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CPAP Lawsuit

A Guide for Victims of Faulty CPAP and BiPAP Machines

Many commonly used CPAP and BiPAP machines have recently been recalled due to serious medical problems reported by users. This information details the problems with the machines, how you may have been affected, and how the medical product liability lawyers at Schlesinger Law Offices can help you receive fair compensation for the damage these faulty products have caused.

What are CPAP and BiPAP Machines

CPAP (Continuous Positive Airway Pressure) machines are medical devices commonly used to treat obstructive sleep apnea, a condition characterized by intermittent breathing pauses during sleep. A CPAP machine delivers a steady stream of pressurized air into a person’s airways through a mask, which helps keep the airways open and facilitates normal breathing during sleep. 

BiPAP (Bilevel Positive Airway Pressure) machines are like CPAP machines used to treat sleep apnea. BiPAP machines are more advanced as they provide two levels of air pressure: one for inhalation and a lower pressure for exhalation. BiPAP machines can be used to treat other respiratory conditions, such as chronic obstructive pulmonary disease (COPD), requiring help ensuring adequate oxygenation during sleep.

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The Recall and Its Implications

Philips Respironics, a manufacturer of CPAP and BiPAP machines, initiated a recall affecting millions of its devices after discovering that the polyester-based polyurethane (PE-PUR) foam used in these machines could degrade. This degradation has the potential to release particles or toxic chemicals directly into the users’ airways, leading to a range of health issues.

A New York Times article reported that Philips Respironics agreed to a $479 million partial settlement to compensate affected consumers. However, it is important to note that this settlement primarily addresses monetary reimbursements and does not encompass claims related to personal injury or medical costs, which are often substantial in such cases.

Health Risks and FDA Warnings

The FDA has issued warnings regarding the recalled devices, detailing the potential health risks associated with the PE-PUR foam breakdown. Users may inhale or ingest toxic substances or particles, leading to serious health issues, including irritation to the respiratory tract, inflammatory responses, and even toxic or carcinogenic effects on organs. The FDA’s safety communication includes a list of Philips devices manufactured between 2009 and April 26, 2021, that have been recalled.  Moreover, the FDA has received more than 105,000 voluntary reports, including 385 reports of death from PE-PUR foam breakdown.  The FDA is conducting an in-depth review and analysis of these reports and has not reached any conclusions. 

CPAP Lawsuit in Fort Lauderdale

OUR results

$60 Million


The firm obtained a $60,000,000.00 verdict against General Motors after the vehicle the McGee family was driving was engulfed in flames due to a fuel-fed fire, and Shane McGee was tragically burned to death. Gregg helped litigate the matter and prepare it for trial.

$37 Million


Jury verdict for the family of our client, who died of lung cancer after a lifetime of smoking R.J. Reynolds and Philip Morris cigarettes.

$20 Million


Attorneys Scott Schlesinger and Jonathan Gdanski recently secured a $20 million jury verdict for Herbert Landi, the widower of a woman who died of lung cancer in 1999 caused by smoking cigarettes.

Legal Recourse and the Role of Schlesinger Law Offices

If you or a loved one have been negatively impacted by a recalled Phillips CPAP or BiPAP machine, legal recourse is often the only pathway to appropriate compensation and justice. The experienced medical product liability lawyers at Schlesinger Law Offices understand the intricate details of medical product liability cases, especially those involving faulty devices and implants. Victims of recalled medical devices need strong advocacy and personalized legal support from a legal team with a strong track record in product liability. Over the last 70 years, we have won millions of dollars for our clients who were injured by faulty medical devices. 

One of the primary aims of taking legal action is to secure the compensation that the victim and their families require to maintain their standard of living. This can include covering medical expenses, addressing pain and suffering, and compensating for other financial hardships resulting from the damage caused by these faulty devices. 

Moving Forward

First, victims of the recalled CPAP and BiPAP machines must understand the full scope of the situation, the associated health risks, and the legal avenues for recourse. While the journey ahead may be fraught with challenges, having the support of the medical product liability lawyers at Schlesinger Law Offices can make a significant difference in the outcome of your case.

In conclusion, the recall of Philips Respironics’ devices has profoundly impacted millions of users worldwide. The health risks associated with the PE-PUR foam degradation are serious and warrant immediate attention and action. The expertise and support provided by Schlesinger Law Offices stand as a vital resource for those affected. Our experienced lawyers are committed to advocating for the rights and well-being of their clients, ensuring that victims are not alone on this challenging journey.