Arkansas Philips CPAP, BiPAP, and AVS Sleep Apnea Device Lawyers
A good way to understand the big picture for any mass tort case is to see what criteria are settled upon by the steering committee, appointed by the Court handling the multi-court litigation.
The criteria for the CPAP, BiPAP and ASV (adaptive-servo ventilation) machines are as follows:
• Must have used a Philips Respironics CPAP, APAP, BiPAP device, or a mechanical ventilator;
• Must have used the device for a minimum 12 months before the diagnosis of the following injuries:
• Acute Myeloid Leukemia, Blood Cancer, Bone Marrow Cancer, Chronic obstructive pulmonary disease (COPD);
• Esophageal Cancer, Hematopoietic Cancer, Laryngeal Cancer, Leukemia, Lymphatic Cancer, Multiple Myeloma, Non-Hodgkin’s Lymphoma, Nasal Cancer, Nasopharynx cancer, Sinus Cancer, Soft Palate Cancer, Throat Cancer, Tonsil Cancer, Recurrent Pneumonia, Kidney damage(Acute or sudden), Kidney failure(Acute or sudden), Liver damage, Liver disease, Lung damage, Lung disease, Interstitial lung disease, Acute Respiratory Distress Syndrome (ARDS), Pleural Effusion, Reactive Airway Disease (RAD), Respiratory failure, Sarcoidosis;
• Must have used the device for a minimum of 24 months before the diagnosis of the following injuries:
• Thyroid Cancer, Papillary Carcinoma;
• Must have used the device for a minimum of 36 months before the diagnosis of the following injuries:
• Bladder Cancer, Brain Cancer, Colon Cancer, Kidney Cancer, Liver Cancer, Lung Cancer, Rectal Cancer, Stomach Cancer, Testicular Cancer;
• Must not have been a smoker in the past 10 years if diagnosed with Lung Cancer
• Must currently be younger than 81 years of age.
I admit that when this particular mass tort case emerged I was not that impressed. But when you consider the number of people who have developed cancer, from using these machines, a warning to friends and family is warranted.
If you’ve gotten a recall notice, heed it. If yours is one of the recalled models, stop using it.
If you are unsure about the recalls, go to https://www.fda.gov/medical-devices/safety-communications/faqs-philips-respironics-ventilator-bipap-machine-and-cpap-machine-recalls for further information.
If you have questions, call us. Lisa Batson is the point of contact within our office for all CPAP/BiPAP cases. We can help with anything from determining whether your machine has been recalled to filing a claim for compensation if you suffer any of the listed maladies.
Beware that once a mass tort claim resolves, it is difficult to prosecute an individual case. As with most things dealing with the law, time is of the essence.
If you or someone you know has been diagnosed with cancer after using a Philips CPAP or BiPAP sleep apnea device, contact Law Offices of Gary Green toll free at 1-888-4GARYGREEN or send us an e-mail at ggreen@gGreen.com for a free consultation.