CPAP – Frequently Asked Questions

On July 20, 2021, Milberg Coleman Bryson Phillips Grossman announced its filed class action lawsuit against Philips North America following the Cambridge-based health tech conglomerate’s recent recall of multiple CPAP, BiPAP, and APAP machines.

This ventilation technology is most noted for providing more at-ease sleep for those who suffer with sleep apnea. However, the potential health risks—including not only headache and nausea, but cancer—demand that these machines be put on hold until a safer science is provided.

Check out our CPAP FAQ to better understand sleep apnea and Philips’ ventilation technology:

What is sleep apnea?

Sleep apnea is a disorder defined by an abrupt stop/restart of breathing. This unnatural lack of rhythmic inhale/exhale poses serious health risks if untreated, such as: heart problems, liver complications, type-2 diabetes, etc.

How many people in the United States suffer with sleep apnea?

As of a 2016 report from the American Academy of Sleep Medicine’s Frost and Sullivan findings, roughly 12% of the U.S. population (nearly 29.4-million adults) was diagnosed with obstructive sleep apnea. However, studies still believe that about 80% of sleep apnea sufferers remain undiagnosed.

What does CPAP stand for?

Continuous Positive Airway Pressure. Continuous positive airway pressure is a beneficial ventilation technology that pushes air into the upper respiratory tract, so a person’s internal respiratory pressure is higher than the outside, atmospheric pressure, which produces a steady, rhythmic breathing pattern.

How does CPAP’s therapy work?

CPAP therapy requires three essential tools: the oxygen device, tubing, and a facemask. The oxygen device creates the regulated airway pressure that is filtered through the tubing. The tubing is connected to the facemask, which allows balanced airflow through the nosepiece and into a person’s airway.

Which CPAP technology and equipment called for Philips’ 2021 recall?

Philips has recalled multiple CPAC oxygen devices, with different features, series, and therapies. The extensive list includes: E30, DreamStation (ASV), DreamStation (ST, AVAPS), SystemOne (ASV4), C Series, OmniLab Advanced Plus, SystemOne (Q series), Dream Station (CPAP, Auto CPAP, BiPAP), DreamStation GO (CPAP, APAP), Dorma 400, 500 (CPAP), REMStar SE Auto (CPAP), Trilogy 100, Trilogy 200, Garbin Plus, Aeris, Lifevent, and A-Series BiPAP V30 Auto.

Which health concerns are now a result of this?

The polyester-based polyurethane sound abatement foam used in these CPAP and BiPAP devices is alleged to deteriorate over time, not only minimizing the benefits of CPAP treatment, but also releasing toxins that are believed to carry cancer.

How is this recall being handled in the legal sphere?

With consistent complaints on these technologies since 2018, Milberg has filed a class action lawsuit against Philips North America following the Cambridge-based health tech conglomerate’s recent recall of multiple CPAP, BiPAP, and APAP machines, including ventilators.

In addition to faulty equipment and medical expenses post-CPAC use, Covid-19 raised demand for these products. The complaint alleges that Philips knew about and hid the equipment’s defects, and Milberg is pursuing compensatory, exemplary, and statutory damage claims for its consumers.

With over 50 years of experience, Milberg and affiliates continue to protect victims’ rights, pioneering in federal class action litigation and leading in defense of victims against corporate wrongdoing. Click here to discover more about our practice areas.