On June 14, 2021, Philips announced a nationwide recall of almost all of its Continuous Positive Airway Pressure (CPAP) devices made before 2021, which use the polyester-based polyurethane (PE-PUR) sound abatement foam. This was prompted upon discovering that the PE-PUR sound abatement foam may release debris and chemicals that may cause serious adverse events. Soon after, a class-action lawsuit commenced. Continue reading to learn more about the Philips CPAP recall and how an experienced New York City wrongful death attorney at Mark Bodner, P.C., can determine your eligibility for the lawsuit.
What is there to know about the Philips CPAP recall?
To reiterate, the release of debris and chemicals from the Philips CPAP’s PE-PUR sound abatement foam was causing patients to experience serious if not fatal injuries and diseases. More specifically, as of February 12, 2023, the FDA has reported that 98,000 health events and 350 deaths have occurred as a result. Such injuries and diseases include, but are not limited to, the following:
- Irritations to the skin, eyes, and respiratory tract.
- Chronic inflammation.
- Chronic headaches.
- Chronic asthma.
- Chronic hypersensitivity.
- Chronic nausea and vomiting.
- Certain types of kidney and liver damage.
- Certain types of lung damage.
- Certain types of respiratory conditions.
- Certain types of cancer.
Notably, as the case develops, lawyers and scientists are more than likely to unearth additional injuries and diseases that are associated with this device.
And so, if you have been diagnosed with any of the above injuries or diseases and you believe that it is connected to your use of the Philips CPAP device, then you may be eligible to enter into the class-action lawsuit. With this, you must confirm that you have used this machine for at least six months and that the model of this device was manufactured before 2021. This may just be the only way that you can recover the financial compensation that you require to heal.
What is the statute of limitations for entering this class-action lawsuit?
Importantly, if you wish to enter into a Philips CPAP recall lawsuit, you must do so before the statute of limitations for this claim expires. Well, this statute of limitations may start on June 14, 2021, when Philips announced the nationwide recall, instead of the date when you purchased your individual Philips CPAP device. And in New York State, this timeline for personal injury claims is generally three years from the date of the incident. So, in this case, you will likely have until June 14, 2024, to bring your claim forward.
Though, there may be some exceptions that shorten or extend this deadline. So it is best to kickstart your case sooner rather than later. We recommend that you do not hesitate in reaching out to a skilled New York City personal injury attorney. We look forward to collaborating with you.