CPAP Lawsuits Settlement and Verdicts

The recent Philips CPAP recall lawsuit has gotten lawyers focused on CPAP machines, how they work, and the risks associated with them.

Below are settlement compensation amounts and verdict payouts in CPAP-related lawsuits.

CPAP Settlements and Verdicts

  • 2020, South Carolina: $485,000 Settlement. An 80-year-old man was hospitalized for a foot infection. He was outfitted with a CPAP machine and a pulse oximeter. Three weeks later, the man was found unresponsive. He suffered cardiac arrest for ten minutes, an anoxic brain injury, and oxygen deprivation. The man never regained consciousness. His family hired a lawyer and alleged that the hospital staff’s negligence caused his death. They claimed they failed to timely monitor and respond to the CPAP and pulse oximeter alarms. This case settled for $485,000.
  • cpap settlement compensation payout2018, Louisiana: $300,000 Verdict. A 58-year-old obese man suffered lumbar pain. He presented to the hospital. The hospital staff suspected a spinal abscess. The man underwent an MRI. During the procedure, he stopped breathing. A pulmonologist and ER physician attempted to resuscitate him. They were unsuccessful. The man died as a result. His family alleged negligence against the hospital. They claimed its staff failed to appreciate the fact that the man was CPAP dependent before positioning him for the MRI. The family argued that they should have intubated him. A jury found the hospital negligent but not the pulmonologist. They awarded $300,000.
  • 2016, Ohio: $1,200,000 Settlement. A 76-year-old woman felt ill while undergoing an MRI. The MRI facility staff called 911. The woman went into cardiopulmonary arrest in the ambulance. She became unresponsive. The EMTs performed CPR. The woman was at the hospital two days later. Her cause of death was an anoxic brain injury. The woman’s family alleged negligence against the City of Columbus. They claimed the EMTs failed to properly address her respiratory distress. The family argued that they should have used a CPAP machine and administered furosemide and albuterol. This case settled for $1,200,000.
  • 2012, Alabama: $15,000,000 Verdict. A 45-year-old woman underwent a cardiac bypass. Following the procedure, the woman underwent CPAP ventilation. An arterial blood gas revealed mild acidosis and slightly elevated carbon dioxide levels. The woman then underwent ventilation. The anesthesiologist ordered the administration of Propofol. The woman eventually went into cardiac arrest. An ER physician attempted to resuscitate her with high adrenaline doses and closed-chest massages. The woman died several minutes later. Her family alleged negligence against the hospital. They claimed its staff administered a high Propofol dose, failed to mechanically ventilate her, improperly monitored her, and failed to call for additional help. The jury awarded $15,000,000.
  • 2011, Massachusetts: $1,200,000 Settlement. A 60-year-old man with sleep apnea underwent a knee replacement. He suffered no complications. Following the procedure, the man treated his pain with epidural analgesia, Dilaudid, and Nubain. He eventually underwent doses of Oxycontin, Bupivacaine, Neurontin, and Dilaudid. The following day, the man could not move. He received a continuous positive motion device applied to at least one of his legs. The CPAP machine was not turned on while the man slept. He was not breathing thirty minutes after falling asleep. The hospital staff attempted to resuscitate him. They were unsuccessful. The man failed to regain consciousness. His family alleged that the hospital staff’s negligence caused his death. They claimed they failed to turn on the man’s CPAP machine and appreciate his sleep apnea risk. The defense disputed whether failing to turn on the device violated the standard of care. This case settled for $1,200,000.

Can I Use These Settlements to Determine the Payout in My CPAP Lawsuit?

You really cannot use these CPAP settlements to estimate the settlement compensation payout in your Philips CPAP recall lawsuit because it is comparing apples to oranges. Our lawyers do speculate as to the CPAP settlement payout amounts elsewhere.

How Does a CPAP Machine Work?

CPAP machines work by delivering air froma hose into the patient’s mask while sleeping. The idea, and it is a good one, is that consistent airflow will help keep the airway open to fight sleep apnea for most people. 

What Is the Single Biggest Challenge Victim Face in Their CPAP Lawsuits?

It is early in the CPAP sleep apnea litigation. Our lawyers expect there will be good evidence victims suffered respiratory injuries and cancer as the result of Philips’ negligence. The bigger challenge will be linking up the negligence with the specific injuries and cancers. CPAP victims need to show not only that Philips was negligent but that its negligence was a substantial contributing cause to harm that was caused.

This is required before the judge lets the case go to the jury. Our lawyers’ guess is that science will be able to link up some of the cancers but not all of them. But it remains to be seen as the CPAP class action MDL proceeds through the discovery process.

CPAP Lawsuit –  Latest News

December 2021 CPAP Class Action Update#1

On December 20, 2021, the judge assigned to the CPAP Recall MDL issued an order establishing the timeline and procedures by which she will screen candidates and make selections for appointment to the Plaintiffs’ Steering Committee for the MDL.

In an MDL class action like the CPAP lawsuits, the leadership appointment order is similar to a constitution that provides checks and balances between the MDL steering committee lawyers and other lawyers in the litigation.  Because there are some powers that the CPAP victims’ attorney will have versus the court-appointed committee (although committee members also have clients as well in most cases). This is important because the MDL steering committee might have interests that are diverse from individual plaintiffs in some cases.

Applications for appointments are due by January 4, 2022.  Judge Joy Flowers Conti will interview select candidates on January 27, 2022. The Plaintiffs’ Steering Committee is a panel of product liability attorneys from the plaintiffs’ side who make collective decisions on behalf of plaintiffs in the MDL.

December 2021 CPAP Class Action Update#2

The FDA recently announced the results of their investigation into Philips and the recall of millions of CPAP devices earlier this year. FDA inspectors reviewed internal documents, emails, and product testing reports to uncover what led to the CPAP recall and assess whether Philips complied with federal regulations.

According to the FDA’s investigation, there is solid evidence that Philips knew about the problems with the sound abatement foam for at least 6 years but deliberately decided not to take any action.

The FDA inspection cited numerous product tests and assessment reports dating back to 2016 which indicate that Philips employees knew about “issues and concerns related to potential foam degradation.” The FDA inspectors also cited numerous internal emails, some dating back to 2015, clearly showing that Philips staff were aware of the problem with the sound abatement foam.

November 2021 CPAP Class Action Update

The number of CPAP recall lawsuits being filed across the country has continued to steadily rise.

In response to this trend, the JPML last week ordered the creation of a new “class-action” CPAP Recall MDL. The new CPAP MDL has been assigned to Judge Joy Flowers Conti in the Western District of Pennsylvania.

All current and future CPAP lawsuits in the federal courts will now be transferred into the MDL for consolidated pre-trial proceedings under Judge Conti. Over the next 18-24 months the CPAP MDL will move through a consolidated discovery process followed by the selection of bellwether test trials.

Having a certified class action increases the likelihood of settlement in the CPAP lawsuits.

Example CPAP Lawsuit

Last month, New York resident Mark Edwards became a plaintiff in the rapidly growing CPAP recall litigation against Philips. Edwards filed a product liability lawsuit against Philips on November 4, 2021.

The case was originally filed in New York and subsequently transferred into the CPAP Recall MDL in the Western District of Pennsylvania. This will be the path for any federal case filed anywhere in the U.S. So if you are in California or Florida, for example, and you file a CPAP lawsuit in the MDL, it will get transferred to Pennsylvania.

Edwards is one of the first handful of CPAP recall plaintiffs to allege actual physical injuries connected to his recalled CPAP device. Edwards purchased a Philips DreamStation machine for his sleep apnea in 2014 and used it every night until the device was recalled in June 2021.

In his Philips CPAP lawsuit, Edwards asserts that his asthma, Chronic Obstructive Pulmonary Disease, and a tumor in his throat were caused by the inhalation of foam particles from the DreamStation machine.

Call a CPAP Lawyer Today

There are deadlines to bring a CPAP lawsuit. If you miss the statute of limitations, your chances at a CPAP settlement will approach zero  Don’t let that happen to you.   Call CPAP lawyer today.  If you want to call us, our law firm is taking these calls 24/7 at 800-553-8082.

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