A recent CPAP cancer lawsuit filed April 12, 2024) alleges a Kentucky man's use of a Philips DreamStation for six years led to his breast and bone cancer diagnosis in February 2023. This lawsuit highlights ongoing concerns about Philips' handling of the massive CPAP recall initiated in 2021.
The lawsuit centers on Philips' alleged knowledge of risks associated with the polyester-based polyurethane foam in their machines. This foam, according to the complaint, can degrade and release toxic particles users inhale, potentially causing severe health problems. The plaintiff claims significant physical and emotional distress due to these defects, including invasive cancer treatments and aftereffects.
This lawsuit coincides with a recent federal court ruling on April 9th that highlights significant issues with Philips' handling of the 2021 CPAP recall. The judge not only banned Philips from distributing and manufacturing BiPAP and CPAP machines in the United States until they meet specific FDA requirements, but also imposed a series of corrective actions.
These court-ordered actions underscore the seriousness of the situation:
The consent decree further restricts Philips, prohibiting them from selling new CPAP, BiPAP, or other respiratory care devices in the US until they meet specific safety and regulatory standards. This sales ban signifies a major blow to the company and emphasizes the severity of the situation.
An in-depth ProPublica investigation sheds light on a troubling pattern of behavior by Philips leading up to the recall:
Multiple lawsuits are ongoing, including personal injury claims and class actions seeking medical monitoring and research into the devices' health risks. While Philips settled some cases in September 2023 for $479 million, they maintain the machines haven't been proven to cause injuries.
The full extent of the health crisis may take years to determine. With ongoing litigation and investigations, the fight for accountability and compensation for those potentially affected by Philips' CPAP machines continues.
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