Handling a CPAP Recall: What To Do If You Have Been Affected

Published 29/08/2023
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Continuous Positive Airway Pressure (CPAP) is a medical therapy primarily used to treat sleep apnea, a condition characterized by recurrent pauses in breathing during sleep. CPAP is delivered through a device that helps keep the airway open, allowing individuals to breathe continuously and reducing sleep apnea-related symptoms. That said, there are CPAP products that have been found to cause serious health issues including cancer.
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The Health Risks of CPAP Sleep Apnea Machines

On June 15, 2021, the Food and Drug Administration (FDA) announced that Philips recalled over 3,400,000 sleep apnea machines owing to serious health concerns. In fact, it was found that the devices are made with a foam that may produce a toxic gas which could potentially cause diseases like cancer. 

On August 15, 2023, Philips initiated another recall for certain ventilator models, including Trilogy EV300, Trilogy Evo, Trilogy Evo O2, and Trilogy Evo Universal. This step came after they found potential contamination hazards that might hinder proper airflow to patients leading to medical complications.

FDA classified this as a class I recall which means that using these devices could lead to serious injury or even death!

Now, what do you do if you find yourself in the unfortunate situation where you have been using one of the recalled CPAP products? 

Well, here are the steps you should take to protect your health and rights: 

Stop Using the Defective/Recalled Product

Your health and safety should be your top priority if you have been using one of the recalled CPAP devices. In fact, you should discontinue the use of the defective CPAP product as soon as you identify a problem. 

Continuing to use the defective CPAP device can lead to complications in your health. It might also complicate your case if you decide to pursue legal action. 

You should also inform your healthcare provider about your situation, symptoms, and any changes you've noticed since using the device. You can take a step further to report the defective CPAP product to the appropriate authorities near you. 

For example, you could contact the manufacturer and the relevant regulatory agency in your country responsible for monitoring and regulating medical devices. 

Reporting the defect contributes to the safety of others who might be using the same product

Speak To a CPAP Cancer Lawsuit Attorney

If you believe you've been harmed by any defective or recalled CPAP product, then you should seek legal advice. Consult a good CPAP lawsuit attorney given that they have the right experience in product liability cases to understand your rights and options. A legal expert for CPAP issues will assess the strength of your case, and provide advice on the appropriate course of action. 

In some cases, defects in medical devices can affect a larger group of individuals. If a class action lawsuit is initiated against the manufacturer, you might consider joining if it aligns with your circumstances. A class action lawsuit allows a group of individuals to collectively seek compensation for their injuries or damages.

Depending on the severity of the harm caused by the defective CPAP product, you might be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages linked to the complications you have developed by using the product. 

Diseases like cancer will often come with significant medical expenses, including doctor visits, treatments, medications, hospital stays, and rehabilitation. It can also lead to physical pain, emotional distress, and a diminished quality of life. 

Seeking compensation can help cover these costs and prevent the financial burden from affecting your quality of life and future financial stability

Document Your Experience & Preserve Evidence

It is important to document your experience thoroughly. You should keep records of the specific model of CPAP sleep apnea device you were using, any accompanying accessories, purchase receipts, and any communication you've had with the manufacturer, supplier, or healthcare provider regarding the product.

Ensure that you find and preserve all evidence related to the defective CPAP product. This includes the product itself, packaging, user manuals, receipts, photos of the device, and any correspondence with the manufacturer or supplier. These pieces of evidence will be valuable in building your case.

If you've incurred medical expenses related to the defective CPAP product, then keep detailed records of all medical expenses including prescriptions, treatments, and any other costs you've had to bear as a result of the device's defect.

Final remarks

Being hurt by a defective CPAP product is undoubtedly a distressing experience. You should thus take steps to navigate the aftermath more effectively and work towards a resolution that prioritizes your health, safety, and well-being. This includes ceasing using the defective sleep apnea machine, then moving on to seek medical and legal help. A good lawyer experienced in defective CPAP products will help you seek compensation for the harm caused by the product. 

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