CPAP Cancer Claim Eligibility for Injured Consumers

Philips, one of the most famous manufacturers of sleep apnea machines and ventilators, has recently recalled approximately 4 million breathing devices because they contained polyurethane foam to soften the sound and vibration made by these products.

The polyurethane foam deteriorates and breaks down over time and can enter the air pathway of the device, resulting in users inhaling and ingesting black debris and various chemicals, which can lead to numerous severe health problems, including cancer. For this reason, the Dutch company issued a recall notification on July 14, 2021, to mitigate the potential health risks associated with exposure to polyurethane foam.

While there have not been any deaths caused by these defective devices so far, people who have been using Philips sleep apnea machines and ventilators are at high risk of developing a serious disease. However, the company acknowledges the health risks of exposure to polyurethane foam, which are "headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects," according to Philips. Furthermore, it stated that it will soon replace the polyurethane foam with a safe, non-toxic material. The complaint rate concerning these devices was very low, namely 0.03% last year.

The sleep apnea machines and ventilators Philips voluntarily recalled are the following:

• Philips CPAP (Philips Continuous Positive Airway Pressure)
• Philips BiPAP (Philips Bi-Level Positive Airway Pressure)
• Philips ASV (Philips Adaptive Servo Ventilation)

It is worthy of note that the vast majority of recalled products are in the first generation of the DreamStation product family, but the newly launched DreamStation 2 is not affected by the presence of polyurethane foam. Philips is currently working on a registration process that will allow the users of these defective devices to look up the serial number of their product and file a claim if it contains polyurethane foam. The sleep apnea machines and ventilators that are defective have been manufactured before April 26, 2021.

If your health was affected by one of the faulty Philips sleep apnea machines or ventilators, it is important to know that you can file a claim with the company to recover financial compensation for your diagnosis, a process with which we will gladly assist you. Our expert team will thoroughly review your situation and eventually let you know if you qualify for filing a claim with Philips to receive the money you deserve for your suffering. To find out more about the eligibility requirements and the diagnoses for which you can seek compensation, please continue to read the information below.

What Diseases Can Exposure to Polyurethane Foam Cause?

The urethane in polyurethane foam is a probable carcinogen and can thereby lead to the development of various malignant diseases. Inhaling urethane can irritate the nose and the throat, mild exposure may cause nausea, vomiting, dizziness, lightheadedness, and passing out, and heavy exposure can damage the kidneys and the liver and may also affect the bone marrow and the brain. Nevertheless, if you were exposed to polyurethane foam from a Philips sleep apnea machine or ventilator, you become eligible for compensation only if you have one of the following diseases:

• leukemia
• breast cancer
• lymphatic cancer
• liver cancer
• nasal cancer
• lung cancer
• non-Hodgkin lymphoma
• brain cancer
• multiple myeloma
• prostate cancer
• bladder cancer
• testicular cancer
• stomach cancer
• hematopoietic cancer
• papillary carcinoma and thyroid cancer

According to the 2015 publication "A to Z of D-Toxing" of the National Association of Fire Marshals, polyurethane foam is also known as "solid gasoline," which speaks volumes about how toxic it really is. When the polyurethane foam in a Philips sleep apnea machine or ventilator disintegrates, it releases the following off-gases, which are the by-products of chemical reactions:

• benzene: a chemical that can damage the DNA of a cell and can lead to leukemia, breast cancer, hematopoietic cancer, and lymphatic cancer
• formaldehyde: it can cause nasal cancer if regularly inhaled
• methylene chloride: also known as dichloromethane, it can cause lung cancer, non-Hodgkin lymphoma, liver cancer, brain cancer, and multiple myeloma
• PFOS: as a group of fluorinated chemicals from the PFAS category, they can lead to prostate cancer, breast cancer, liver cancer, kidney cancer, bladder cancer, pancreatic cancer, and testicular cancer
• solvents: they may lead to stomach cancer, lung cancer, bladder cancer, and hematopoietic cancer
• volatile organic compounds: also known as VOCs, they can cause nasal cancer
• flame retardant: it can lead to the development of learning disabilities, lower IQ levels, as well as thyroid cancer and liver cancer

The Eligibility Criteria for Filing a Philips CPAP Cancer Claim

To become eligible for filing a claim for a defective Philips sleep apnea machine or ventilator, you must meet a series of criteria, which are:

• you must have used your device for 6 months or longer
• you must have a disease that was directly caused by the polyurethane foam in the device
• you must file your claim within the statute of limitations

If you check all of these requirements, we strongly encourage you to contact the team of Atraxia Law to have your situation carefully assessed. We are here to make the legal process considerably easier for you by determining whether you qualify for seeking compensation for your diagnosis from the liable company.

In the fortunate event that you are eligible, you will receive compensation for the following:

• medical expenses, such as hospital stays, medication, doctor’s appointments, and the new breathing device you have to purchase to replace the defective one
• lost wages, for having to take a break from work because you were too ill
• pain and suffering, that were caused by the disease you came to struggle with as a result of using Philips’ defective product
• loss of future earnings, if you will not be able to return to work due to the severity of your disease

What Are the CPAP, BiPAP, and ASV Devices that Have Been Recalled by Philips?

Because the company has recalled over 4 million sleep apnea machines and ventilators, it should come as no surprise that the specific models that they took off the market are numerous, including the following:

• SystemOne Q Series
• DreamStation CPAP, Auto CPAP, BiPAP
• DreamStation GO CPAP and APAP
• REMStar SE Auto CPAP
• DreamStation ASV
• DreamStation SV/AVAPS
• SystemOne ASV4
• C Series ASV, S/T, AVAPS
• E30 Continuous Ventilator
• Trilogy 100 Ventilator
• Garbin Plus, Aeris, LifeVent Ventilator
• A-Series BiPAP V30 Auto

Therefore, if you have been using one of these devices, you should immediately consult with your doctor to find a safe alternative for treating your sleep apnea. It is very important to know that you should not interrupt the use of your device until you talk to your physician, as untreated sleep apnea can lead to plenty of serious health complications, such as heart failure, stroke, and high blood pressure.

The Statute of Limitations for Philips CPAP Cancer Claims

Referring to the timeframe within which you must file your product liability claim, the statute of limitations for the defective sleep apnea Philips devices is 3 years from the moment of diagnosis in the majority of states. Nonetheless, it ranges between 1 and 6 years, so, depending on where you live, it may be shorter or longer.

This is the reason why we highly recommend you to reach out to Atraxia Law as soon as you find out about your disease, as the process of evaluating your case is quite complex and tedious. If you fail to file your claim within the statute of limitations, you permanently lose your right to compensation.

File Your Philips CPAP Cancer Claim with Our Expert Assistance

With over 35 years of experience in assessing personal injury and product liability claims, our team of professionals is here to provide you with the assistance you need if you came to struggle with cancer as a consequence of using a defective Philips sleep apnea machine or ventilator. The only documents you will have to send us are proof of you owning the product and your medical records that mention your diagnosis.

We will thoroughly assess your situation to determine if you are eligible for filing a claim with the company. If you are, we will promptly guide you to a specialized attorney so that you can proceed with the legal process. Not only will filing a claim result in significant financial compensation for you, but it will also hold responsible the company for having included the polyurethane foam in their products.