Are you struggling with cancer or lung problems after using a CPAP, BiPAP, or mechanical ventilator in Tampa, FL? You may be entitled to significant compensation. An experienced personal injury lawyer at Catania & Catania Injury Lawyers can help you file a CPAP lawsuit to recover fair compensation for medical bills, lost wages, and more.
Our lawyers have over 120 years of collective experience fighting for injured clients across the Tampa Bay area. We’ve recovered over $500 million for our satisfied clients over the years.
If you were harmed because of a defective CPAP device, you’re not alone. Contact our law offices in Tampa, Florida, or give us a call at (813) 222-8656 to schedule a free consultation to discuss your legal options today.
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How Can Catania & Catania Injury Lawyers Help With a CPAP Lawsuit in Florida?
When you suffer from an illness, you’ll do whatever you can to improve the condition. You should be able to expect that the medical devices recommended by doctors will make you better. Unfortunately, certain CPAP machines used to treat sleep apnea actually made people worse.
At Catania & Catania Injury Lawyers, we’re passionate about holding big pharmaceutical companies responsible for the harm they’ve caused. Our number one priority is helping you get the full financial compensation you deserve.
Our award-winning Tampa personal injury lawyers have earned an AV Preeminent Rating from Martindale-Hubbell. We also won the Martindale-Hubbell Client Champion Silver award in 2020.
Hiring us means you’ll have an attorney to:
- Work diligently to prove that your illness was caused by your CPAP machine
- Hire experts and specialists to strengthen your case
- Review your medical records and calculate the fair value of your personal injury claim
- Handle all negotiations with the insurance company and defense lawyers on your behalf
You may deserve compensation, but it isn’t always easy to get the full amount you deserve. Call today to learn more about how our Tampa personal injury attorneys will fight for you.
Why Are People Filing CPAP Lawsuits?
CPAP is a type of continuous positive air pressure treatment. CPAP therapy is the standard treatment process for individuals with sleep apnea. A CPAP machine delivers airflow through a mask that covers the patient’s nose and mouth to prevent the airways from collapsing overnight.
In June 2021, Philips Respironics voluntarily recalled millions of ventilators, bi-level positive airway pressure (Bilevel PAP, BiPAP, or BPAP), and continuous positive airway pressure (CPAP) machines.
People who used Philips CPAP machines are filing lawsuits because there is evidence to suggest that Philips knew that the devices could cause serious harm.
Philips used polyester-based polyurethane foam to lessen the sound caused by these machines, allowing users to sleep better at night. Over time, the PE-PUR foam can degrade, especially when cleaned with ozone products or in high humidity or high temperatures. When the foam begins to degrade, pieces of foam and chemicals can be inhaled by the person using the machine.
The Food and Drug Administration (FDA) conducted an investigation and found that Philips knew the foam could break down and create toxic chemicals. Those chemicals can be carcinogenic when inhaled or swallowed.
The lawsuits allege that Philips knew about the risk of harm and failed to warn consumers. Philips announced that it would replace the existing machines, but later found that the materials used in the replacement machines also created a risk of serious long-term harm.
What Is My Philips CPAP Lawsuit Worth?
Every CPAP injury case is slightly different. Your settlement will depend on the nature and severity of your injuries.
Your settlement award will also depend on:
- Your prognosis and whether you’re expected to suffer permanent damage
- The cost of your medical treatment, including both past and anticipated future care
- Whether you’ll be able to work during and after recovery
- How the harm you’ve suffered will impact your quality of life
Lawyers have already sought multidistrict litigation (MDL) class action. That means CPAP lawsuits against Philips will be consolidated in a single federal court.
Our Tampa personal injury attorneys at Catania & Catania Injury Lawyers will carefully review the facts of your case. We’ll hire experts and specialists when needed to prove your losses.
What Types of Damages Are Available to CPAP Injury Victims?
The product recalls of the DreamStation and other CPAP devices came after millions of consumers had already been exposed to toxic substances. If you were exposed, you might be entitled to significant damages.
Under Florida personal injury laws, victims may be entitled to economic damages for:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Surgeries and specialized therapies
- In-home assistance
Victims can also hold the CPAP manufacturer liable for their non-economic damages, including:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Reduced life expectancy
- Depression, anxiety, and other mental health disorders
- Loss of consortium
You may be entitled to a substantial compensation award. Our lawyers are here to fight for the fair compensation you deserve. Call our Tampa personal injury law firm to schedule your free case review today.
Signs and Symptoms of Exposure to Toxic Chemicals After Using a CPAP Machine
Warning signs that may indicate you’ve been exposed to toxic substances after using a CPAP machine include:
- Headaches
- Development of asthma
- Coughing or chest pain
- Dizziness
- Sinus infections
- Inflammation or irritation of the airways
- Upper respiratory infection
- Skin or eye irritation
- Irritation of the respiratory tract
- Toxic and “carcinogenic effects”
It’s essential to seek medical care quickly if you’ve used a CPAP machine to treat sleep apnea and begin to experience symptoms.
We’ll Fight to Recover Compensation For All of Your CPAP Injuries
The sound abatement foam used in Philips CPAP machines can cause significant harm.
At Catania & Catania Injury Lawyers, we’ll fight to recover full compensation for all of the harm you’ve suffered due to a defective CPAP machine, including:
- Acute Respiratory Distress Syndrome (ARDS)
- Pulmonary fibrosis
- Cancer, including bladder, brain, breast, kidney, or liver cancer
- Non-Hodgkin Lymphoma
- Kidney and renal damage
- Chemical poisoning
- Cardiovascular problems, including heart attack and heart failure
- Hematopoietic cancer
- Inflammation of the ears, nose, and throat
- Liver damage
- Respiratory failure
- Papillary carcinoma
- Pleural effusion
- Prostate cancer
- Reactive Airway Disease (RAD)
Did you develop cancer, a respiratory disorder, or another illness after using a CPAP machine for sleep apnea? Call our CPAP lawsuit attorneys at Catania & Catania Injury Lawyers today. We offer a free case review so you can learn more about your legal rights without financial risk.
How Do I Establish Liability in a CPAP Lawsuit in Florida?
CPAP lawsuits are based on product liability laws. Like any other product manufacturer, manufacturers of medical devices are required to make sure their products are reasonably safe for consumer use. Manufacturers that sell dangerous or defective products can be held strictly liable for damages under Florida’s product liability laws.
There are three types of defects that generate strict liability:
- Manufacturing defects
- Design defects
- Marketing defects or failure to warn
CPAP lawsuits involve both design defects and marketing defects. A design defect is a defect in the product’s design. Because the foam used in Philips CPAP machines has been found to cause serious harm, the entire line of products may suffer from a design defect.
To recover damages, you’ll have to prove a few different things, including:
- As designed, the product produced a risk of harm
- The risk was unreasonable
- A reasonable, safer alternative design existed
On the other hand, CPAP machines may also suffer from a marketing defect. Some products pose a risk of harm regardless of how they’re designed. When there isn’t a reasonable way to make the product safer, the manufacturer is required to warn consumers about the risk of harm. That way, you have all the information you need to make an informed decision about the product.
Evidence shows that Philips knew its CPAP machines were dangerous and failed to warn consumers about the risk.
In fact, Philips has admitted that its machines can emit the following toxic substances:
- Diethylene Glycol
- Toluene Diamine
- Toluene Diisocyanate
The Philips sleep apnea machines impacted countless Americans. If you were injured, you might be eligible to participate in a class-action lawsuit. However, mass tort cases can be complex. Our lawyers will do everything we can to recover the maximum compensation you deserve, so give us a call today for a free case evaluation.
How Long Do I Have to File a CPAP Lawsuit in Florida?
You only have a limited amount of time to file a personal injury lawsuit. The statute of limitations in Florida is generally four years. However, the four-year clock doesn’t start running until you knew or reasonably should have known about your injuries.
Don’t miss the deadline that applies to your case. If you have questions about your rights, don’t hesitate to reach out to learn more today.
Questions About CPAP Lawsuits? Contact Catania & Catania Injury Lawyers for a Free Consultation
Do you have questions about CPAP lawsuits? Our personal injury lawyers at Catania & Catania Injury Lawyers have answers. Call or contact us online to schedule your free initial consultation to learn more about how we’ll fight to protect your legal rights.
