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Philips CPAP Machine Recall Lawsuit: Hire a Lawyer

CPAP ventilator machines that you use every day for many hours at a time should be safe and free of defects. If you or a loved one were injured by one of these machines, you may need legal action to help you recover for the losses incurred.

The Philips Respironics company has recalled a number of Continuous Positive Airway Pressure (CPAP), Bi-Level Positive Airway Pressure (Bi-Level PAP), and mechanical ventilator machines due to serious potential health risks. The polyester-based polyurethane foam used in these devices could break down, causing choking and breathing hazards.

Such hazards could result in serious and potentially life-threatening injuries requiring medical intervention. There were also dangers associated with inhaling chemical off-gassing emitted by certain products.

Any type of breathing or respiratory injury can place a person in great danger and risk of long-term damage. If you use or have used a Philips CPAP, Bi-PAP, or mechanical ventilator device and are experiencing symptoms, you may need to file a lawsuit for damages.

At the Smith Law Center, we have extensive experience holding large manufacturers like Philips Resironics accountable for placing consumers at risk of injury. Schedule a free consultation with us by contacting us online or calling us at (757) 244-7000. We work hard to ensure each of our clients is justly compensated for their losses.

Which Philips CPAP Machines Have Been Recalled?

Philips Respironics first began recalling CPAP and other devices in June 2021. In January 2022, the FDA produced an updated list of the affected devices.

Philips Respironics is recalling the following devices made between 2009 and April 26, 2021.
  • A-Series BiPAP A30
  • A-Series BiPAP A40 (ventilator)
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto (ventilator)
  • C-Series ASV (ventilator)
  • C-Series S/T and AVAPS
  • DreamStation
  • DreamStation ASV
  • DreamStation Go
  • DreamStation ST, AVAPS
  • Dorma 400
  • Dorma 500
  • E30
  • Garbin Plus, Aeris, LifeVent (ventilator)
  • OmniLab Advanced+
  • REMstar SE Auto
  • SystemOne ASV4
  • SystemOne (Q-Series)
  • Trilogy 100 (ventilator)
  • Trilogy 200 (ventilator)

If you have used any of these products and are experiencing difficulty breathing, lung pain, or other respiratory symptoms, seek medical attention immediately. Contact a lawyer at (757) 244-7000 for a free, no-obligation consultation to discuss your legal rights regarding a Philips CPAP lawsuit.


The foam issue may get worse in hot and humid environments. If you used one of these products where such a climate is common, you may be more at risk of injury.

What Do Damages From a Philips CPAP Lawsuit Cover?

People who have suffered lung injuries, breathing impediments, or other conditions after using a CPAP device may be eligible for financial compensation for their losses.

Damages from a CPAP lawsuit can cover:

  • Costs of medical treatments and medications
  • Lost wages from missing work while recovering
  • Loss of the ability to generate future income
  • Additional medical services not covered by insurance
  • Pain and suffering damages

Additional damages may be available depending on the circumstances of each individual case. For instance, loss of consortium or companionship can be issued in certain situations. Wrongful death damages may be available in cases where the defective product caused a loss of life.

The amount of damages issued will depend on several factors, including the severity of the injuries involved, as well as the skill and experience of the attorney handling the case.

At the Smith Law Center, our team has a proven track record of multimillion-dollar case results in complex personal injury lawsuits.

What Symptoms Are Associated With the Philips Respironics Recall?

Potential symptoms and conditions associated with inhaling or swallowing pieces of foam used to reduce sound and vibrations in the machines include:

  • Skin, eye, nose, and respiratory tract (airway) irritation
  • Asthma and other breathing problems
  • Headache and nausea
  • Toxic or cancer-causing effects to organs like the kidneys or liver

Symptoms linked with inhaling off-gassed chemicals from CPAP air tubes include:

  • Allergic reactions
  • Immune system reactions
  • Nausea and vomiting
  • Headache/dizziness
  • Various forms of cancer

Many of these symptoms can be highly serious and life-threatening. You should discontinue use of the Philips product immediately and seek medical and legal assistance if you experience any of these symptoms.

Philips CPAP machine resting on a nightstand

How Can I Prepare for a Philips CPAP Machine Recall Lawsuit?

If you’ve been injured by any type of Philips CPAP machine or other breathing device, you should take the following steps, which will help you prepare for legal action:

  • Stop using the device as soon as possible
  • Take note of the product model and serial number (if possible)
  • Gather as many relevant medical records and documents as you can
  • Write what symptoms you feel, when you started feeling them, and how it impacts you
  • Get in touch with a lawyer for advice on your legal rights and options

We understand that you might not be able to perform all of these tasks, especially if you are still recovering and physically unable to do so. It is our job as attorneys to gather information and records for trial, so don’t hesitate to reach out if you need our help.

Philips has begun the process of issuing repair kits and product replacements. However, these measures still may not undo any damage previously caused by defective machines. You should contact a lawyer if you suspect you were affected by a recalled device.

Contact a Defective Medical Devices Attorney

Injuries caused by a Philips sleep apnea machine and other similar devices can disrupt a person’s entire life and that of their loved ones as well. If you or a loved one have been injured due to recalled Philips CPAP machines, you may need the services of an experienced injury attorney.

At the Smith Law Center, our aim is to provide quality legal representation to victims of negligence in a way that is supportive and caring throughout the process. We give each of our clients the personal attention they need during such difficult times.

Our case record speaks for itself, and our firm has the resources needed to go up against large corporations. Get in touch with us at (757) 244-7000 to start the process of restoration and recovery for you and your family.

Philips CPAP Machine Recall FAQs

How long will the CPAP lawsuit take?

There is no set time period for how long a lawsuit will take. Depending on the facts and circumstances surrounding the CPAP injuries, the legal process can take anywhere from several months to a year or longer.

The sooner you contact a lawyer, the sooner your case can be processed. Also, filing deadlines may apply, so be sure to take action promptly.

How much is the CPAP lawsuit worth?

Philips CPAP claims are relatively new and still in progress, so it is not possible to provide data on settlement results. Each case will vary depending on the severity of the injuries and other factors. An experienced lawyer will be able to help you recover damages for hospital bills, pain and suffering, lost wages, and other costs.

How do I know if my CPAP has been recalled?

The FDA and the Philips Respironics company websites have steps to follow for locating and tracking down which items have been affected. However, many patients may find it difficult to get a hold of a representative or to follow the steps provided. Contact an attorney who can help you determine whether your specific machine was affected.

How can a lawyer help me with a Philips CPAP lawsuit?

Lawyers are trained to provide services and perform tasks that ordinary citizens may be unable to. A lawyer can help you by:

  • Gathering documents and evidence for trial
  • Obtaining records and information not readily available to the public
  • Research the laws that apply to your CPAP case
  • Formulate a strong legal strategy for litigation

If you have been injured by a Philips CPAP machine or other recalled device, contact the Smith Law Center (757) 244-7000. Our attorneys can advise you of your next steps and guide you through the legal process from start to finish.


Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded: $4,750,000.00

Summary: HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.


Award to School Librarian for Mild Traumatic Brain Injury in Auto Wreck

Awarded: $4,750,000.00

Summary: HAMPTON, Virginia – Company pays $4,750,000.00 to school librarian for mild traumatic brain injury in auto wreck.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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