K&F’s first post-pandemic jury trial resulted in a $10.6 million verdict for the widow of a mesothelioma victim.

Suit against sleep apnea device manufacturer moving forward

On Behalf of | Oct 22, 2021 | Products Liability

Sleep apnea is a very serious medical condition that affects many Ohio residents. The breathing difficulty while sleeping effectively results in a lack of oxygen being infused into the blood stream while resting. The primary symptoms of apnea are constant snoring and inability to sleep continuously. The condition is typically treated by use of a CPAP ventilator that provides ample oxygen during bed rest and eliminates the snoring response as well as allowing for a full sleep cycle. The most popular of these devices are manufactured by Royal Philips NV of the Netherlands, and now they are coming under serious scrutiny from the FDA as the target of a Class 1 recall. Class I is the most serious level issued by the agency.

The CPAP defect

The devices are constructed with a foam lining that provides insulation to reduce the noise being emitted by the oxygen circulation machine, and the foam deteriorates over time. The recall began earlier this year, as many individuals were filing claims of injury due to the insulation breaking free and becoming airborne within the tubed oxygen delivery system. There have been no reported deaths as yet, but the medical evidence provided in the court filings indicate they are very serious personal injury claims.

Many potential future claims coming

These devices have been issued to countless Ohio residents due to sleep apnea being so common among certain segments of the population. The foam insulation material is an identified carcinogen that can do damage to the entire breathing system of affected patients, resulting in the numerous prior serious personal injury claims. There have been over 100 lawsuits filed in Pennsylvania alone, which is also where the Dreamstation machines are manufactured in Murrysville.

These are very common devices that many Ohio residents use for better rest cycling. Now that they have been identified as seriously defective products by the FDA, liability claims will assuredly increase as patients become aware of the dangers associated with their usage.

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