Our Philips CPAP lawsuit lawyer in Florida understands how difficult it is to file a claim against a medical provider. If you’ve used a Philips CPAP or BiPAP machine and experienced health problems, you’re not alone. Millions of individuals have been affected by the recall due to the presence of potentially harmful foam.
At Fasig Brooks, we understand the frustration and worry this situation has caused. Our team of Florida mass tort lawyers is dedicated to holding negligent corporations accountable for the harm caused by defective products. With a proven track record of success in complicated product liability cases, we have recovered millions of dollars in compensation for our clients.
What Are Philips CPAP Devices? – Potential Risks Associated With PE-PUR Foam
Philips Respironics has issued a voluntary recall of many CPAP, BiPAP, and ventilator machines due to the risks associated with the degradation of PE-PUR foam. If you or a loved one has been affected by health issues due to Philips CPAP devices, a Florida personal injury lawyer can guide you through the process of seeking justice and compensation.
Understanding CPAP and BiPAP Machines
CPAP (Continuous Positive Airway Pressure) and BiPAP (Bilevel Positive Airway Pressure) are medical devices used to treat sleep apnea, a sleep disorder characterized by interruptions in breathing during sleep.
- CPAP machines deliver a constant stream of air pressure through a mask worn over the nose or mouth, preventing the airway from collapsing and ensuring uninterrupted breathing.
- BiPAP machines offer two pressure settings: a higher pressure for inhaling and a lower pressure for exhaling. This can be beneficial for individuals with more severe sleep apnea or other respiratory conditions.
Both CPAP and BiPAP machines have significantly improved the quality of life for countless individuals with sleep apnea. However, recent concerns have arisen regarding the safety of certain models.
Potential Risks Associated With PE-PUR Foam
A significant number of Philips Respironics CPAP and BiPAP machines were recalled due to the presence of sound abatement foam made of PE-PUR. Over time, this foam can degrade and release tiny particles into the air that users inhale during sleep.
Exposure to these particles may lead to various health issues, including:
- Respiratory problems. Irritation of the lungs, airways, and sinuses.
- Potential for serious health conditions. Some studies have raised concerns about the development of certain types of cancer.
Medical malpractice errors are now the third leading cause of death in the U.S. If you’ve used a Philips CPAP or BiPAP machine and experienced any health issues, it’s crucial to consult with a healthcare provider. Additionally, exploring legal options may be necessary to protect your health and well-being.
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Who Is Liable in a CPAP Case
Determining who is responsible for the health issues caused by Philips CPAP machines can be difficult. Several parties may share liability:
- Philips Respironics. As the manufacturer of the defective devices, they bear significant responsibility for the design, production, and distribution of the recalled CPAP and BiPAP machines.
- Healthcare providers. Doctors, sleep specialists, or medical equipment suppliers who recommended or prescribed the affected machines may share liability if they fail to inform patients about potential risks or monitor for complications.
- Distributors and Retailers. Companies involved in the distribution and sale of the CPAP machines may also be held accountable for their role in bringing the defective products to market.
Why You May Need a Florida Philips CPAP Lawsuit Lawyer
Pursuing a legal claim against a medical provider after experiencing health issues may be necessary. Still, the process can result in complications for victims who experience the legal system for the first time. An experienced attorney can provide invaluable support and guidance:
- Investigate the Case. An experienced Florida Philips CPAP lawsuit lawyer can thoroughly investigate the circumstances surrounding your case, gathering evidence and building a strong legal foundation.
- Determine Liability. Identifying the responsible parties can be difficult in these cases. An attorney will work to establish who is liable for your injuries.
- Handle Insurance Companies. Dealing with insurance companies can be frustrating and time-consuming. A lawyer can negotiate on your behalf and protect your rights.
- Calculate Damages. Assessing the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future care, is necessary to claim damages. A lawyer can help you determine the appropriate compensation.
- Represent You in Court. If a settlement cannot be reached, a lawyer will advocate for your rights in court.
A Florida Philips CPAP lawsuit lawyer can help you determine if you have a valid medical malpractice claim and take care of the legal aspect. That way, you can focus on your health and recovery while your attorney handles the legal side.
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What Type of Compensation Is Available for the Victims of Philips CPAP Devices?
If you’ve experienced health issues due to a defective Philips CPAP or BiPAP machine, you may be entitled to compensation. The specific damages available will depend on the severity of your injuries and the circumstances of your case. Potential types of compensation include:
- Medical expenses. Costs related to diagnosing and treating health problems caused by the CPAP machine, including doctor visits, tests, medications, and surgeries.
- Lost wages. Compensation for income lost due to time off work for medical appointments, treatments, or recovery.
- Pain and suffering. Compensation for physical and emotional distress caused by the health issues and their impact on your life.
- Diminished quality of life. Damages for limitations on activities, hobbies, and overall well-being resulting from health problems.
It’s important to consult with a qualified attorney to understand the full range of potential damages and build a strong case for maximum compensation.
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Statute of Limitations for a Philips CPAP Lawsuit
The statute of limitations for medical malpractice claims in Florida generally allows up to two years from the date of the injury or discovery of the harm to file a lawsuit. For cases involving defective medical devices like Philips CPAP machines, this period is critical. The clock may start ticking from the moment you first experience symptoms or receive a diagnosis linked to the defective device.
If you believe you have a valid claim, it’s important to consult a Philips CPAP lawsuit lawyer in Florida, collect evidence of health issues, and keep a record of symptoms. Timely action is vital to protect your rights and pursue adequate compensation for the injuries and losses you have suffered due to defective CPAP devices.
Get a Case Evaluation With a Florida Philips CPAP Lawsuit Lawyer at No Cost
If you believe a defective Philips CPAP device has impacted your health, don’t hesitate to seek legal advice. It is important to understand medical malpractice laws in Florida and how to protect your rights. Fasig Brooks attorneys can provide the support you need to pursue your claim and secure the compensation you deserve.
Our team offers case evaluations at no cost. During a case evaluation, a Florida Philips CPAP lawsuit lawyer will review the details of your situation. We can determine if you have a valid personal injury claim related to defective devices and discuss possible legal actions, including individual lawsuits and class action lawsuits.
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