Texas Product Liability Lawyers Help Users of CPAPs Recalled by Philips

Warning Failure: Lack of transparency regarding side effects that the manufacture was or should have been aware of.

It has been nearly a year since Philips Respironics ventilators, BiPAP or CPAP machines were recalled and a warning issued by the United States Food and Drug Administration (FDA), alerting people who use the machines and their providers of healthcare that Philips Respironics has recalled certain devices due to potential health risks associated with:

  • inhale or swallow the polyester-based polyurethane (PE-PUR) substance used to reduce sound in some device models.
  • toxic exposures caused by foam which has the potential to “outgas” toxic chemicals. “Exhaust gas” refers to a gas that is produced as a by-product of an industrial process or emitted from certain manufactured materials.
  • foam degradation due to high heat and high humidity environments.

The device night

Medical device injuries often cause manufacturers to vigorously defend against negative litigation in order to maintain business value. Part of this effort is to recall defective devices and repair or replace the harmful component or device. Damage to products may be caused by defects in design, manufacture or marketing.

  • Design. A device may malfunction because it was designed incorrectly or because there were problems during the design stage that were not resolved before the product was manufactured and made available to consumers.
  • Manufacturing. A device may have been designed without defects, but during the process of manufacturing or assembling a device, an error that causes it to malfunction during proper use can be identified, but not corrected.
  • Marketing. Marketing failures usually involve a lack of hazard awareness, misrepresentation related to a certain device, or inaccurate warning labels.

A product is considered defective if it presents unreasonable dangers to persons who purchase it and use it in accordance with the instructions and warnings provided. Lawsuits for defects in medical devices can be brought individually or as part of a class action, where many people have suffered similar harms or injuries as a result of the use of a device. It may be prudent to consult an attorney at the Blizzard Law Group who can explain when legal action is warranted for CPAP damages to people who used the recalled devices.

Texas Tort Litigation

Legal claims for defective medical devices may be brought under Texas tort laws alleging product liability, breach of warranty, or strict negligence. Manufacturers of medical devices can be sued for:

  • Failure to warn. Lack of transparency regarding what side effects the manufacture was or should have been aware of.
  • Strict negligence. Reasonable design and manufacture of a product that meets the duty of care to the consumer has not taken place.
  • Breach of Warranty. The product does not meet the manufacturer’s or seller’s claims regarding the value of a medical device.

Hire a lawyer

Lawyer working in the office; image by Sora Shimazaki, via Unsplash.com.

It is important to have the advice of experienced legal counsel, as defective medical device lawsuits often require a plethora of witnesses and expert scientific evidence to build a case that proves that defects in a device have caused harm. injury or damage. Houston-area attorneys who have a successful case at Blizzard Law Firm can assist injured parties with a possible faulty device claim and full compensation/damage settlement.