Philips announced a recall on almost all of their medical devices on June 14, 2021. One of these medical devices was the continuous positive airway pressure (CPAP). Continue reading to learn more about the Philips CPAP recall and how one of the experienced Howard County product liability attorneys at Lloyd J. Eisenberg & Associates can help you take action.
Why was the Philips CPAP recalled?
Firstly, CPAP machines are intended for individuals who suffer from sleep apnea and other types of sleep disorders. This is because they provide an airway that supports breathing during sleep. They are commonly seen in homes, hospitals, and other institutional settings.
The CPAP devices that Philips designed and manufactured before 2021 included polyester-based polyurethane (PE-PUR) sound abatement foam. This foam was intended to minimize the sound and vibrations of the device. However, it ended up just creating more issues.
That is, Philips later discovered that the PE-PUR foam was breaking down into black debris and was entering the device’s air pathway. Users were then inhaling and swallowing this black debris while they were sleeping. As time went on, tens of thousands of users were reporting health issues, like lung damage and cancer.
What should I do if I incurred injuries and damages from this device?
If you believe that your diagnosis is in direct correlation to your use of the Philips CPAP device, then you must do whatever you can to heal.
First of all, you must immediately discontinue your use of this medical device. You should also consult with your physician regarding the best alternative form of treatment for you.
Then, you must consider entering the ongoing class-action lawsuit against Philips. It is predicted that the average settlement compensation payouts will be anywhere between $100,000 to $500,000. And the trial value will be significantly higher once liability is established. So, this may just be the only way that you can recover from your medical bills, lost wages, and other economic damages.
What is the statute of limitations for this claim?
You may assume that the statute of limitations for filing your claim is based on the date that you purchased and began using your Philips CPAP device. However, you would be mistaken.
Rather, the statute of limitations is based on the date that Philips recalled the medical device, which was on June 14, 2021. And being that the state of Maryland holds the deadline of three years, you will likely have until June 14, 2024, to bring forward your claim.
While there may be exceptions that extend this deadline for you, it is always best that you act as soon as possible. So, to kickstart your claim today, reach out to a skilled Howard County personal injury attorney. We look forward to collaborating with you.