Many people suffer from respiratory problems, especially if they have Obstructive Sleep Apnea. If you also have the same condition, you may be prescribed a Continuous Positive Airway Pressure (CPAP) machine.
These devices help open your airways and keep your breathing steady during sleep; however, they aren’t perfect and can malfunction.
An investigation revealed that Philips uses foam in its CPAP devices that break down over time and release harmful chemicals that can cause severe diseases like cancer when inhaled.
It’s why Philips recalled millions of its devices that had a possible link to cancer. And if you own a Philips Respironics machine that malfunctions, you may be eligible to file a Philips CPAP lawsuit.
However, how do you know when and how to file? Here is everything you need to know to get justice.
What is a Philips CPAP Lawsuit?
Philips Respironics is a company that sells medical devices such as the Respironics BIPAP, AutoSet, AVAPS, BiPAP Plus, BiPAP Pro, and BiPAP ST Plus. It has sold these products for years and has produced many CPAPs. Unfortunately, these devices have been known to malfunction and cause several respiratory illnesses.
A Philips CPAP Lawsuit aims to get compensation for people harmed by such a defective product.
It’s an individual or class-action lawsuit filed on behalf of customers who have been injured or suffered losses because of a defective or unreasonably dangerous product.
What Is Involved In Filing A CPAP Case?
If you suffered from dangerous side effects from using a CPAP device, there might be merit in filing personal injury claims for the same. However, there are a few elements involved in such cases. Your lawyer will need evidence of:
- A dangerous defect or design flaw with your specific device.
- You experienced a severe injury because of that defect or fault.
- They had not adequately tested the machine before distribution and sale on the market.
- The product was negligently distributed and marketed.
Contact an attorney with experience in product liability lawsuits and malpractice claims. It is critical because you will need someone who has experience navigating these types of suits so that your case will have as many opportunities for success as possible.
When to File a Lawsuit?
Once you’ve established that Phillips Medical failed in its duty of care toward you, don’t let anyone tell you otherwise. When you know there’s been an injury-producing incident caused by a faulty medical device, you can move forward with a Philips CPAP lawsuit immediately.
There are strict timelines involved, so you will want to protect your rights. There is a two-year time constraint as per the statute of limitations for filing lawsuits over product liability claims, but exceptions and complexities can lead to extensions or earlier deadlines. The best thing you can do is speak with an attorney about your case and let them advise you on what action to take next.
In The End
If your device malfunctions and you experience any injury as a result, contact a lawyer today. You have recourse under the law and can pursue compensation from those responsible for putting faulty products on the market.