Do I Qualify for the CPAP Lawsuit?

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CPAP mask machine

If you have a Philips Respironics Continuous Positive Airway Pressure (CPAP) machine and you are living with a serious diagnosis as a result, then you may be entitled to significant financial compensation via the Philips CPAP class action recall lawsuit. Read on to discover whether you qualify for this lawsuit and how a seasoned Toronto product liability lawyer at Merricks Law Group, P.A. can navigate you through this situation.

What is the Philips CPAP?

The Philips CPAP is a machine that keeps an individual’s airway open by providing a stream of air at a continuous pressure through a mask. Specifically, this machine may be prescribed to an individual who suffers from obstructive sleep apnea so that their airways are kept open during sleep.

On June 14, 2021, Philps called for a Class I recall, the most serious type of recall, on their CPAP and other lines of machines. They took this action upon the realization that the machine’s polyester-based polyurethane (PE-PUR) sound abatement foam, used to reduce sound and vibration, may break down and potentially enter the machine’s air pathway. With this, black debris from the PE-PUR foam and other chemicals may be inhaled or swallowed by the user. And exposure to this can cause serious adverse events.

Namely, these recalled machines were distributed between the dates of July 21, 2009, to April 22, 2021. The manufacturing dates were between the dates of April 11, 2007, to April 22, 2021. Thus far, there have been 98,000 health events reported, along with 350 deaths.

How do I know if I qualify for the CPAP lawsuit?

Firstly, to qualify for the CPAP lawsuit, you must ensure that you have had the machine in your possession for six or more months. Then, you must confirm that you have been suffering from any one of the following health conditions:

  • You have been experiencing adverse effects like inflammation, headache, asthma, hypersensitivity, and nausea/vomiting.
  • You have been experiencing adverse effects on your kidneys or liver.
  • You have suffered a heart attack or heart failure.
  • You have suffered from chemical poisoning.
  • You have been diagnosed with a respiratory condition (i.e., pulmonary fibrosis).
  • You have been diagnosed with lung damage.
  • You have been diagnosed with a certain type of cancer.

To help confirm the serious health conditions you have incurred, you must collect physical evidence such as your medical documents on your condition, medical bills on the cost of your condition, statements by your physicians on how your condition has affected your day-to-day life, etc.

For more information on the CPAP recall lawsuit, reach out to a competent Ontario personal injury lawyer today. We look forward to hearing about your case and creating a legal route that will produce the best results for you. Call us before it is too late.

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