CPAP MACHINE LUNG CANCER LAWSUIT

INFO SHEET

On June 14, 2021, Philips manufacturing voluntarily recalled four million CPAP machines, Bi-Level PAP machines, and mechanical ventilator machines.  The basis for the recall is due to a dangerous condition that may be caused by the sound abatement foam liners which are made from a polyester-based polyurethane material.  This substance is called PE-PUR and can degrade into particles that CPAP users inhale or ingest.  PE-PUR can release toxic chemicals that are carcinogenic into the body as well.  These chemicals are Diethylene glycol, Toluene Diisosycanate, Toulene Diamine and Phenol Dimethyl Diazine.

Philips issued a press release stating the following dangers as the reason for the recall:

These issues can result in serious injury which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment.

Injuries which may be attributable to the Philips CPAP, Bi-Level PAP and mechanical ventilator machines are:

• Respiratory irritations and illness
• Headaches
• Lung inflammation
• Lung Cancer and carcinogenic risks
• Adverse Liver and Kidney issues
• Coughs, Nausea and Vomiting

The Philips machines involved in the recall are:

1. A-Series BiPAP A30 (mechanical ventilator – continuous – non-life supporting)
2. A-Series BiPAP A40 (mechanical ventilator – continuous – non-life supporting)
3. A-Series BiPAP Hybrid A30 (mechanical ventilator – continuous –  minimum ventilatory support – facility use)
4. A-Series BiPAP V30 AutoVentilator (mechanical ventilator – continuous –  minimum ventilatory support – facility use)\
5. C Series ASV, S/T, AVAPS (continuous ventilator, non-life supporting)
6. Dorma 400, 500 CPAP (non-continuous ventilator)
7. DreamStation ASV (continuous ventilator, non-life supporting)
8. DreamStation CPAP, Auto CPAP, BiPAP (non-continuous ventilator)
9. DreamStation Go CPAP, APAP (non-continuous ventilator)
10. DreamStation ST, AVAPS (continuous ventilator, non-life supporting)
11. E30 (under emergency use authorization – continuous ventilator, minimum ventilatory support, facility use)
12. Garbin Plus, Aeris, LifeVent Ventilator (mechanical ventilator – continuous)
13. OmniLab Advanced Plus In-Lab Titration Device (continuous ventilator, non-life supporting)
14. REMStar SE AutoCPAP (non-continuous ventilator)
15. SystemOne ASV4 (continuous ventilator, non-life supporting)
16. SystemOne Q series (non-continuous ventilator)
17. Trilogy 100Ventilator (mechanical ventilator – continuous)
18. Trilogy 200Ventilator (mechanical ventilator – continuous)

HOW TO MAKE A CLAIM

First, Randall & Schumacher, P.A.  firm makes NO CLAIMS AGAINST ANY PHYSICIANS.  Your doctor will not be involved and will not have a lawsuit filed against him or her.

Second, Randall & Schumacher, P.A.  has nearly 25 years-worth of experience in defective medical product litigation.  In fact, Randall & Schumacher, P.A.  has actually filed lawsuits and achieved settlements for  numerous people who were injured by defective medical products and drugs.  Our previous experience includes lawsuits representing persons injured by defective hip implants, defective transvaginal mesh implants, defective Essure birth control implants, pain pump implants, in addition to many other defective medical devices and pharmaceuticals.

STEP ONE:

Randall & Schumacher, P.A.  will send you forms to verify your Philips machine model and to have you employ Randall & Schumacher, P.A.  as your attorney.  Randall & Schumacher, P.A.  works nationwide for clients and will file your case in a nationwide MDL court.  Unlike regular personal injury lawsuits, you will most likely not have the opportunity to file a claim in your local courthouse because of the Federal MDL law governing defective products.

STEP TWO:

You return the forms and verify your Philips machine model.  Randall & Schumacher, P.A.  will order your medical records to confirm your CPAP injuries related to the recall.  We may ask you to assist in gathering your pertinent medical records.   If you qualify,  Randall & Schumacher, P.A.  will then file your claim in the appropriate jurisdiction and begin to pursue a recovery on your behalf.

WHAT ARE THE ATTORNEY FEES?

Randall & Schumacher, P.A.  has a retainer of 40% of the Gross Recovery received plus reasonable out-of-pocket expenses that we spend pursuing your case.  The fee percentage is negotiable and not set by law.  The fee percentage for defective devices is a little higher than standard automobile injury cases because the cases are more complex and generally take more time and effort to pursue on your behalf.   You pay no money to Randall & Schumacher, P.A.  if you do not receive a settlement.  There is no risk to you for pursuing this litigation.  Randall & Schumacher, P.A.  pays all attorneys employed out of the 40% fee so you keep 60% less expenses and any health insurance liens that may arise.

HOW LONG WILL THIS TAKE?

Good question.  The Philips CPAP machine recall just occurred.  Randall & Schumacher, P.A.  has experience with product recalls and typically these lawsuits take 2-3 years from the date of the recall to resolve, but they could occur earlier.  Filing your claim early is critical to success because Randall & Schumacher, P.A.  has seen manufacturers refuse to pay claims that are filed late.

IS THIS WORTH MY TIME?

Randall & Schumacher, P.A.  has been asked this question many times by clients.  The answer is YES.  Randall & Schumacher, P.A.  will do almost all of the work for you and you could receive a substantial settlement depending on the severity of your injuries attributable to the CPAP machine lawsuits.  Randall & Schumacher, P.A.  can make no guarantees of any settlement, however, the only way to participate in the litigation is to file a claim.  Therefore, we strongly recommend filing a claim.  The amount of money you may receive will depend on a number of factors including how many people file a claim, how many people allege the most serious level of injuries and how favorable the litigation is for Claimants such as yourself.

CONTACT RANDALL & SCHUMACHER, P.A.  FOR MORE QUESTIONS BY PHONE.  You can reach us Monday through Friday, 8:00-5:00 p.m. Central time at 612-767-7500 or 800-774-0757.   Or email attorney Matt Schumacher directly at [email protected] or attorney Stephen Randall at [email protected].

We do our best to return emails the same day and will always return your telephone call.

*Attorneys, Matt Schumacher and Steve Randall practice in nationwide MDL lawsuit proceedings for clients nationwide.  In the event that Randall & Schumacher, P.A.  discovers that they need to hire an additional attorney to assist on your claim, Randall & Schumacher, P.A.  pays for that expense out of their attorney fees.  Therefore, clients do not pay any additional fees for having multiple attorneys assist on their claim.

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