The husband of an Oregon woman who died from lung cancer in 2020 alleges in a new CPAP recall lawsuit that her death was caused by exposure to defective sound abatement foam in a recalled Philips CPAP device. According to the claim, filed last month by Doug Shiffler in the U.S. District Court for the District of Utah, two years of breathing in toxic foam particles from a Philips DreamStation CPAP machine ultimately led to his wife’s lung cancer death. If you or a loved one was diagnosed with cancer or another serious medical condition after using a CPAP, BiPAP, or ventilator machine affected by the massive Philips recall, do not hesitate to contact us to learn about your options. You may have grounds to file a CPAP cancer claim against Philips or other allegedly negligent parties in order to pursue compensation for your injuries and losses.
Millions of Americans were affected by the urgent medical device recall announced last year by Philips Respironics, the maker of ventilators, bilevel positive airway pressure (BiPAP) machines, and continuous positive airway pressure (CPAP) machines used to provide breathing assistance to patients in the hospital or at home. According to a safety communication issued by the FDA, the polyester-based polyurethane (PE-PUR) foam used to reduce sound and vibration in certain devices manufactured between 2009 and April 26, 2021 can break down over time and allow foam particles or chemicals to enter the device’s air pathway. If these chemicals or foam particles are breathed in or swallowed by the person using the device, the person could suffer serious injury and may require medical intervention to prevent permanent injury. Among the potential side effects associated with exposure to foam particles or chemicals released into the device’s air pathway from the PE-PUR foam are:
The Philips recall included millions of CPAP, BiPAP and ventilator devices that many patients had been using for years to help with sleep apnea and other medical conditions. These machines are all designed to provide some form of breathing assistance. However, patients who relied on these machines for lifesaving breathing assistance may now be at risk for cancer, lung damage, and other serious or potentially life-threatening respiratory problems, and hundreds of former users have already come forward to pursue a CPAP recall lawsuit. As Doug Shiffler states in his lawsuit, his wife was prescribed and purchased a Philips Noncontinuous CPAP Auto DreamStation device in January 2018 and used it daily to treat sleep apnea, a potentially serious sleep disorder in which a person’s breathing repeatedly stops and starts during sleep. According to the wrongful death lawsuit, Joleen Shiffler was diagnosed with stage 4 lung cancer in April 2020, just over two years after she began using the CPAP device, and she died on November 22, 2020. Doug Shiffler is seeking compensation on behalf of himself and his deceased wife, from Koninklijke Philips N.V. and its U.S. subsidiaries, as well as Wm. T. Burnett Foam, LLC, the company that manufactured the sound abatement foam used inside the CPAP device.
A growing number of CPAP recall lawsuits claim that Philips could have taken steps to protect users from harm caused by the defective PE-PUR foam used in its CPAP, BiPAP and ventilator machines. In fact, weeks after the CPAP recall was announced, an inspection by the FDA uncovered evidence suggesting that Philips knew about the problem with its sound abatement foam deteriorating as early as 2015, yet continued manufacturing and selling the devices without addressing the issue. If you or someone you know has been adversely affected by side effects of a Philips CPAP, BiPAP or ventilator device included in the recent recall, contact Consumer Safety Watch today to find out how we can help. You may be entitled to compensation for your medical bills and any other damages related to your injuries, and an experienced CPAP recall attorney can help.
