Speak with a CPAP Lawyer for Free Today

If you suffered adverse effects after using a CPAP machine, you may qualify for compensation. Our CPAP lawsuit lawyers will guide you on the path to financial recovery. Contact a Grimes Teich Anderson CPAP lawyer today.

Defective CPAP Machines Exposed Millions to Toxic Polyurethane Foam

Over 100,000 Reports of Serious Injury, Illness, or Death Related to CPAP Machine Use.

Philips has recalled over 5 million CPAP machines due to potential risks of cancer, kidney issues, and other health complications. Polyester-based polyurethane, a sound-reducing foam in Philips CPAP devices, has been found to break down and release toxic chemicals inhaled or swallowed by the user. Evidence shows that millions of Americans may have ingested this harmful chemical using their CPAP machine, with over 100,000 reports of serious illness or injury. If you suspect that you or someone you love has developed cancer, kidney disease, asthma, or other health complications due to a defective Philips CPAP machine, you may be entitled to compensation to cover medical bills, time off work, pain and suffering, and more. Contact the attorneys at Grimes Teich Anderson for help today by calling 800-533-6845 or submitting a free case evaluation form online.

Representing CPAP Injury Victims and Protecting Their Rights at Grimes Teich Anderson

With your livelihood on the line, you need a lawyer determined to make a difference for you and your family. At Grimes Teich Anderson, you can trust your CPAP lawsuit to our compassionate defective device attorneys. For over 40 years, we have served families across the Carolinas and helped them obtain the maximum compensation they need to recover. Speak with us for free today.  Along with our national co-counsel, we will provide quality representation.

Companies Listed in CPAP Lawsuit

In June of 2021, Philips issued a voluntary recall of numerous Respironics products, including BIPAP and CPAP machines and ventilators. As of January 2024, Philips is no longer selling any Respironics devices.

Recalled CPAP Machines and Other Philips Devices

  • A-Series BiPAP A30
  • A-Series BiPAP A40
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto
  • C-Series ASV
  • C-Series S/T and AVAPS
  • DreamStation 1
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • Garbin Plus, Aeris, LifeVent
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne
  • Trilogy 100
  • Trilogy 200
  • Alice 6
  • Alice NightOne
  • DreamStation 2
  • EverFlo
  • Millennium M10
  • SimplyGo
  • SimplyGo Mini
  • Trilogy EVO and EV300

The recall also covers certain Trilogy Evo ventilators sold between April 15, 2021, and May 24, 2021.

Long- and Short-Term Side Effects of Recalled Philips CPAP Machine Use

Recalled Philips CPAP machines could cause various health conditions with long-term consequences for users. The type and severity of these conditions depend on when the user ingests the toxic chemicals released by polyurethane.

After Six Months of CPAP Use

Recalled Philips CPAP machines could cause various health conditions with long-term consequences for users. The type and severity of these conditions depend on when the user ingests the toxic chemicals released by polyurethane.

Six months of inhaling or ingesting the polyurethane foam particles through a defective CPAP machine could increase the risk of cancers involving the blood, lymph nodes, mouth, and throat. These include:

  • Acute Myeloid Leukemia (AML)
  • Adenocarcinoma
  • Bone Marrow Cancer
  • Esophageal Cancer
  • Hematopoietic Cancer
  • Laryngeal Cancer
  • Leukemia
  • Lymphoma
  • Multiple Myeloma
  • Nasal Cancer
  • Non-Hodgkin’s Lymphoma
  • Soft Palate Cancer
  • Sinus Cancer
  • Throat Cancer
  • Tonsil Cancer

After Two Years of CPAP Use

Using a recalled CPAP machine for at least two years could increase the risk of cancers involving the thyroid or related organs, including thyroid and papillary cancer.

After Five Years of CPAP Use

Using a recalled CPAP machine for five years or longer can potentially be linked to cancers involving the major organs. Specific cancer types include

  • Bladder Cancer
  • Brain Cancer
  • Colon Cancer
  • Kidney Cancer
  • Liver Cancer
  • Lung Cancer
  • Rectal Cancer
  • Skin Cancer
  • Stomach Cancer
  • Testicular Cancer

What Effects Do CPAP Machines Have on the Lungs?

Functional CPAP machines should not damage your lungs. However, some users report a “burning sensation” in their lungs, often due to dry or cold air inhalation through the CPAP mask. However, a defective CPAP device containing polyurethane can cause long-term damage to the lungs.

Is There an Alternative to a CPAP Machine?

There are alternative treatments and therapies available for sleep apnea and related conditions that can be considered if CPAP therapy is not suitable or preferred by an individual. Some alternatives include:

APAP (Auto-Adjusting Positive Airway Pressure). APAP machines, also known as AutoPAP or AutoCPAP, are similar to traditional CPAP machines but can automatically adjust the air pressure delivered based on the individual's breathing patterns throughout the night. This dynamic pressure adjustment helps ensure the airway remains open during sleep, effectively treating obstructive sleep apnea (OSA) and related sleep-disordered breathing events. APAP therapy is often preferred by individuals who may experience variations in airway obstruction severity during sleep or who find fixed CPAP pressures uncomfortable.

BiPAP (Bi-Level Positive Airway Pressure). BiPAP machines, also referred to as BPAP or VPAP (Variable Positive Airway Pressure), deliver two distinct levels of air pressure: a higher pressure during inhalation (IPAP) to support breathing efforts and a lower pressure during exhalation (EPAP) to facilitate airway relaxation. BiPAP therapy is particularly beneficial for individuals with certain types of sleep apnea, such as central sleep apnea (CSA), complex sleep apnea syndrome, or those who require higher pressure support due to respiratory conditions. BiPAP machines offer a more comfortable breathing experience than CPAP, making them suitable for individuals struggling with CPAP therapy compliance.

EPAP (Expiratory Positive Airway Pressure). EPAP therapy involves using devices that apply positive pressure to the airway during exhalation, helping to prevent airway collapse and maintain patency. EPAP devices, such as Provent Therapy, consist of small, disposable valves placed over the nostrils and create resistance to airflow during exhalation, effectively generating positive pressure within the airway. EPAP therapy is typically used as a non-invasive treatment option for mild to moderate obstructive sleep apnea (OSA) or as an adjunct therapy for individuals who may not tolerate CPAP or BiPAP therapy.

Oral Appliances (Mandibular Advancement Devices). These devices are custom-fitted by dentists or orthodontists and are designed to reposition the lower jaw and tongue to keep the airway open during sleep. They are typically used for mild to moderate obstructive sleep apnea (OSA) or individuals who cannot tolerate CPAP therapy.

Positional therapy. For individuals with positional obstructive sleep apnea, where the airway collapses mainly when they sleep on their back, positional therapy involves training or devices to encourage sleeping in a lateral (side) position to prevent airway obstruction.

Weight management. Excess weight can contribute to the severity of sleep apnea. Losing weight through diet and exercise can sometimes reduce or eliminate symptoms, particularly in cases of obesity.

Surgery. In some cases, surgical interventions may be recommended to address anatomical abnormalities contributing to sleep apnea. Surgeries may involve removing excess tissue from the throat, repositioning the jaw, or altering the structure of the upper airway to improve airflow during sleep.

Nasal devices. Nasal dilators, strips, or valves can help keep the nasal passages open, reducing nasal congestion and resistance to airflow. This may alleviate mild cases of sleep-disordered breathing.

Adaptive Servo-Ventilation (ASV) devices are similar to CPAP machines but can adjust air pressure levels based on an individual's breathing patterns. They are often used for central sleep apnea or complex sleep apnea syndrome.

Lifestyle modifications. Certain lifestyle changes, such as avoiding alcohol and sedatives before bedtime, maintaining a regular sleep schedule, and avoiding sleeping on your back, may help reduce the severity of sleep apnea symptoms.

Individuals experiencing symptoms of sleep apnea must consult with a sleep specialist or healthcare provider to determine the most appropriate treatment option based on their specific condition, medical history, and preferences. Treatment decisionse should be made in collaboration with healthcare professionals to ensure optimal management of sleep-related breathing disorders.

About the CPAP Lawsuits

Is there a Class Action For the CPAP Lawsuit?

Two main types of lawsuits were filed against Philips concerning defective CPAP machines: personal injury and class action. Personal injury lawsuits claim physical harm caused by defective machines, while class action lawsuits seek economic compensation for product replacement and other financial losses. Personal injury lawsuits may be consolidated into multidistrict litigation, while class action lawsuits collectively involve plaintiffs with similar claims seeking compensation. Individuals affected may qualify for both types of lawsuits.

In a CPAP class action lawsuit, plaintiffs typically share common allegations and damages, making litigating the case as a group rather than individually more efficient. This approach allows individuals with similar grievances to pool their resources and pursue legal action collectively, which can be particularly beneficial when seeking compensation for widespread issues affecting many consumers.

Class action lawsuits undergo a certification process to determine whether the case meets specific legal criteria for class action status. Once certified, the court appoints a lead plaintiff or a group of plaintiffs to represent the entire class and pursue the case on behalf of all class members.

Older man breathing through a cpap machine

Who Qualifies for a CPAP Lawsuit?

Individuals who have developed cancer and suspect a potential link to their use of defective Philips CPAP or ventilator devices may be eligible to pursue legal action through a Philips CPAP lawsuit. To qualify for a CPAP lawsuit, individuals must be under 80 years old and non-smokers, as this lawsuit excludes those who have a history of smoking from the eligibility criteria.

How to File a CPAP Lawsuit

Filing a CPAP lawsuit typically involves several key steps, and it's crucial to seek guidance from a qualified attorney that handles defective medical device litigation. Here's a general outline of the process:

  1. Consultation with an attorney. Start by scheduling a consultation with a lawyer experienced in handling CPAP lawsuits. During this initial meeting, you'll discuss your situation, provide details about your use of the CPAP machine and any health issues you've experienced, and gather information about your legal options.
  2. Case evaluation. The attorney will evaluate your case to determine its strength and viability. They will assess factors such as the extent of your injuries, illnesses, or damages, the evidence linking your health problems to the CPAP machine, and whether there are grounds for legal action against the manufacturer.
  3. Gathering evidence. To support your claim, your attorney will gather medical records, diagnostic tests, prescriptions, invoices or receipts for the CPAP machine, and any documentation related to your diagnosis and treatment. This evidence will help establish a link between your health issues and the defective CPAP device.
  4. Filing the lawsuit. If your attorney believes you have a strong case, they will file a lawsuit against the CPAP machine manufacturer on your behalf. The lawsuit will outline your claims, the damages you seek, and the legal basis for holding the manufacturer liable for your injuries or illnesses.
  5. Discovery process. After the lawsuit is filed, both parties will engage in the discovery process, exchanging information and evidence relevant to the case. This may involve depositions, interrogatories (written questions), document requests, and other legal procedures to gather information.
  6. Negotiation or trial. Depending on the case's circumstances and the parties' willingness to reach a settlement, negotiations may take place to resolve the matter outside of court. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will hear arguments from both sides and render a verdict.
  7. If successful, the outcome of the lawsuit may result in compensation for your injuries or illnesses, medical expenses, lost wages, pain and suffering, and other damages. Alternatively, if the case is resolved through a settlement, you'll receive a negotiated compensation from the manufacturer.

It's essential to work closely with your attorney and follow their guidance throughout the process to ensure the best possible outcome for your CPAP lawsuit. They will advocate on your behalf, protect your rights, and help you navigate the complexities of the legal system. By choosing a CPAP lawyer at Grimes Teich Anderson, you can rest assured that your case is in good hands.

Evidence Needed to Support a CPAP Lawsuit Claim

To support your claim in a CPAP lawsuit, you should consider partnering with a product liability attorney who comprehensively understands these complex cases. These legal professionals are well-versed in navigating defective medical device litigation and can guide you through the process with expertise and diligence.

Gathering the proper evidence is essential to building a strong claim that establishes a clear link between your use of the CPAP device and the medical problems and financial losses you have incurred. Here's a breakdown of the critical types of evidence your attorney will need:

Purchase receipts. Your lawyer will require documentation proving the purchase of the Philips CPAP device. These receipts are tangible evidence of ownership and usage, lending credibility to your claim.

Medical records. Comprehensive medical records are critical in demonstrating the CPAP machine's health issues. These records should detail any diagnoses, treatments, and adverse effects experienced as a result of CPAP usage, providing concrete evidence of the device's impact on your well-being.

Financial documentation. Invoices or receipts for medical expenses incurred due to CPAP-related health issues are crucial evidence of your financial losses. These expenses may include doctor's visits, medications, hospital stays, and other relevant healthcare services.

Expert testimony. Testimony from medical experts or other qualified witnesses can significantly strengthen your case by providing professional insights into the causal relationship between CPAP use and your health problems. Expert opinions lend credibility to your claims and help establish liability on the manufacturer's part.

Other supporting documentation. Your attorney will collect any additional relevant documentation, such as correspondence with healthcare providers, records of communication with the manufacturer or retailer, and any studies or reports highlighting safety concerns associated with the device.

By gathering strong evidence, your attorney can effectively advocate for your rights and pursue the compensation you deserve for the harm you've suffered due to the defective CPAP machine. With a lawyer at Grimes Teich Anderson by your side, you can confidently navigate the legal process and work towards achieving a favorable outcome in your Philips CPAP lawsuit.

Statute of Limitations for Filing a CPAP Lawsuit

Statutes of limitations are laws that establish the maximum time after an event occurs that a lawsuit can be filed. The laws vary by state and depend on the type of claim you are filing. For filing a CPAP lawsuit in North Carolina and South Carolina, the statutes of limitations typically applicable are as follows:

North Carolina CPAP Statute of Limitations

Personal Injury: Generally, the statute of limitations for personal injury claims, including those related to defective products like CPAP machines, is three years from the date of injury or discovery of the injury.

Product Liability: Product liability claims, which include defective CPAP device lawsuits, typically have a statute of limitations of three years from the date of injury or discovery of the defect.

South Carolina CPAP Statute of Limitations

Personal Injury: In South Carolina, the statute of limitations for personal injury claims, such as those arising from defective CPAP machines, is generally three years from the date of injury or discovery of the injury.

Product Liability: Product liability claims in South Carolina, including those related to defective CPAP devices, typically have a statute of limitations of three years from the date of injury or discovery of the defect.

It's important to note that statute of limitations laws can be complex and there are exceptions which can impact the deadline for filing. Instances such as injuries or illnesses manifesting over time may affect when the statute of limitations begins to run in your jurisdiction. . If you believe you have a potential CPAP lawsuit, it's crucial to consult with a qualified attorney at Grimes Teich Anderson as soon as possible to ensure that you understand your rights and obligations within the applicable time frame.

How Much is a CPAP Case Worth?

The value of a CPAP lawsuit case can vary significantly depending on various factors, including the extent of the injuries or damages suffered by the plaintiff, the strength of the evidence linking the injuries or illnesses to the defective CPAP machine, the jurisdiction where the lawsuit is filed, and the specific circumstances of the case. Here are some key factors that may influence the potential value of a CPAP lawsuit case:

Extent of injuries or illnesses. The severity and long-term effects of the injuries or illnesses caused by the defective CPAP machine will significantly affect the potential compensation. Injuries or illnesses that result in significant medical expenses, lost wages, pain and suffering, and diminished quality of life are likely to result in higher compensation.

Medical expenses. The compensation amount will factor in the costs of medical treatment, including hospital bills, doctor's visits, surgeries, medications, therapy, and ongoing medical care. Plaintiffs may seek compensation for both past and future medical expenses related to their CPAP-related injuries or illnesses.

Lost wages and loss of earning capacity. If the injuries or illnesses caused by the defective CPAP machine result in the plaintiff being unable to work or experiencing a loss of earning capacity, they may be entitled to compensation for lost wages, loss of future income, and diminished earning potential.

Pain and suffering. Compensation may also be awarded for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life experienced as a result of the CPAP-related illnesses or injuries. Calculating the value of pain and suffering is subjective and may vary depending on the jurisdiction and the specifics of the CPAP case.

Punitive damages. In some cases involving particularly egregious conduct by the manufacturer, such as intentional misconduct or gross negligence, punitive damages may be awarded to punish the defendant and deter similar conduct in the future. However, some jurisdictions do not always award punitive damages and are subject to statutory limits.

Ultimately, the value of a CPAP lawsuit will depend on the unique circumstances and facts of each individual case. So, plaintiffs must consult with experienced CPAP attorneys who can evaluate the case and its potential damages and advocate for fair compensation on their behalf.

Grimes Teich Anderson Attorneys

Protecting the Good People of The Carolinas

We value your health, well-being, and financial security. That's why it's essential to speak with a CPAP lawyer at Grimes Teich Anderson, who is committed to advocating for you throughout the claims and legal process. Our attorneys along with our national cocounsel are ready to stand by your side and fight for the justice you deserve.

For over four decades, we have served families throughout the Carolinas, providing compassionate legal representation and fighting to secure maximum compensation for our clients. With our extensive experience and unwavering dedication, you can trust us to navigate the complexities of your CPAP lawsuit every step of the way.

Contact us today by submitting a form online or calling our office at 800-533-6845 for a free consultation.

"I made a wise decision in choosing Grimes Teich Anderson to handle my personal injury claim. I would recommend them to anyone who finds themselves battling an insurance company that doesn’t care that you’re injured and in a bind. Great job guys."

Paul W.

Client

"Great experience having GTA handle my case. I will recommend them to all my friends and family. Very professional and knowledgeable about workers compensation law."

Rusty G.

Client

"What a great group to work with. Grimes Teich Anderson are very knowledgeable and take the time to go over everything and explain the process clearly to make sure you get the most you deserve. I highly recommend this firm."

Colleen M.

Client

Fighting For Your Legal Rights, Right By Your Side. Contact Our Law Offices Today.

To fully recover from an accident, you need an aggressive legal team that does not rest until they get the results you want and need. At Grimes Teich Anderson, our experienced team remains available to you 24/7. If you have questions about an injury or disability matter, contact us today.

Send a Message

* Required
Contact Form - Condensed

No attorney client relationship is formed with the submission of this contact form. Privacy Policy.

Office location map

We have multiple locations in the Carolinas to serve you

Grimes Teich Anderson offers free injury consultations and can get started on your case electronically.

ASHEVILLE OFFICE

535 College St,
Asheville, NC 28801
(828) 251-0800

Personal Injury Fax:
(828) 210-0178

Workers' Comp Fax:
(828) 236-9200

FRANKLIN OFFICE

244 Porter St Suite D,
Franklin, NC 28734
(828) 564-2488

Personal Injury Fax:
(828) 210-0178

Workers' Comp Fax:
(828) 236-9200

RUTHERFORDTON OFFICE

117 Laurel Dr,
Rutherfordton, NC 28139
(828) 286-1033

Personal Injury Fax:
(828) 210-0178

Workers' Comp Fax:
(828) 236-9200

SPRUCE PINE OFFICE

12474 NC-226,
Spruce Pine, NC 28777
(828) 766-7700

Personal Injury Fax:
(828) 210-0178

Workers' Comp Fax:
(828) 236-9200

WAYNESVILLE OFFICE

385 N Haywood St,
Waynesville, NC 28786
(828) 452-7888

Personal Injury Fax:
(828) 210-0178

Workers' Comp Fax:
(828) 236-9200

GREENVILLE OFFICE

111 E North St,
Greenville, SC 29601

Phone: (864) 421-0770
Fax: (877) 518-0107

*Each case is different, so not all information on this website, as well as some which may not be provided, will apply to every case. Because the facts and relevant laws are different from case to case, Grimes Teich Anderson does not guarantee that the outcome, results, or experiences with one lawyer or one case will be similar to another.

Except for Employment Law Cases, Attorney's fees are a percentage of the entire recovery and will be deducted before other expenses. In addition to the fee in these cases, Client will be responsible for litigation expenses, which will either be deducted from the recovery or paid by the client. Some Employment Law Cases may be handled on a contingency fee basis and others handled on an hourly basis, where the client is billed for the hours spent on the case. Based on our experience, we will advise you of the most appropriate fee arrangement in Employment Law cases.

Material on this website is for information purposes and is not legal advice.

Scroll to Top
Skip to content