CPAP Lawsuit: Cancer and Lung Injury Claims Lawyer

February 22, 2023 | Attorney, Matthew Dolman

Researchers recently found that disintegrating polyurethane foam (pe pur foam) used in Philips CPAP and BIPAP machines place the user at a recognized risk for developing several adverse conditions. These include asthma, liver, breast, pancreatic, kidney, and possibly other types of cancer.

CPAP manufacturer Philips Respironics has recalled millions of sleep apnea CPAP and BiPAP machines and ventilators. This manufacturer, best known in America for its home appliances and medical equipment, is now the target of a multidistrict litigation due to the harmful effects of their products. The Philips CPAP lawsuit MDL seeks to compensate victims who have suffered dangerous and unexpected side effects, including cancer, from their sleep apnea machines.

The possibly dangerous machines include mechanical medical ventilators. However, the more concerning item on the list is the Philips Respironics CPAP machines, which are used to treat sleep apnea for millions of Americans.

The Philips CPAP Recall Lawsuit

All Philips CPAP lawsuits filed in Federal Court have been consolidated before a single Judge. In a process known as multidistrict litigation (MDL), lawsuits filed in Federal Courts throughout the U.S. have been consolidated in one venue to ensure consistent discovery and streamlined litigation to expedite the possibility of a global settlement. The Philips CPAP recall lawsuit is one of the fastest-growing mass tort claims of all time. Philips CPAP litigation will extend into 2023. However, we believe Philips will make a run at resolving all claims prior to the first bellwether trial.

MDL 3014, In Re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation

Each and every Philips CPAP lawsuit filed in Federal Court has been consolidated before the Honorable Judge Joy Flowers Conti in the Western District of Pennsylvania.

October 15, 2022 —Update on the Philips CPAP Lawsuit MDL

Due to the thousands of Philips CPAP recall lawsuits expected to be filed over the coming months, Judge Conti issued an order allowing individuals to file a “short form complaint” directly into the Philips CPAP MDL. A short-form complaint streamlines the filing process and is common in MDLs, where lawsuits are expected to be filed in bulk.

October 1, 2022 — Update on the Philips CPAP Lawsuit MDL

There are now over 340 cases pending in the Philips CPAP Recall MDL. On September 1, 2022, Judge Conti held a science day in her courtroom, which is an event wherein lawyers on the plaintiffs’ steering committee and select defense lawyers gave presentations to help educate the Court on cumbersome and complex scientific issues.

September 13, 2022 — Update on the Philips CPAP Class Action Lawsuit

The manufacturer issued a second Philips CPAP recall on August 29, 2022. According to the U.S. Food and Drug Administration (FDA), specific models of the Philips CPAP and BIPAP machines contained a noncompatible material that contaminated the plastic. The plastic in the CPAP machine poses potential health risks as it may release volatile organic compounds (VOC) when used. News of another recalled Philips CPAP machine is posing another public relations crisis for the embattled company and will likely sink their shares of stock.

July 1, 2022 — Update on the Philips CPAP Lawsuit MDL

On June 17, 2022, Judge Conti issued an order outlining the steps to be taken and time frames to be followed by both parties in order to efficiently manage the process of discovery. Discovery in the CPAP recall lawsuits has begun in earnest. This is the process wherein plaintiff CPAP lawyers will attempt to unearth documents revealing Philips was well aware of the dangers their CPAP machine posed to the public. Judge Conti has set a deadline of September 9, 2022, for a written discovery plan to be submitted to the court.

January 1, 2022 — Update on the Philips CPAP Lawsuit MDL

A recently concluded investigation by the FDA (Food and Drug Administration) reveals that Philips knew for years of foam degradation issues in the pe pur foam within its CPAP, BiPAP, and ventilator devices but failed to take action. Thus, Philips was well aware years before its voluntary recall that the sound abatement foam could degrade and potentially cause cancer and other serious medical issues if inhaled by the user.

January 31, 2023 — Philips Respironics Ventilators Issues New Recall

In addition to the previously recalled Philips sleep apnea machines, the company has issued a new recall that includes masks used in combination with these devices. The list of recalled masks includes:

  • Amara View Full Face Mask
  • DreamWisp Nasal Mask
  • DreamWear Full Face Mask
  • Wisp and Wisp Youth Nasal Mask
  • Therapy Mask 3100 NC/SP

These masks employ magnets to hold them in place — these magnets can pose a danger to users with metallic implants, such as pacemakers. Reports have shown that this design flaw is capable of causing serious injury.

February 9, 2023 — The FDA Updates Medical Device Reports Concerning Philips Defective CPAP Machines

The FDA has updated its review and analysis of medical device reports monitoring the adverse effects of certain Philips Respironics ventilators. The Administration has received over 98,000 such reports, including 346 reported fatalities connected with the use of the recalled devices.

Philips CPAP Recall—Company Knew of Dangers Long Before Recall

Philips Respironics issued a voluntary recall of over 15 million machines/devices in June 2021. The voluntary recall triggered an automatic investigation by the FDA.

However, the FDA investigation reveals that executive managers at Philips Respironics knew of pe pur foam degradation issues and potential health complications for at least a year prior to the Philips CPAP recall.

Further, an internal email in 2015 from a Philips employee to a foam supplier discusses degradation issues in the sound abatement foam. At least six years passed before Philips Respironics addressed the cancer-causing sound abatement foam degradation.

The Philips CPAP recall surrounds health risks associated with the sound abatement foam utilized to reduce vibration and keep the machine operating in a quiet manner. In turn, the foam degrades and releases toxic gases and microscopic particles, which are breathed in or swallowed by the user.

Scientific tests show the released gasses and foam contain carcinogenic (cancer-causing) and toxic chemicals. Further, there is a body of scientific evidence illustrating these chemicals may cause a host of respiratory issues aside from a number of cancers.

What is Sleep Apnea?

It’s estimated that 18 million people in the US—or about 1 in 15 adults—have sleep apnea.

Sleep apnea is a serious sleep disorder that repeatedly causes a person to stop and start breathing throughout the night.

Sleep apnea has multiple different forms. The most common condition occurs when the throat muscles relax too much. Another common type occurs when your brain doesn’t send proper signals to the muscles that control breathing. Obstructive sleep apnea occurs when an individual is unable to breathe normally due to obstruction of the upper airways. Complex sleep apnea syndrome presents itself as a combination of obstructive sleep apnea and central sleep apnea.

The most common symptoms and signs of sleep apnea include: loud snoring, episodes in which you stop breathing during sleep (reported by a spouse or other person), gasping for air during sleep, waking up because of choking, morning headache, difficulty staying asleep, and excessive daytime drowsiness.

Sleep apnea can affect anyone, even children. However, some risk factors include obesity, narrow airways, being male, being older, and having a family history of the illness. Sleep apnea can be extremely serious. If left untreated, it can lead to high blood pressure, heart attack, stroke, Type 2 diabetes, and even death.

These serious adverse effects can be mitigated by BiPAP and CPAP machines, which is why they are so important, and any issues with them need to be addressed. 

What is a CPAP machine?

A continuous positive airway pressure machine—or CPAP machine, as it’s commonly called—is a mechanical device used to treat sleep apnea disorders. CPAP devices help mitigate the issues caused by sleep apnea by sending a steady flow of oxygen into the nose and mouth while the user sleeps.

This keeps their airways open and helps them breathe normally. Folks who need CPAP devices often use their sleep apnea machines every time they sleep since it is dangerous to sleep without one.

What is a BiPAP Machine?

Bilevel Positive Airway Pressure (BIPAP) machine is a type of non-invasive ventilator that is commonly used to treat sleep apnea and other respiratory conditions. The BIPAP machine provides two levels of pressure: one for inhalation (IPAP) and one for exhalation (EPAP). During inhalation, the machine delivers a higher pressure to help keep the airway open, and during exhalation, the pressure is lower to allow for easier breathing out.

BIPAP machines are typically used by people who have trouble breathing during sleep or who need extra support to keep their airways open. Unlike CPAP machines, which deliver constant pressure, BIPAP machines can adjust the pressure based on the patient's breathing needs, making it more comfortable and easier to use.

Why Did Philips Recall Their CPAP Machines?

man concerned about defective cpap machine

Philips recalled their CPAP devices because of a foam part inside the device that can break down and become toxic to the user. As the foam breaks down, it can release toxic chemicals that can cause irritation, infections, breathing problems, and cancer. This is the heart of the Philips CPAP machine recall lawsuit.

Philips CPAP Machines and Cancer—What is the Connection?

The foam part inside the Philips CPAP machine absorbs noise so that the machine does not disturb people while they sleep. However, the polyurethane part can degrade over time, which causes it to release a toxic chemical. The degrading part can also release small foam particles that can enter the airways.

It’s not completely clear yet why this foam part is breaking down, but it’s thought that it may be exacerbated by high heat and humidity while users are cleaning their CPAP machines.

The large population of people who use Philips CPAP machines is a cause for concern, prompting owners of C-PAP and Bi-Level PAP machines to discontinue use and seek an alternate solution from their healthcare provider. Those who have received a diagnosis of a cancerous condition following the use of the recalled Philips CPAP machines could be eligible to file a CPAP cancer lawsuit as part of a multidistrict litigation.

[Read Philips Full Statement Here.]

Which CPAP Machines Are Potentially Dangerous?

The recalled Philips CPAP devices include Philip’s Bi-Level Positive Airway Pressure machine (Bi-Level PAP) and their Continuous Positive Airway Pressure machine (CPAP).

What Injuries and Illnesses Can Be Caused by the Defective Philips CPAP Machines?

Potential CPAP cancer and diseases caused by inhalation of pe pur sound abatement foam:

  • Bone marrow cancer
  • Bladder cancer
  • Brain cancer
  • Leukemia
  • Esophageal cancer
  • Breast cancer
  • Multiple Myeloma
  • Lung cancer
  • Non Hodgkin's lymphoma
  • Thyroid cancer
  • Testicular cancer
  • Tonsil cancer
  • Nasal cancer
  • Reactive airway disease (RAD)
  • Lung or pulmonary disease
  • Respiratory disease
  • Asthma

The list of Philips CPAP cancers above is the subject of the Philips CPAP class action lawsuit.

How Do I Know If My CPAP Machine Is Causing Me Injuries?

The only way to know if your CPAP sleep apnea machine is causing your medical problems is to see your doctor. They could be symptoms of a very serious issue that should be addressed with your healthcare provider. Some possible side effects that may indicate you are experiencing issues include:

  • Headache
  • Dizziness
  • Irritation to your skin, eyes, or lungs
  • Nausea and Vomiting
  • Chest pressure
  • Coughing

If you suffer from any of these side effects, you should speak to your doctor immediately.

If you believe that your Philips sleep apnea machine caused your cancer or other illness, you could have a product liability claim. To find out if you are entitled to financial compensation for your medical bills, lost wages, and other losses caused by using your CPAP machine, call Dolman Law Group today at 727-451-6900.

What If I Believe My CPAP Machine Caused My Cancer or Other Illness?

It’s currently unknown how many injuries or illnesses the Philips CPAP machine has caused. That information will be revealed as more people who have suffered from these horrible health conditions start to link their issues with using the device.

If you have used one of these devices and are experiencing health issues that you believe could be related to the recalled CPAP machine, speak to your doctor about it. They may recommend you get screened for cancers or order other illnesses associated with the toxic chemicals and particles emitted by the device.

If it is found that your health issues are related to foam degradation, you could be entitled to financial compensation through a defective product lawsuit.

Dolman Law Group is currently taking new cases related to cancers and other injuries caused by the Philips CPAP machine.

If you or someone you love has been injured as the result of a defective product, contact an experienced defective product attorney at Dolman Law Group by calling 727-451-6900 or contact us online for a free consultation.

Preparing to File a Philips CPAP Cancer Lawsuit

If you choose to file a lawsuit against Philips regarding their CPAP machine, your lawyer may ask you several questions in order to build your case. Here are some examples of questions your lawyer might ask:

  • What specific problems or issues have you experienced with the CPAP machine?
  • Did you seek medical attention as a result of these problems?
  • Did you receive a diagnosis of can
  • Did you report these problems to Philips or the seller of the machine?
  • Did you follow the recommended maintenance and cleaning procedures for the machine?
  • Have you suffered any financial losses or incurred additional medical expenses due to these problems?

These questions are meant to provide a general idea of what your lawyer may ask. The specific questions and line of inquiry may vary based on the details of your case and the jurisdiction in which you are filing the lawsuit.

What Specific CPAP Machines Have Been Recalled?

The Philips medical devices that have been recalled are:

  • All Philips CPAP devices (manufactured before April 26, 2021)
  • All Philips BiLevel PAP devices (manufactured before April 26, 2021)
  • E30 model continuous ventilator
  • DreamStation non-life supporting continuous ventilator (Models ASV, ST, and AVAPS)
  • SystemOne ASV4 model continuous ventilators, non-life supporting
  • C Series continuous ventilator, non-life supporting (Models ASV, S/T, and AVAPS)
  • OmniLab Advanced Plus in-lab titration device
  • SystemOne Q series (Models of non-continuous ventilators)
  • DreamStation CPAP, Auto CPAP, and BiPAP ventilators
  • DreamStation Go CPAP and APAP (Models of non-continuous ventilators)
  • Dorma 400 and 500 CPAP (Models of non-continuous ventilators)
  • REMStar SE Auto CPAP (Models of non-continuous ventilators)
  • The Trilogy 100, Trilogy 200, Garbin Plus, Aeris, and LifeVent continuous ventilators
  • The A-Series BiPAP V30 Auto and Hybrid A30 continuous ventilators
  • A-Series BiPAP A30 and A40 non-life supporting continuous ventilators (Not sold in the U.S.)

Why Choose Dolman Law Group?

When defective medical devices cause serious illnesses or injuries, it should not fall upon the consumer to absorb the damages (i.e., medical bills, lost wages, pain and suffering, and other losses) that come along with it. If a company produces and sells a defective or dangerous medical device, they have a moral and legal obligation to handle the fallout and to right its wrong.

Dolman Law Group is committed to helping victims of defective medical devices get the compensation they deserve by holding the massive corporations accountable for their negligence.

Product liability cases can be extremely complicated and require extensive experience and resources. Dolman Law Group is an expert law firm with a vast network of attorneys and resources capable of taking on a case of this magnitude.

The skilled and experienced mass tort attorneys at Dolman Law Group have an impressive track record of success against major companies, no matter how big they are.

We have successfully litigated medical malpractice, defective product, and dangerous drug cases against corporations like Johnson & Johnson, Zantac, 3M, Purdue Pharma, Chevron, and Janssen Pharmaceuticals, among many others.

At Dolman Law Group, we fight to make things right. It’s unacceptable for a person to be a victim of a defective product, no matter what the reason. The last thing people expect when being prescribed a medical device is that they will get worse or get some other new illness or cancer. It’s simply unacceptable.

If you are wondering whether you need a personal injury attorney to help you with your case, check out our article, “When Do You Need to Hire a Personal Injury Lawyer?” where we get the opinion of lawyers from all around the country.

If you believe you need a personal injury lawyer to defend you or your family, Dolman Law Group offers FREE initial consultations and reviews. During this consultation, we will:

  • Sit down with you and hear the details of your case
  • Inform you of your rights and options
  • Let you know of any possible courses of legal action
  • Offer you our most suited attorney to handle your situation

We do all of this completely free of charge. We also offer a confident “No Recovery, No Fee” promise to our clients, enabling you peace of mind knowing that you aren't obligated to pay us anything until we achieve a payout for you.

Dolman Law Group Is A Nationally Recognized Law Firm

When you are looking for a defective medical device lawsuit attorney, you have to ensure they have the experience to build your case properly. Cases against mega-corporations like Philips are complex and require substantial resources to have a fair shot at getting justice.

You need a law firm with a track record of success, winning multi-million dollar cases. We are that law firm.

Attorney Matthew Dolman is no stranger to large and complex litigation. He is a lifetime member of the Million Dollar Advocates Forum, which honors lawyers who have secured verdicts and settlements of over $2 million. Fewer than 1% of practicing lawyers have achieved such status.

When You Choose a Dolman Law Group CPAP Lawsuit Lawyer, You Receive:

  • A Free Case Review: we offer a free, no-obligation case evaluation to help you examine your legal options after being exposed to toxic chemicals through your CPAP machine.
  • Law Firm with Successful Track Record: we routinely handle multi-million dollar injury cases and are experienced trial lawyers.
  • National Reach: we not only handle cases throughout Florida but all across the nation (with the assistance of local counsel in each jurisdiction, we handle cases in accordance with the applicable Bar rules). From coast-to-coast, our law firm delivers.
  • Big Law Firm Results: we are proud to offer big law firm results with that small firm personal attention. It is what sets us apart.

Dolman Law Group Accident Injury Lawyers is a nationally recognized personal injury and consumer justice law firm with over 120+ years of combined experience. As of date, we have recovered over $200 million for injury victims and represented over 6000 clients. Our firm has been built on word-of-mouth referrals from very satisfied former and current clients. We remain available 24 hours a day for a free case review to determine your eligibility regarding paraquat lawsuits.

Contact a CPAP lawyer today for a free consultation at 833-552-7274.

Contact a Defective Medical Device Attorney at Dolman Law Group Today

If you've been diagnosed with cancer and believe it may have been caused by your Philips CPAP machine call a CPAP attorney immediately for a free consultation and case review.

We are presently representing hundreds of individuals who attribute their cancer to Philips CPAP devices.

We anticipate thousands of CPAP machine lawsuits will be filed over the next year. Philips was well aware of the potential health risks associated with their CPAP and BiPAP devices. These recalled CPAP devices have been causally linked to numerous cancers and serious respiratory diseases.

You can reach a Dolman Law Group CPAP lawyer today at 833-552-7274 or by contacting us online.

The Dolman Law Group works with local counsel in any jurisdiction outside Florida for the purpose of filing lawsuits in jurisdictions wherein we are not licensed. Thus, we will follow each State's ethical rules to ensure a local attorney is involved along with us.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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