPAP Lawsuits

Compensatory Damages

Compensatory compensation is intended to compensate victims for losses they suffer as a result. Compensation damages in a Philips BIPAP & CPAP lawsuit may include

  • Medical Expenses: This can include current, past and future medical bills related to the injury.
  • Compensation: Compensation for lost wages may be available if the victim was forced to miss work because of the injury caused to them by the defective device.
  • Pain and Suffering: Compensation for the physical and mental suffering caused by injury.
  • Loss of Enjoyment of Life: If the injury has affected a victim’s ability to live a full life, compensation may be available for this loss.
  • Wrongful Death: If the victim was killed by a defective product, his family may be entitled to compensation.

Punitive Damages

Punitive penalties are not awarded for every case. They are usually only awarded where the defendant’s conduct was particularly egregious.

Settlements

Philips BIPAP & CPAP Lawsuits are often settled out of court before going to trial. In a settled case, the defendant pays the victim a specific amount of cash in exchange for the victim dropping their lawsuit. Settlements provide compensation to victims without the need for a lengthy trial.

Role And Responsibilities Of A Lawyer When It Comes To Philips BIPAP & CPAP Cases

  • A lawyer can, first and foremost, help you navigate the system and ensure your rights are protected. They can offer guidance on how to proceed with your case, how to gather proof, and how you present it in court.
  • A lawyer could also help you to negotiate a settlement agreement with Philips. It can be faster and less stressful than going to trial. They can assist you in determining a fair compensation amount based on your injuries and damages.
  • A lawyer will also fight for your rights throughout the legal process. They can give you emotional support, answer any questions, and inform you of any developments or updates regarding your case.

It is important to choose a Philips BIPAP/CPAP lawyer who specializes in and has experience handling these types of lawsuits. Find a law firm with a history of success and a staff of dedicated attorneys that will fight for your case.

Why Choose Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.?

You may be entitled to compensation if you or a relative has been using a Philips BIPAP, CPAP, or a similar machine and suffered health issues. Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. is here to help. 

Our experienced attorneys understand the complexities of these cases. They have handled numerous cases involving Philips BIPAPs or CPAPs. We know exactly what evidence is required to build up a strong case and fight for you to receive the compensation you deserve.

Our firm will give you a personalized service from a team dedicated to legal services. We will handle the entire case, from gathering all evidence to negotiating and fighting on your behalf with insurance companies.

Don’t let legal fees scare you away from seeking justice. Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. operates on a contingency basis, which means you only pay us if we win. This allows us to handle the legal part of your case while you focus on getting better.

Contact us today to schedule your free consultation. 

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