Lung Cancer Lawsuit Filed Over Recalled Philips CPAP Machine
A product liability lawsuit, filed in the wake of a recent Philips CPAP machine recall claims defective sound abatement foam inside the sleep apnea device released toxic gases and particles, causing a Florida man to develop lung cancer and other respiratory injuries.
Frederick Heller filed the complaint (PDF) in the U.S. District Court for the Middle District of Georgia on July 2, naming Koninkelijke Philips N.V. and its subsidiaries as defendants.
According to allegations raised in the lung cancer lawsuit, Philips CPAP machines contained unreasonably dangerous and defective PE-PUR foam, which was intended to dampen device vibrations and sound during routine use. However, it has recently been discovered that the CPAP machine foam degrades over time, releasing black particles and fumes directly into the airways of users.
Learn More About Philips CPAP Recall lawsuits
Millions of recalled Philips DreamStation, CPAP, BiPAP and ventilator machines may release toxic foam particles and chemicals into the air pathway.
As a result of the problems, Philips recalled 3.5 million Dream Station, CPAP machines, BiPAP machines and mechanical ventilators last month, warning patients not reliant on the devices for life-sustaining therapy to stop using the sleep apnea machines due to the serious health risks it may pose.
Heller indicates he owned one of the recalled CPAP machines, which was a REMstar Auto A-Flex device, which is also known as a System One. He used the sleep apnea machine on a daily basis since 2015, to treat obstructive sleep apnea, sometimes using it twice per day to take naps.
As a result of inhaling the degraded CPAP machine foam and gases, Heller indicates he suffered harm to his respiratory system, cellular damage, DNA damage, and was diagnosed with lung cancer in June 2021.
“Plaintiff’s use of the subject device caused or significantly contributed to his development and progression of lung cancer, which has permanently changed his life,” the lawsuit states. “By reason of the foregoing, Plaintiff has had to undergo significant treatment, will be required to undergo significant treatment in the future, and now requires constant and continuous medical monitoring and treatment due to the defective nature of the subject device and/or Defendants’ wrongful conduct.”
The case joins a growing number of similar Philips CPAP machine lawsuits being filed on behalf of former users diagnosed with cancer and other injuries.
Heller presents claims of design defect, failure to warn, manufacturing defect, negligent design, negligent failure to warn, negligent manufacturing, gross negligence, negligent misrepresentation, fraud, fraudulent concealment, civil conspiracy, unjust enrichment, breach of warranty, violation of fair business practice laws, and seeks both compensatory and punitive damages.
RichardOctober 7, 2021 at 4:58 pm
My husband has used one for several years. Now all of the sudden ,he has a sore throat, lots of drainage, and breathing issues. He is 66 also he is recovering from Carbon Monoxide poisoning. So he has a dbl whammy hitting him at the same time. I am his wife, caregiver, and pretty much every single person he needs. I am also his power of attorney to make
JeanneOctober 7, 2021 at 1:48 am
Several years ago I was placed on a Respironic C and used it for about 8 months and was sick almost from the time I started using it until I just quit. I have never felt the same since, feel sick all the time. I feel like it made my lung issues progress much faster.
KathyOctober 4, 2021 at 3:50 pm
I have used the c pap for a few years. I got lung cancer and had to have most if my right lung removed. I cant breathe and wear oxygen 24/7. Can Not go 5 minutes without it. My life is hell. I used this machine to save my life. It took it all away. I cant hold my Grand children or even play with them. I cant be a mother or a wife to my hudband. Im like a dependant baby.
AnnieSeptember 28, 2021 at 2:43 pm
Why did you wait this long to do a recall when you knew about it.
ConstanceSeptember 24, 2021 at 3:54 am
My dad used the c-pap machines. He died from lung cancer. I’m seriously seeking an attorney.
JjudieSeptember 19, 2021 at 5:23 pm
I have been using Resporantic c pap for ten years (10) years. On the recall list according to the serial number. My husband David Johnstone died from lung disease June 18, 2018. Need an excellent lawyer.
MistySeptember 7, 2021 at 1:47 am
My father had the cpap machine and had cancer he has passed know do to medical complications
PatAugust 19, 2021 at 4:17 pm
I have been using the Phillips machine for about one year and have been coughing a lot so I went to Dr they recommended some nasal washes etc. I stopped using machine and coughing is less but still there. I am seeing the pulmonologist August, 2021.
LonAugust 15, 2021 at 5:20 pm
have been using this product for 5 years just started having some lung issues what question do I need to ask doctor?
RobertAugust 11, 2021 at 1:54 am
My father just die from lung cancer been using that machine fatefully for years never smoke I need a good lawyer
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