CPAP Lawsuit Attorneys in New York City


Millions of Americans have used Continuous Positive Airway Pressure (CPAP) devices to treat sleep apnea, a disorder in which a sleeping person stops breathing periodically. On June 14, 2021, one of the major manufacturers of CPAP devices, Philips, announced a voluntary recall of millions of its CPAP machines.

As part of this recall, Philips disclosed that they have identified serious risks associated with using their CPAP devices, including an increased risk of contracting cancer.

According to the manufacturer, all of the recalled CPAP devices contain “polyester-based polyurethane (PE-PUR) sound abatement foam.” Evidence suggests that this material is dangerous to patients. The sound abatement foam degrades over time and ultimately disintegrates, releasing foam particles into the user’s airway. The degrading foam also releases gases, causing CPAP users to inhale toxic chemicals.

According to Philips, the sound abatement foam is more likely to degrade when cleaned using unapproved methods, and high heat and humid environments also increase degradation. Unfortunately, both the particles and gas released by disintegrating sound abatement foam are carcinogenic to humans.

Many of the defective CPAP and Bi-Level PAP devices are part of the DreamStation product line, according to Philips. The company did not disclose the potential hazards of using the devices in its user manuals. Although Philips has taken action to eliminate the health risks caused by the sound abatement foam, many users have already been exposed and sustained serious illnesses caused by the defective products.

If you were diagnosed with cancer after using a Philip’s CPAP device, you might be entitled to compensation for related medical expenses, lost earnings, and pain and suffering. You can hold the Philips corporation accountable for their negligence by contacting one of our experienced CPAP lawsuit attorneys at Finz & Finz, P.C. Our attorneys can explain your options and aggressively pursue the compensation that you need and deserve.

Health Hazards of Philips CPAP Machines

If you have a recalled Philips CPAP or Bi-Level PAP sleep apnea device, discontinue its use immediately and seek medical care to rule out any related illnesses. Patients have reported a number of health conditions caused by disintegrating sound abatement foam in these devices. Some of the common health hazards associated with these defective devices include:

Particulate Exposure Hazards:

  • Cancer
  • Respiratory issues
  • Inflammation
  • Coughing
  • Internal organ damage
  • Irritation of eyes, skin, and respiratory system
  • Headaches
  • Toxicity
  • Chest tightness
  • Sinus pressure

Gas Inhalation Health Hazards:

  • Cancer
  • Headaches
  • Toxicity
  • Nausea and vomiting
  • Hypersensitivity
  • Irritation of eyes, skin, and respiratory system

If you have experienced any of these symptoms, seek immediate medical care and consider contacting a lawyer to demand compensation from Philips – compensation that you deserve.

Which Devices Were Recalled?

Philips issued a voluntary recall of millions of CPAP and Bi-Level PAP devices manufactured before April 26, 2021. These products include:

Mechanical Ventilators

Continuous Ventilator:

  • Trilogy 100 Ventilator
  • Trilogy 200 Ventilator
  • Garbin Plus, Aeris, LifeVent Ventilator

Continuous Ventilator, Minimum Ventilatory Support, Facility Use:

  • A-Series BiPAP Hybrid A30 (not marketed in the US)
  • A-Series BiPAP V30 Auto Ventilator

Continuous Ventilator, Non-Life Supporting:

  • A-Series BiPAP A40 (not marketed in the US)
  • A-Series BiPAP A30 (not marketed in the US)

CPAP and BiLevel PAP Devices

Continuous Ventilator, Minimum Ventilatory Support, Facility Use:

  • E30 (Emergency Use Authorization)

Continuous Ventilator, Non-Life Supporting:

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus (In-Lab Titration Device)

Non-Continuous Ventilators:

  • SystemOne (Q series)
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation GO CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE Auto CPAP

You can find photographs of these devices on the Philips website. If you use any of the voluntarily recalled devices, it’s imperative to stop using it immediately and seek a medical evaluation, even if you haven’t experienced any symptoms. If you have suffered symptoms or illnesses because of the device, you could be entitled to compensation.

What If I Was Diagnosed with Cancer After Using a Philips CPAP?

Philips conducted an analysis of its products after reports surfaced that the devices were hazardous to human health and found that users of the affected CPAP devices risked headache, irritation, inflammation, respiratory issues, hypersensitivity, nausea, and vomiting due to exposure to foam particulates and gases released by the machines. Recent reports also disclosed potential toxic and carcinogenic effects of the degraded foam. If you developed cancer after using a Philips CPAP device, you might be owed financial compensation from the manufacturer.

What If I Was Diagnosed with Another Injury or Illness?

Many other adverse health effects are associated with Philips CPAP devices. Even if you were not diagnosed with cancer, you could still seek compensation to cover costs related to your injury or illness.

Take the following steps if you suspect you have a CPAP-related illness:

  • Consult with your physician. It’s vital to seek immediate medical care for any Philips CPAP device illness or injury.
  • Preserve evidence. Inspect your CPAP device for any foam debris in the airway. If you see any evidence of degradation, take photos to share with your lawyer.
  • Consult with a seasoned CPAP lawsuit attorney to review your legal options for compensation.

Types of Lawsuits Filed Against CPAP Manufacturer Phillips

Recent defective product lawsuits against Phillips, the manufacturer of the recalled CPAP devices, have set forth two primary claims:

  • Defective Design: Users of the recalled CPAP machines have filed lawsuits against Phillips alleging that the machines were dangerous and defectively designed. These cases allege that the sound abatement foam used inside the CPAP machines are carcinogenic (causes cancer) and that there was a reasonably safer alternative design for the machines that would not have placed the public at such great risk.
  • Failure to Warn: Lawsuits have also alleged that the company knew the CPAP machines were dangerous and cancer-causing, but failed to warn the public until it was too late. The CPAP machines underwent significant testing and evaluation before the devices were placed on the market, yet Phillips never alerted its customers to the risks associated with the degrading and dangerous toxic foam, despite allegations that CPAP users had been complaining about significant health issues caused by the toxic foam for years.

Compensation for CPAP Lawsuits

If you were diagnosed with cancer or another adverse health condition after using a Philips CPAP device, you might be entitled to compensation for related financial and non-financial losses, including:

  • Medical expenses related to injuries sustained from the device
  • Lost income if your condition prevents you from working
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium or companionship
  • Punitive damages, if deemed appropriate

Contact Our Experienced CPAP Lawsuit Attorneys in New York City Today

If you used a Philips CPAP machine to treat sleep apnea and later developed cancer or other adverse health effects, you might be eligible to file a lawsuit against the Philips corporation to recover compensation for expenses related to your illness or injury.

At Finz & Finz, P.C., our dedicated CPAP lawsuit attorneys have the knowledge and the resources to demand that negligent corporations take responsibility for the hazardous devices they manufacture. Our defective CPAP lawyers will review your claim, collect evidence to support your case, and work tirelessly to help you seek the compensation you’re owed. Contact us today for a free case review.