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South Texas
Texas CPAP Injury Lawyer

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If you or a family member have developed an illness after using a Philips Bi-Level PAP (BiPap) or CPAP machine, The Gutierrez Law Firm can help you earn support. Our Texas CPAP Machine Injury Lawyers go to work immediately to get your hospital bills paid and demand full support for families who have lost loved ones. To learn more about your legal options, contact us today for a free, no-obligation consultation.

What’s Wrong with the Philips CPAP Machine?

Victims using Philips BiPAP and CPAP machines have reported suffering from respiratory illnesses and lung injuries. Some users have also tragically developed cancer.

At the start of January 2024, the FDA had received 116,000 medical device reports, including 561 reports of death allegedly related to CPAP machine exposure since 2021.

The FDA identified health hazards related to the breakdown of a foam component in those devices that are thought to disintegrate and cause the user to inhale or ingest toxic substances. This was the result of their research:

“The polyester-based polyurethane (PE-PUR) foam used in these devices to reduce sound and vibration can break down. If the foam breaks down, black pieces of foam, or certain chemicals of concern, called volatile organic compounds (VOCs) that are not visible, could be breathed in or swallowed by the person using the device. Breathing in certain chemicals or swallowing small pieces of foam that has broken apart could potentially result in potential health risks.”

The FDA has inspected a Philips manufacturing plant in Pennsylvania and demanded additional testing on the machines.

USA Today reports that more than 15 million machines have been voluntarily recalled by Philips since 2021. The recalls have largely involved Philips DreamStation CPAP, or continuous positive airway pressure, machines used to treat sleep apnea. In the United States, the recalled devices were sold between 2008 and 2021 in the US. An FDA release noted above includes a full list of the exact machines and models involved.

2024 Philips CPAP Settlement Agreement

In April of 2024, CNN reported Philips announced a personal injury settlement of over a billion dollars to victims who said they were injured by their CPAP machines. The company also agreed to pay $25 million in a medical monitoring settlement. The money will go to people who file injury claims against the company and for further medical research.

Despite the settlement, Philips, a Dutch medical device maker, still doesn’t admit fault or liability. The company also maintains that the settlement doesn’t mean it admits that any injuries that victims suffered were caused by CPAP machines.

The settlement funds will help, but victims also need to know that justice will be served for what’s been done to them and their families. That may not happen for patients who don’t have a skilled Texas attorney from The Gutierrez Law Firm safeguarding their case and making sure victims earn everything they need to recover.

What Types of Illnesses Are Associated with Philips CPAP Machines?

The toxic foam that can potentially be released from a Philips CPAP or BiPAP machine can definitely do damage when it is allowed into the body. That’s usually through the victim’s air passages.

Illnesses and diseases involve respiratory functions. These are just a few of the health problems victims have reported and that can earn compensation:

  • Chest pain
  • Coughing
  • Nausea
  • Internal organ damage
  • Pneumonia
  • Asthma
  • Infection
  • Lung mass in the form of nodules
  • Cancer

Exposure to the toxic chemicals found in the foam used in CPAP machines can lead to life-threatening cancer cases. Victims have reported developing kidney, liver, lung, and breast cancer, and many other forms of cancer.

Do I Need a Lawyer to Secure Money from Philips After a CPAP Injury?

You don’t have to have a lawyer to file a claim against Philips, but you may risk losing out on important support. When you don’t have a legal representative fighting for your share of the settlement money, you can end up with much less than you need to recover.

With the latest settlement agreement, victims may start to receive support in 2025. However, not everyone will receive the same level of compensation. Victims can end up receiving a greatly reduced share of the settlement that doesn’t cover all of their hospital bills and the time they’ve had to be out of work. They can end up paying for part of their damages out of their own pockets.

Your lawyer is a safeguard against this shady treatment and will demand much more if necessary. Your lawyer helps you recover medical records as far back as needed to show what the use of a CPAP machine has done to you. Your lawyer can also secure medical experts to testify on your behalf. These steps ensure that a judge will have the full story before deciding what level of support you’ll be awarded.

What Type of Things Can Be Compensated in a CPAP Settlement?

If you or a loved one used a Philips BiPap or CPAP and were later diagnosed with cancer, lung disease, or a lung injury, The Gutierrez Law Firm could seek these damages:

  • Past and future medical expenses to treat your injuries
  • Past and future pain and suffering you have experienced because of your injuries
  • Wage losses, if any
  • Other economic losses experienced because of your injuries
  • Wrongful death benefits for families

Can My Family Get Support After a Family Member Dies Due to CPAP Machine Exposure?

Yes. Family members can seek justice and support after losing a loved one to a CPAP machine-related illness. Families should seek money to cover funeral and burial costs. They must receive funds to cover any remaining hospital bills and for medical bills going back years if necessary.

Loved ones should also be supported in the future when the income a victim may have provided can no longer help maintain the family financially.

In Texas, the victim’s surviving spouse, the children of the victim, or the parents of the victim can file a wrongful death claim. One family member can file on behalf of all beneficiaries. A skilled Texas wrongful death lawyer can also file on behalf of the family and make sure they receive the support they need to protect themselves from financial hardship.

If I’m Already a Part of a CPAP Injury Legal Claim, Do I Have to Do Anything to Receive Compensation?

Yes. Even if you have already joined litigation against Philips, you will still need to file a claim under the new settlement deal to receive funds. A lawyer with Gutierrez Law Firm can help you ensure you are signed up for support properly.

Not everyone will receive the same level of support, so your lawyer will also make sure you receive a share that is fair for what you and your family have been put through.

Contact a Texas CPAP Injury Lawyer as Soon as Possible

If you are unsure if you need a lawyer for a case or not, contact us today to schedule a free consultation. There’s no risk, and it’s an easy way to determine what your CPAP injury case is worth and how to make sure you receive everything you require. The team at Gutierrez Law Firm is unafraid to fight for you against worldwide companies and their corporate lawyers.

We demand the maximum in compensation possible for our clients and make sure they receive support for as long as necessary.

You should never worry about finding the money to hire a skilled legal representative to guide you through your case. Gutierrez Law doesn’t get paid unless we win CPAP compensation for you. Then our fee comes out of the award Philips must pay.