CPAP RECALL LAWSUIT

Philips issued a voluntary recall on June 14, 2021, due to potential health risks associated with the polyester-based polyurethane (PE-PUR) sound abatement foam component in their devices.

Recalled Devices

The recall affects devices in the first-generation DreamStation product family. Users of these devices may be at risk of inhaling and/or ingesting toxic and possibly carcinogenic substances due to the disintegration or outgassing of the PE-PUR foam component.

Eligibility Criteria

To determine eligibility for a lawsuit related to the Philips Respironics CPAP recall, consider the following criteria:

• Nonsmoker Status: Individuals must have been nonsmokers during device use. No individuals with 20 or more pack years of smoking history will be considered eligible.
• First Use Date: The device’s first use must have occurred before April 25, 2021.
• Age Limit: Applicants must have been less than 76 years of age at the time of cancer diagnosis.
• Duration of Device Use:
• Must have used the device for 4 or more years before being diagnosed with one of the following cancers: Oral cavity, Oropharynx, Nasal cavity/sinus, Nasal Nasopharynx, Larynx, Hypopharynx, Salivary, or Lung Cancer.
• Must have used the device for 1 or more years before being diagnosed with Asthma.
• Must have used the device for 3 or more years before being diagnosed with COPD, Interstitial Lung Disease, Pneumonitis, Pulmonary Fibrosis, or Sarcoidosis.
• Worsening Cases: If diagnosed with COPD or Pulmonary Fibrosis before the first use of the device, medical records must demonstrate a significant decrease in lung function over multiple years following the device’s first use.

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