Defective medical equipment claims now include the faulty Philips CPAP machines found to cause cancer by the FDA.
Now that Philips have admitted the foam used in the construction of their ventilators break down over time, we expect an influx of CPAP lawsuits to follow. The FDA reviewed the products in June 2021, finding them faulty and ordering a voluntary recall. They have cited a risk of carcinogens and chemical inhalations which could be life threatening.
Nobody wants to hear that the CPAP machine they have been using for nearly two years now might have caused the detriment of their respiratory illness, but it’s true. Since the recall, we have had countless former customers of Philips Royal asking what they should do next.
Here are some of the do’s and don’ts of filing a CPAP lawsuit to get compensation.
The Do’s and Don’ts of CPAP Lawsuits
If you have been affected by the faulty CPAP machines from Philips, here are our top tips on what you should and shouldn’t do.
1 – Do Hire a Lawyer
You need a specialist in defective medical equipment, personal injury law, or medical negligence law. An attorney with a background in these areas will be able to guide you swiftly and safely through the hazards of your CPAP lawsuit. They will help you file, be your voice when you cannot represent yourself, and get you the best compensation for your ordeal.
2 – Do Keep your Receipts
Whether it be a receipt or an invoice from when you bought the CPAP machine, or from when it was assigned to you by your private healthcare provider, you should keep it. Even bank records that state when you bought it will be helpful. Otherwise, keep every piece of paperwork you have racked up as a result of your worsening illness, potentially caused by the CPAP machine.
3 – Don’t throw it away
Although the product is in recall, you may wish to hold onto it – without using it anymore, of course. If you can prove that the machine is faulty, that the foam is deteriorating and that it has hurt you as a result, you could claim back thousands. Perhaps enough to put a dent in some of your existing medical bills. Don’t throw it away, don’t send it back, but definitely don’t use it anymore. See your doctor about a replacement.
4 – Don’t Wait
There is a statute of limitations which will stop you from claiming more than four years after the initial problem was spotted. This would mean about four years from June 2021, you will not be able to file a lawsuit. Lawsuits already in motion at that time are exempt.
5 – Do file a lawsuit
It is absolutely worth filing a lawsuit and getting compensation for your injuries. This has nothing to do with greed and everything to do with holding the companies that care for us when we are at our most vulnerable, accountable. With Covid-19 in our past, we would have expected ventilators to be extra secure. This isn’t the case. So, we need to hold firms that create them accountable.