Philips has issued an urgent medical device recall, specifically on their continuous positive airway pressure (CPAP) device. With this, a class-action lawsuit and many other claims have been brought forward. So, if you have incurred injuries and damages as a result of using the Philips CPAP device, read on to discover how a seasoned Pasco County, Florida defective product lawyer at Wendy Doyle-Palumbo, Esq. can build a defense for your claim.
What is the Philips CPAP device used for?
The Philips CPAP device is used to provide invasive respiratory support or treatment for individuals who suffer from sleep apnea or another type of sleep disorder. This device is typically used in the home, hospital, or other institutional settings.
Specifically, the Philips CPAP devices designed and manufactured before 2021 included what is called polyester-based polyurethane (PE-PUR) sound abatement foam. PE-PUR foam was supposed to reduce the sound and vibration the device emits while an individual is trying to sleep.
However, Philips later realized that this foam was breaking down into black debris that was entering the device’s air pathway. This meant that individuals were inhaling and swallowing this debris during their sleep. Soon after, they noticed that reports of adverse events as minor as asthma but as major as cancer were surfacing.
What defense can I take for my claim?
With this essentially being a defective product claim, you are more than likely to take any one of the following defenses:
- You may argue that you were hurt due to a flaw in the CPAP device’s design (i.e., the PE-PUR foam), and there was a safer way for Philips to make this product.
- You may argue that you were hurt due to the CPAP device being negligently or intentionally poorly manufactured (i.e., the PE-PUR foam), and there was a safer way for Philips to produce this product.
- You may argue that you were hurt due to Philips’ failure to warn of potential safety hazards (i.e., the PE-PUR foam) and that Philips should have responded to this hazard sooner.
When should I bring forward my claim?
The statute of limitations usually accounts for the time between the date of an incident and the date that you bring forward your claim. Though, with your CPAP device recall claim, “the date of an incident” will actually be the date that Philips announced the urgent medical device recall, which was June 14, 2021. So, you have two years from this date, until June 14, 2023, to file your claim.
There may be exceptions that extend this deadline for you. But ultimately, time is of the essence. So you should not hesitate anymore in reaching out to a competent Pasco County, Florida injury lawyer. We look forward to collaborating with you.