Philips CPAP Machine Lawsuit

CPAP Plaintiff Attorneys

History of Philips CPAP Machine Lawsuit

In June 2021, Philips announced the voluntary recall of the Philip continuous positive airway pressure (“CPAP”) machine, resulting in millions of devices being recalled. It was identified that the Philip CPAP machine caused serious health risks, including causing many users cancer and other serious health issues.

The Philips CPAP recall was due to the polyester-based polyurethane (PE-PUR) sound abatement foam that was used in the Philips CPAP devices. The PE-PUR foam can degrade into small particles, which customers inhaled or ingested, which released chemicals that caused carcinogenic effects and other serious health issues. 

Not every CPAP machine or even every Philips CPAP machine used the polyester-based polyurethane (PE-PUR) sound abatement foam. Therefore, some Philips CPAP users have no reason to be concerned with the health risks of their CPAP machine. 

Why caused Philips CPAP Machines to be Recalled?

Philips was not forced to recall the above identified CPAP machines, rather Philips issued a voluntary recall over identified concerns with polyester-based polyurethane (PE-PUR) sound abatement foam. The concern was the PE-PUR foam in the CPAP machines may degrade resulting in inhalation or ingestion, which was toxic and could cause cancer. 

Basically, when the polyester-based polyurethane (PE-PUR) sound abatement foam degrades or falls apart, it releases tiny particles and/or gas that may be inhaled or ingested, which in sufficient amounts can be toxic or even cancerous. Philips CPAP users that inhale or ingest the polyester-based polyurethane (PE-PUR) sound abatement foam may suffer health issues from headaches to nausea and vomiting or potentially cancer causing carcinogenic effects. 

Philips stated the complaint rate was .03% in 2020; however, it elected to recall to ensure patient safety. Whether this is true or not is yet to be determined. Only the litigation process and CPAP plaintiffs’ attorneys fighting for justice for their clients will result in answers to Philips’ knowledge or lack thereof regarding the potential for their CPAP machines to cause cancer. 

Philips representatives specifically stated the following “The foam degradation may be exacerbated by use of unapproved cleaning methods, such as ozone, and high heat and high humidity environments may also contribute to foam degradation,” a statement we argue was defensive in nature and in preparation for the now pending litigation against Philips for its CPAP machines.

Philips CPAP Machines and Ventilators Recalled: 

A-Series BiPAP V30 Auto Ventilator
C Series ASV, S/T, AVAPS
DreamStation ASV
DreamStation SV, AVAPS
DreamStation CPAP, Auto CPAP, BiPAP
DreamStation GO CPAP, APAP
Dorma 400, 500 CPAP
E30 (Emergency Use Authorization)
Garbin Plus, Aeris, LifeVent Ventilator
OmniLab Advanced Plus In-Lab Titration Device
REMStar SE Auto CPAP
SystemOne ASV4
SystemOne (Q series)
Trilogy 100 Ventilator
Trilogy 200 Ventilator

Therefore, if you used one of the above-listed recalled Philips CPAP machines or ventilators for a period of over 12 months and were subsequently diagnosed with cancer or another serious health condition, you may be eligible for legal claims against Philips.

What’s wrong with PE-PUR Foam?

The foam that is intended to reduce noise in Philips CPAP machines, polyester-based polyurethane (PE-PUR) sound abatement foam, contains urethane. Unfortunately, the American Cancer Society has identified urethane as a cause of human carcinogen based on studies by the International Agency for Research on Cancer and the National Toxicology Program. These studies have identified evidence that supports urethane exposure may cause cancer in humans, including, but not limited to lung cancer, liver cancer, blood cancer, and other types of cancer.

What is Polyurethane in Philips CPAP PE-PUR Foam?

Polyurethane is a man-made chemical that is created by the combination of three substances, only one of which is naturally occurring. The following three chemicals after reaction create polyurethane that is found in the Philips CPAP foam and the chemical compound of the two, man-made chemicals that are separately toxic are depicted below:

  • Methylene Diphenyl Diisocyanate (“MDI”)
  • Toluene Diisocyanate (“TDI”); and
  • Polyols, which are naturally occurring sugars in alcohols. 

Both MDI and TDI are dangerous chemicals and must be handled with care. Additionally, TDI by itself is suspected of being a carcinogen classified as very toxic, i.e. may cause cancer in humans. Occupational safety administrations and agencies recommend workers do not come into direct contact with TDI, including The National Institute for Occupational Safety and Health (“NIOSH”).

As a foam, polyester-based polyurethane (PE-PUR), found in the Philips CPAP machine has been declared safe. However, the chemicals released by PE-PUR foam, either in gas or particle form, are dangerous and may cause cancer. This discovery is what lead to Philips determining the CPAP machines with PE-PUR foam required a recall. 

What is a CPAP Machine?

CPAP Machines or continuous positive airway pressure machines help a person with obstructive sleep apnea breathe more easily while asleep. CPAP machines increase the air pressure in your throat, causing your airway to remain open and not collapse when you breath in during sleep. 

While the amount of pressure created in your airway by a CPAP machine is greater than the atmospheric pressure, it is not enough to cause pain or discomfort in most patients. Although sleeping on your side is one of the best positions to prevent or reduce sleep apnea, most people with these issues naturally sleep on their back or stomach. Therefore, the CPAP machine allows your airway to remain open continuously while asleep.

Do You Qualify for CPAP Lawsuit?

You may be eligible to seek compensation for medical bills, lost wages, and other damages, if you used one of the recalled Philips CPAP machines and you were diagnosed with cancer or another serious health condition after use of the Philips CPAP machine. You are welcome to fill out the form on this page for a risk-free assessment of your eligibility to join the Philips CPAP lawsuit. We look forward to meeting you and providing answers to your questions.

Should I stop using my Philips CPAP Machine?

Not necessarily, you should check to determine, if your machine has been recalled by searching the serial number of your device in the database. Additionally, you should seek the counsel of your physician to determine your best treatment option, with or without a Philips CPAP machine. However, you should immediately stop using your Philips CPAP machine, if you determine that you have been using a recalled Philips CPAP machine.

Philips stated the following in its recall notice, “Philips recognizes that alternate ventilator options for therapy may not exist or may be severely limited for patients who require a ventilator for life-sustaining therapy, or in cases where disruption is unacceptable.” 

No matter what machine you are using, it may be in your best interest to speak to your doctor about new or worsening symptoms related to recalled Philips CPAP machines. 

Do not stop or alter your prescribed ventilator, CPAP, or any other breathing treatment, until you have spoken with your physician. In some instances where patient’s lives rely on the use of a Philips ventilator or CPAP machine, it may be recommended to continue use by your treating physician, despite the risks identified in this article. However, by implementing an inline bacterial filter and after consultation with your physician, your continued use of one of these devices may be your best option. Speak to your treating physician prior to making a treatment decision.

Status of Philips CPAP Recall

At the time of publishing this article, Philips Respironics has recalled millions of its continuous positive airway pressure (CPAP), bi-level positive airway pressure (BiPAP), and mechanical ventilator due to the above referenced carcinogenic and toxic effects of polyester-based polyurethane (PE-PUR) sound abatement foam or PE-PUR foam as it can escape as a gas or particles that are inhaled or ingested. 

Philips discovered during testing that the polyester-based polyurethane (PE-PUR) sound abatement foam, designed to dampen the sound of the device, was beig released into the airway of customers. Philips determined the inhalation or ingestion of polyester-based polyurethane (PE-PUR) sound abatement foam could cause at least the following consequences:

  • Carcinogenic effects
  • Respiratory issues
  • Risk of chemical exposure

Potential Cancers caused by Philips CPAP:

  • Bladder cancer
  • Brain cancer
  • Breast cancer
  • Hematopoietic (blood) cancer
  • Kidney cancer
  • Leukemia
  • Liver cancer
  • Lung cancer
  • Lymphatic cancer
  • Multiple myeloma
  • Nasal cancer
  • Non-Hodgkin lymphoma
  • Papillary carcinoma
  • Prostate cancer
  • Rectal cancer
  • Stomach cancer
  • Testicular cancer
  • Thyroid cancer

Other Serious Health Issues caused by Philips CPAP:

  • Acute respiratory distress system (ARDS)
  • Kidney/renal disease
  • Lung/pulmonary disease
  • Liver disease
  • Pleural effusion
  • Reactive airway disease (RAD)
  • Respiratory failure
  • Severe ear inflammation
  • Severe nose inflammation
  • Severe throat inflammation

How much would a lawsuit regarding my Philips CPAP Machine cost me?

You pay nothing, unless you are successful in your lawsuit against Philips and you receive compensation. Our team of Fierce Advocates™ will fight for you, if you qualify to seek compensation against Philips for a recalled CPAP or ventilator and have suffered one or more of the above health problems. Our firm will handle all costs associated with your case, if you become a client and we will only receive compensation, if you are successful in your case!

What to do if you suffered from Philips CPAP Machine?

Contact an experienced Plaintiff’s attorney to discuss your options and the way forward against Philips, if you suffered from use of a Philips CPAP machine. Our team is ready to answer your questions and help you determine the best way forward for you and your family, if you were impacted by Philips CPAP machines. We take the privilege of representing every client personally and stand by our claim of being Your Fierce Advocates™. We will investigate your case and fight for you.

Your Next Steps

Cannon & Associates is already fighting for many clients suffering from cancer and other serious health issues related to Philips CPAP machines and the PE-PUR foam, linked to cancer. We are ready to answer your questions and potentially assist you or your loved one in seeking the compensation you deserve. Contact Your Fierce Advocates™ to discuss your case and have your questions answered. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for answers to your questions. 

Cannon & Associates

Fierce Advocates

For Families and Freedom

Our Client Reviews

Over 250 5-Star Google Reviews

Quote Icon

"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."

- HOLLY ROSE

Quote Icon

"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."

- SHARON PINKARD

Quote Icon

"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."

- LEXI COYLE

Quote Icon

"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."

- ALAN MERRIMAN

Quote Icon

"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"

- MICHAEL RICKARD

Quote Icon

"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"

- ASHLEY

Quote Icon

"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."

- ATTORNEY COLLEAGUE

Quote Icon

"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."

- LAQUITA

Quote Icon

"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."

- TARA

Quote Icon

"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."

- DUDLEY

Quote Icon

"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."

- ZAVIEN

Quote Icon

"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- A FORMER CLIENT

Quote Icon

"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."

- CHRIS

Quote Icon

"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."

- CANDICE

Quote Icon

"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"

- TARA

Quote Icon

"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"

- DOMINIQUE

Quote Icon

"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"

- ANONYMOUS

Quote Icon

"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."

- S VANZANTE