CPAP Lawyer: How to Find Your Representation

woman deeply asleep on a clean white sheet

A Continuous Positive Airway Pressure (CPAP) device is a type of medical equipment used primarily by individuals diagnosed with sleep apnea.

Sleep apnea is a common sleep disorder characterized by repeated interruptions in breathing during sleep, which can lead to a variety of health issues if left untreated. A CPAP device works by delivering a steady stream of pressurized air into the user’s airway to keep it open and prevent these interruptions.

Several models of CPAP machines have been recalled due to potential health risks. The recall was initiated after it was discovered that certain devices were releasing particles and gases that could be inhaled or swallowed by users.

This recent development has led to numerous sleep apnea device lawsuits, with many CPAP users considering if they are within legal grounds for compensation.

How Do I Find a CPAP Lawyer?

A CPAP lawsuit requires claimants to undergo stringent legal processes even before filing a claim. This is why having a legal professional to help you can increase your chances of reaching and receiving compensation.

Listed in this table are the different ways to find a CPAP lawyer, along with each method’s advantages and disadvantages:

MethodAdvantagesDisadvantages
Legal directories and review sites
  • Detailed profiles and backgrounds
  • Allows for comparison of qualifications
  • Reviews and ratings may not fully reflect lawyer’s expertise
  • Information can be overwhelming
Specialized legal networks
  • Contains lawyers with proven expertise and success
  • Offers case-specific advice
  • May require membership or connections for access
  • Smaller pool of lawyers compared to broader directories
Referrals from other attorneys
  • Personal endorsement from a legal professional
  • Potential insider knowledge on lawyer’s success and specialization
  • Depends on the quality of your network
  • Limited to the recommending lawyer’s personal contacts
Online forums and social media
  • Direct feedback from previous clients
  • Diverse opinions and options
  • Information may not be verified
  • Risk of biased opinions
Local law schools
  • Free or low-cost services
  • Connection to the latest legal research and methods
  • Services provided by law students, not seasoned attorneys
  • Availability might be limited

You need an experienced CPAP lawyer to help you navigate the different steps in filing a lawsuit. They’ll also research recent developments in cases that can help you get the settlement you deserve.

Questions You Should Ask Your Potential Lawyer During Initial Consultation

When meeting with a potential lawyer for your sleep apnea device lawsuit, it’s crucial to ask the right questions to assess their suitability for your case. During your initial consultation, ask questions that should help you understand their experience, approach, and potential costs associated with their services.

This meeting can help you evaluate your lawyer. Asking the right questions should give you a good sense of whether they are the right fit for your case.

Check Their Experience and Expertise

Begin by inquiring about their experience and expertise in handling similar cases. Ask questions like:

  • How many sleep apnea device lawsuits have you handled?
  • How much do you know about Philips CPAP machine lawsuits?
  • Do you specialize in medical device lawsuits or do you have a broader practice?

Determine Their Approach to Your Case

Understanding how they plan to approach your case can give you insight into their strategy and work style. Consider asking:

  • How would you approach my case?
  • What potential challenges do you foresee in assessing Philips devices?
  • How will you keep me informed about the progress of my case?

Account for Their Fees and Costs

Legal services can be expensive, so it’s important to have a clear understanding of the potential costs. Ask questions such as:

  • Do you charge on an hourly basis or do you work on a contingency fee basis?
  • What costs, other than your fees, can I expect to incur (e.g., court fees, expert witness fees)?
  • Can you provide a rough estimate of the total cost?

Confirm Their Availability

Effective communication with your lawyer is key to a successful lawsuit. Ask about their communication style and availability:

  • How often can I expect updates from you?
  • What is the best way to reach you if I have questions or concerns?
  • Who else in your office will be working on my case and can I contact them?

Understanding Compensation in a Sleep Apnea Device Lawsuit

The amount of compensation awarded is determined based on various factors. This includes the severity of the plaintiff’s health issues, the impact on their life and work, and the conduct of the device manufacturer.

In a successful sleep apnea device lawsuit, the type and amount of compensation awarded can vary greatly. However, there are several common types of damages that plaintiffs may be eligible to receive.

Medical Expenses

doctor checking a diagnosis on medical chart

This includes costs for any medical care necessary due to issues caused by the recalled CPAP device. It can cover past, current, and future medical bills related to the device’s effects.

These expenses may include hospital stays, surgeries, medications, physical therapy, and any other necessary treatments.

Lost Wages

If the health issues caused by the recalled device have resulted in time away from work, plaintiffs may be compensated for lost wages. This can also extend to future earnings if the plaintiff is unable to return to work or can only work in a limited capacity.

Pain and Suffering

This refers to the physical pain and emotional distress experienced by the plaintiff as a result of the faulty device. It can be difficult to quantify, but it’s often calculated based on the severity of the pain and the impact on the plaintiff’s quality of life.

Loss of Consortium

If the health issues caused by the recalled device have negatively impacted the plaintiff’s relationship with their spouse, they may be eligible for loss of consortium damages. This compensation is meant to address the loss of companionship, affection, and sexual relations.

Punitive Damages

In some cases, if the conduct of the device manufacturer is found to be particularly egregious, punitive damages may be awarded. These are intended to punish the defendant and deter similar behavior in the future.

Know Your Worth: Consulting with a lawyer who specializes in product liability or medical device lawsuits can also help determine the potential compensation you can receive from certain damages.

Potential Outcomes of a Sleep Apnea Device Lawsuit

The potential outcomes of a sleep apnea device lawsuit can vary greatly depending on the case’s specifics. Judgment in your case will include assessing your incurred injuries, the degree of negligence of the device manufacturer, and the quality of your legal representation.

Here are some possible outcomes you can expect:

Dismissal

If the court finds that the plaintiff’s claim lacks merit, the lawsuit may be dismissed. This could occur if the plaintiff cannot provide sufficient evidence to support their claim, or if the statute of limitations for filing the lawsuit has expired.

Settlement

Many lawsuits are resolved through settlements before they reach trial. In a settlement, the defendant agrees to pay the plaintiff a certain amount in exchange for the plaintiff dropping their lawsuit.

The amount of the settlement can vary widely and is typically negotiated between the plaintiff’s and defendant’s lawyers.

Trial Verdict

If the lawsuit goes to trial and the plaintiff wins, the court will award damages. The amount of damages awarded will depend on your lawyer’s strategy.

Appeal

If the plaintiff or defendant is not satisfied with the outcome of the trial, they may choose to appeal the decision to a higher court. An appeal can result in the original decision being upheld, reversed, or a new trial being ordered.

Overview of CPAP Machine Recalls

The ongoing Philips CPAP lawsuit has forced the Dutch health technology company to face substantial economic losses. This follows the recall of several Philips CPAP machines in 2021 over concerns about their foam material being a health risk.

The specific models affected by the recall include certain versions of the following:

  • Bi-Level PAP devices
  • Mechanical Ventilator Devices
  • Auto CPAP machines
  • Other devices that treat sleep apnea

The recall was issued by the manufacturers and supported by the Food and Drug Administration (FDA), which oversees the safety and efficacy of medical devices in the United States. The FDA has advised patients using the recalled devices to consult with their healthcare providers to discuss alternative treatment options.

The recall has significant implications for users of these devices, as exposure to the degraded foam particles and gases can potentially lead to various health issues. As a result, many users of these devices have sought legal recourse, leading to a surge in sleep apnea device lawsuits.

Just this year, Philips Respironics announced that it would stop selling its breathing machines in the US until it resolves its technical flaws. This has caused alarm for many doctors and patients over finding immediate alternatives to available respiratory care devices.

Follow The News: Always pay attention to news and regulatory developments on CPAP lawsuits to see if any of them can significantly affect your case’s success.

Potential Health Risks Associated With Recalled CPAP Devices

illustration of a CPAP device

The recalled CPAP devices contain materials that can potentially degrade into small particles, which can be inhaled by the user. This can lead to various health issues, including:

  • Irritation: The particles can irritate the airways and lungs, leading to coughing, chest discomfort, and difficulty breathing.
  • Inflammation: Inhaled particles can trigger an inflammatory response, potentially exacerbating conditions like asthma or chronic obstructive pulmonary disease (COPD).
  • Infections: The degraded particles can potentially carry bacteria or fungi, increasing the risk of respiratory infections.

In addition to these particle-related risks, some of the recalled devices have also been found to emit various Volatile Organic Compounds (VOCs). Exposure to these VOCs can lead to additional health issues, such as:

  • Headaches and dizziness: VOCs can affect the central nervous system, causing symptoms like headaches, dizziness, and impaired coordination.
  • Eye, nose, and throat irritation: VOCs can irritate the mucous membranes, leading to symptoms like a sore throat, itchy eyes, and a runny or congested nose.
  • Nausea and vomiting: Some people may experience gastrointestinal symptoms like nausea and vomiting due to VOC exposure.

The severity and likelihood of these health risks can vary based on several factors, including the specific device model, the length and frequency of use, and the user’s existing health conditions.

Users of recalled CPAP devices are advised to consult with their healthcare provider to discuss their risks and potential alternatives to the recalled device.

How Do I Know if I Have a Valid Case for a Sleep Apnea Device Lawsuit?

Determining the validity of a sleep apnea device lawsuit involves several key factors. These can be broadly categorized into three main areas: the nature of the device, the impact on the user, and the manufacturer’s actions.

Nature of the Device

The first factor to consider is the nature of the device itself. This includes the specific model of the CPAP device, whether it’s part of the recall, and the reason for the recall.

For instance, if the device has been recalled due to a defect that could potentially cause harm to the user, this could form the basis of a valid lawsuit.

Impact on the User

The second factor is the impact on the user. This involves assessing whether the user has suffered any harm or injury from using the recalled device.

Harm or injury could include physical ailments, such as respiratory problems or infections, or psychological harm, such as anxiety or distress. It’s also important to consider whether the user has incurred any financial losses, such as medical bills or lost wages, due to harm or injury.

Actions of the Manufacturer

Examining whether the manufacturer was aware of the defect and failed to take appropriate action helps determine if the manufacturer is at fault.

Evidence of negligence or misconduct on the part of the manufacturer could strengthen the validity of a lawsuit. Potential plaintiffs should gather as much information as possible, including medical records, receipts for the device, and any correspondence with the manufacturer.

Get Expert Help: It’s always best to seek professional advice to fully understand your rights and options. Contact our team at Justice Hero, and our legal experts will assess your case if you should proceed with a lawsuit.

lawyer checking email on laptop

The continual wave of Philips CPAP lawsuits is a positive sign that legislators and regulatory bodies are responding to claimants. While preventing the company from selling sleep apnea machines for the time being is well and good, it’s also important for the company to be accountable for potential damage to individual patients’ lives.

If you used a recalled Philips CPAP machine for obstructive sleep apnea, you must have proper legal representation to protect your rights.

Need a Lawyer?

Contact us today for a free consultation.

Case Status:
Ongoing

Defendants:
Koninklijke Philips N.V. (Royal Philips), Philips North America LLC, and Philips RS North America LLC

Injuries:
Cancer, lung damage, and respiratory conditions