The FDA announced that there are now a total of 561 deaths that are tied to breathing devices by Philips, which are meant to treat breathing disorders, like sleep apnea. Millions of these products have been recalled by the manufacturer due to a defect that is causing foam to break down while the device is in use, meaning that gas and bits of foam can cause headaches, inflammation of the airways, and other health complications. Furthermore, the toxic reaction from these contaminants may increase your risk for certain cancers.
Philips has agreed to stop selling these machines in the U.S., but there are still countless injury victims out there, along with those who are grieving the death of a loved one. The company continues to insist that there is no conclusive data linking their breathing machines to injuries or deaths. However, it’s no accident that the Food & Drug Administration has publicly announced the grim tally of deaths that are believed to be linked to a recalled Philips CPAP or ventilator device.
If you or someone you know sustained injuries from a defective Philips sleep machine, please take a moment to contact our office. A product accident injury lawyer can advise you of your rights and the available legal options. Alternatively, we can help you file a claim for wrongful death if your spouse of relative passed away due to foam deteriorating in a Philips sleep therapy device.
A History of Recalls for Philips Sleep Apnea Machines
Philips initially recalled 20 different ventilators and breathing machines in 2021 after receiving complaints of leaking foam, which can enter the user’s airways. Since then, the Food and Drug Administration (FDA) has received over 110,000 complaints, including 561 incidents of death.
The company recalled approximately 5 million machines and attempted to fix them, but the repaired units had to be recalled as well. Due to dozens of lawsuits that were consolidated into a class action claim, the manufacturer agreed to a proposed settlement, which you can read about here.
But the money that’s been set aside for consumers is for nominal payments that cover the cost of returning or paying for the device out of pocket. Clearly, this is not good enough when it comes to the losses associated with serious injuries or the death of a spouse or family member. In the next section, we will talk about your right to file a personal injury or wrongful death lawsuit for a recalled Philips CPAP machine.
Can I Sue Philips for Wrongful Death Compensation?
Yes, you can sue Philips for the untimely death of your loved one due to a defective sleep apnea machine. It’s tragic to know that over 550 deaths could have been prevented were it not for mechanical / design flaws that caused particles of foam and gas to enter the user’s airways.
Currently, there is a tentative $479 million settlement agreement between Philips and the US regulatory agencies to compensate victims who were injured by or lost a loved one of their sleep machines. However, the proposed settlement is a device replacement or return payment award of $100 and any costs incurred by the consumer if they spent their own money to replace the device.
This is not the same as covering the costs of medical expenses, funeral payments, and other expenses you would receive from a personal injury lawsuit. In fact, accepting the settlement does not impact your right to sue the company for personal injuries or negligent death, according to the U.S. District Court for the Western District of Pennsylvania.
If you are interested in joining a class action lawsuit against Philips or filing a personal injury claim on your own, contact our law firm immediately. We will provide you with a detailed explanation of your rights and fight to bring you maximum payment for the harm you suffered.
Philips Recalled CPAP Machines Wrongful Death Lawsuit Values
The average settlement value of a wrongful death case ranges from $500,000 to $5,000,000, though some cases may be settled for as much as $10,000,000. However, we would say the majority of settlements are between $1,000,000 and $5,000,000. To determine how much you can receive from a wrongful death lawsuit against Philips, there are many issues that must be examined. These include the monetary damages you are entitled to, such as:
- Funeral expenses
- Medical expenses
- Loss of expected income and benefits
- Pain and suffering
- Loss of consortium
- Cost of legal representation
We must also think about your loved one’s age at the time of death, their role in your life, and many other issues that are specific to your case. With that in mind, please take some time to speak to a wrongful death lawsuit attorney at our office.
How Long Does a Manufacturer Negligence Lawsuit Take to Settle?
These cases take 1 to 2 years to settle on average, though the actual timeline can range from a few months to 3 or more years. Even though this is a clear case of manufacturer negligence, it takes considerable time and effort to gather evidence, build a solid case, and negotiate a favorable settlement. That’s why it often takes 12 or more months to recover payment from one of these lawsuits.
We are frequently asked about the likelihood of a lawsuit going to trial, but we want to stress that less than 5% of all product liability lawsuits are tried in court. Thus, we expect that a settlement will be reached through private negotiations, but how long the settlement process takes will vary from case to case.
How Much Time Do I have to File a Wrongful Death Lawsuit?
In California, a compensation claim for wrongful death must be filed within 2 years from the date of death. If you do not initiate a lawsuit within this time, you will permanently lose the opportunity to sue Philips for causing your loved one’s death. We are ready to take immediate action on your case here at DTLA Law Group. From filing the necessary paperwork to recovering the highest possible settlement, our legal team will be with you every step of the way. Call us today and speak to a lawyer who can sue Philips if your family member died from a recalled CPAP or BiPAP sleep therapy device.
Contact DTLA Law Group
There’s no way to truly compensate someone for the loss of an individual they love and care about. However, monetary funds are necessary to help with the expenses that come with an unexpected death. Those who lost someone due to negligence by a product maker deserve justice for the harm they suffered. That’s the main motivation behind everything we do here at DTLA Law Group.
We are ready to fight for you and the compensation you are entitled to by law, so contact us right away for a free case evaluation. If suing Philips is the right course of action, you can hire us for free with the Zero Fee Guarantee. Under this policy, we ask that the manufacturer cover all legal fees as a condition of winning your case. We don’t get paid any other way, so if you don’t receive payment from a product liability lawsuit, neither do we.
Our law firm is available to take your call 24 hours a day, 7 days a week, so contact us anytime if you would like to learn more about your rights and legal options.