Maryland Product Liability Claims Following the Philips CPAP Machine Recall

Medical devices often play a crucial role in diagnosing and treating serious medical conditions. However, patients who use defective or dangerous medical devices may end up in a less desirable position than they started. Companies whose products cause harm to patients may be liable under Maryland’s product liability laws. While a defective product lawsuit may not make a person whole again or undo the harm they experienced, it can relieve some financial burdens.

The Food and Drug Administration (FDA) recently issued a recall statement alerting those who use specific Philips ventilators, CPAP, and BiPAP machines. The recall follows a June 2021 safety report that advised healthcare providers and consumers that these devices may pose potential health risks. The FDA’s investigation in conjunction with the company’s testing revealed that foam degradation in the product is toxic and might emit carcinogens. Philips explained that the foam might release toxic fumes and particles that users may swallow or inhale. While the company stated that they were replacing and repairing the machines, the process may take upwards of a year. Further testing also showed that the replacement foam poses many of the same risks as the original product.

Many users have reported injuries related to defective machines, such as:

  • Bladder Cancer
  • Brain Cancer
  • Breast Cancer
  • Kidney Cancer
  • Respiratory Distress System
  • Heart Failure and Attack
  • Liver Cancer, Damage, and DIsease
  • Lung Cancer, Damage, and Disease

These injuries can have lifelong consequences on the user and their loved ones. In addition to these conditions come users reported side effects such as:

  • Asthma
  • Chest pressure
  • Headache
  • Sinus infection
  • Organ Damage

Despite the known dangers and subsequent recall, these cases require the experience of a thorough and skilled Maryland product liability attorney. Those who believe they have a claim should contact a lawyer to discuss their rights and remedies. However, generally, these claims require the victim to present specific evidence. Some relevant factors in these cases are:

  • The type of machines the consumer used.
  • Whether the consumer still has the machine.
  • Evidence of the consumer’s injuries.
  • Evidence of the consumer’s symptoms.
  • Evidence of the consumer’s damages.

Do I need a lawyer to sue the manufacturer of a dangerous product?

While product liability cases may seem straightforward, obtaining the necessary evidence and presenting it in a compelling manner can be challenging. A personal injury attorney is a critical resource during this process and can assist injury victims in recovering for the full extent of their losses.

Have You Suffered Injuries Because of a Defective or Dangerous Product

If you or someone you know has suffered injuries or died as a result of a dangerous or defective product, contact the Maryland product liability lawyers at Lebowitz & Mzhen. The accident attorneys on our team have extensive experience successfully resolving complex cases on behalf of our clients. We handle Maryland cases stemming from auto accidents, premises liability, medical malpractice, dangerous medical devices, defective products, nursing home abuse and negligence, and more. We prioritize our clients’ needs and desired outcomes while representing them with respect, integrity and compassion. Contact our office at 800-654-1949 to schedule a free initial consultation with a Maryland, personal injury lawyer on our team.


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