The US Food & Drug Administration announced that 561 deaths are believed to be connected to various breathing devices by Philips, including CPAP machines that are meant to treat sleep apnea. The manufacturer has already recalled millions of these devices due to repeated incidents of foam deterioration within the unit. This can cause bits of broken foam and gas to enter the airways while it’s in use, resulting in headaches, respiratory distress, and other health issues. Even more concerning is the possibility of cancer risks associated with prolonged exposure to these contaminates.
The medical device manufacturer has agreed to stop selling the recalled devices in the U.S., but this is too little, too late for those who suffered injuries or lost someone they loved due to a serious defect. Philips says that they have conducted the necessary tests and have found no conclusive evidence connecting their breathing devices to serious injury or death. However, it’s unlikely that the FDA would have made their recent announcement if there were no compelling circumstances to indicate that this is a dangerous product.
Were you or someone you know injured from a recalled Philips CPAP or BiPAP sleep therapy device? Did your family member or spouse die from complications associated with foam deterioration in a Philips sleep apnea machine? The product injury lawyers of Normandie can help you take action against the manufacturer and receive the compensation you deserve by law. Call us today and schedule a free case evaluation if you suffered harm from a defective breathing machine made by Philips.
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Philips Sleep Apnea Machine Recalls: A Brief History
The recall on Philips sleep apnea devices began in 2021, after the company received complaints of foam and gas blowing into people’s airways while the machine was in use. Since the recall began, there have been over 110,000 consumer complaints, including 561 reports of death, according to the FDA.
Initially, the company recalled around 5 million CPAP machines and attempted to repair them, but those units were eventually recalled due to continued problems with foam deterioration. As a result, dozens of legal cases were filed, which were eventually consolidated into a class action lawsuit. Philips agreed to a tentative settlement to compensate victims, and those who are eligible have until August 9, 2024 to submit a claim.
The problem is, the money that’s been set aside by Philips is to compensate victims for returning the product and covering any out of pocket expenses to buy or rent a recalled device. Obviously, this is far from a sufficient remedy if you’ve been injured or lost a loved one because of the manufacturer’s negligence.
Can I File a Lawsuit against Philips for a Defective Sleep Apnea Machine?
Yes, you can sue Philips or any other manufacturer if their negligence caused you bodily harm. Alternatively, you can file a claim for wrongful death if your family member or spouse died as a result of health complications from a recalled breathing device by Philips.
As we mentioned before, there is a settlement agreement between Philips and U.S. regulatory agencies to provide compensation to people that own or rent a recalled sleep apnea device. But this is a nominal payment to cover the costs of returning the machine and/or having it replaced. Patients who were injured or family members of deceased patients are owed much more in the form of personal injury compensation.
The good news is that filing a claim for a portion of the current settlement offered by Philips does not take away your right to sue for personal injuries. However, filing a lawsuit or joining a class action claim for a defective product is a complicated process, so please seek help from a product recall lawyer at our office.
Average Value of a Wrongful Death Lawsuit against Philips
On average, settlements for a wrongful death claim fall between $500,000 and $2,500,000. But the actual amount you can receive depends on many personal details, like the age of the victim, your relationship to the decedent, and their role in the family. That’s why we have had wrongful death benefits cases that were settled for over $5,000,000, though this is admittedly on the higher end of the spectrum.
A crucial factor in settlement values is monetary damages, i.e., the categories of compensation you are eligible to receive. Payments from a wrongful death lawsuit may include:
- Medical expenses
- Funeral / burial costs
- Lost savings and benefits associated with the decedent
- Mental anguish / pain and suffering
- Loss of consortium
- Legal fees
How Long Do these Cases Take to Settle?
Product liability lawsuits usually take 1 to 2 years to settle, but there are certainly cases that are resolved within a few months. However, building a strong case for manufacturer negligence takes time and effort, not to mention complying with state laws and court requirements. Then, there is the amount of time that’s required to negotiate a fair amount of damages.
Please note that more than 95% of these lawsuits are settled, meaning that the case is not tried in court. If a trial is needed, settling a Philips recalled sleep apnea device claim can take 3 or more years. Again, court intervention is very rare with these cases, but the process of reaching a settlement usually takes 12 or more months, even without a trial.
Statute of Limitations for a Product Liability Lawsuit
Under California law, lawsuits for wrongful death must be filed no later than 2 years after the date of your loved one’s passing. If you fail to submit a claim by the 2-year deadline, your right to sue Philips will be invalidated by the courts. Our attorneys are ready to help and ensure that your paperwork is filed within the statute of limitations for a recall product injury lawsuit. If you would like to confirm the deadline for a lawsuit or have any other questions regarding your rights and legal options, don’t hesitate to contact us.
Contact a Product Defect Injury Attorney
Clearly, there is no amount of money that can compensate you for losing a family member or spouse. However, a lawsuit is meant to cover the losses that you’ve incurred due to a product manufacturer’s negligence. In addition, a legal action sends a powerful message to other companies that taking shortcuts and releasing dangerous products on the market will not be tolerated.
Our legal team is more than ready to take on your case and fight for every penny you deserve. After a free consultation, you can decide if suing Philips for a recalled sleep apnea machine is right for you. We have a contingency fee structure known as the Zero Fee Guarantee, so you pay $0 out of pocket to hire us. All legal fees are paid by Philips as a condition of winning your lawsuit. In other words, you owe us absolutely nothing if we don’t recover your settlement award.
Call us anytime to schedule a free case review or free second opinion if you or someone you know was negatively impacted by a Philips sleep therapy device or CPAP machine.
