Amazon CPAP Mask Pad Lawsuit Alleges LiquiCell Product Caused Facial Scarring

Liquid-filled pads are supposed to prevent irritation from hard medical devices rubbing against the skin, yet a lawsuit claims they had the opposite effect.

A Pennsylvania man has filed a product liability lawsuit indicating that LiquiCell Shear Points, designed to cushion the face from CPAP masks, caused his skin to blister, leaving him with permanent scars.

The complaint (PDF) was brought by William Surkis in the U.S. District Court for the Eastern District of Pennsylvania on October 9, naming Birchwood Laboratories LLC, Amazon.com Inc., Amazon.com Services LLC, Amazon Fulfilment Services Inc. and Amazon Web Services Inc. as defendants.

Manufactured by Birchwood Laboratories, LiquiCell Shear Points are thin, liquid-filled membranes placed between medical devices and the skin to reduce friction, particularly around the nose and cheeks where CPAP masks or oxygen tubing may cause irritation. The pads use adhesives marketed as suitable for sensitive skin to hold them in place.

According to Birchwood’s product literature, the pads are designed to allow skin to move more freely against medical equipment, reducing friction and pressure that can contribute to skin breakdown. In addition to CPAP masks, LiquiCell Shear Points are marketed for use with oxygen tubing, eyeglasses, braces and other devices that remain in contact with the skin for extended periods.

However, Birchwood’s product safety data sheet acknowledges that the membranes may cause skin irritation in sensitive individuals. The document also warns that silicone fluid released if a membrane ruptures may irritate the skin, potentially causing redness, itching and other reactions.

Surkis claims the LiquiCell Shear Points he purchased through Amazon.com were defectively designed, defectively manufactured and failed to provide him with adequate safety warnings. He further alleges the products’ manufacturer and seller materially misrepresented the effectiveness and safety of the devices.

CPAP Mask Pad Scarring Allegations

According to the complaint, Surkis received the LiquiCell Shear Points through an Amazon delivery on October 12, 2024. He began using them with his CPAP mask eight days later.

“Within 48 hours of using the LiquiCell Shear Points, Plaintiff developed a raised rash and blistering on his nose at the location where the LiquiCell Shear Points were placed.”

– William Surkis v. Birchwood Laboratories LLC et al.

The lawsuit states that the blisters left Surkis with permanent facial scarring, which he attributes to defects in the LiquiCell Shear Points product.

Surkis maintains that the pads’ materials or adhesives may have contributed to his injuries, despite using them as instructed without any modifications.

The lawsuit raises allegations of strict product liability, negligence and breach of warranty. It seeks compensatory damage for past and future medical expenses, pain and suffering, mental anguish, embarrassment and loss of life’s pleasures.

CPAP and Breathing Device Problems

The new lawsuit involves a different product and alleged defect than the massive Philips CPAP and other breathing device recalls that began in 2021. Philips recalled approximately 15 million devices worldwide after discovering that sound-dampening foam used to reduce the machines’ noise could break down and release potentially harmful particles and chemicals into users’ airways.

The FDA warned that exposure to the deteriorating foam could cause respiratory irritation, headaches, asthma, inflammatory reactions and potentially toxic or cancer-causing effects. Thousands of individuals subsequently filed Philips CPAP lawsuits, alleging the manufacturer knowingly sold defective devices that exposed consumers to serious health risks.

The federal litigation was centralized in the U.S. District Court for the Western District of Pennsylvania in October 2021, where claims involving injuries such as cancer, respiratory problems and other illnesses were consolidated for coordinated pretrial proceedings. The lawsuits raised allegations that Philips failed to adequately investigate reports of foam deterioration or warn consumers about the potential dangers before issuing the recall.

In April 2024, federal regulators also obtained a consent decree requiring Philips Respironics to address manufacturing and quality-control problems. The agreement restricted the company’s ability to manufacture and sell certain new breathing devices at several U.S. facilities until specified safety requirements were met, while also requiring continued efforts to repair, replace or provide refunds for recalled machines.

Philips agreed to a $1.1 billion CPAP recall settlement in April 2024, resolving most claims involving alleged personal injuries and the need for medical monitoring. The company did not admit liability or acknowledge that its devices caused the injuries alleged in the litigation.

Sign up for more legal news that could affect you or your family.