![]() Among its damning findings are the following: On November 9, 2021, the FDA issued a report listing observations made by agency representatives during their inspection of the Philips Respironics facility in Murrysville, Pennsylvania. In retaliation, SoClean is suing Philips for $200 million dollars for blaming the recalled devices’ defects on SoClean’s cleaning products. Philips claims unapproved cleaning processes – such as ozone or ultraviolet light – can worsen foam degradation. ![]() Some victims reported black debris in their breathing tubes and airpath circuits, which likely represents foam degradation. Any body heat or moistness that you generate should not negatively affect the foam. Climate and environmental conditions such as high heat and humidity in the locations where the devices are stored can also exacerbate foam degradation. PE-PUR foam is more likely to degrade the older the device is and the more you use it. Some of these dangerous volatile organic compounds (VOCs) include: PE-PUR foam can also emit (off-gas) vapors of toxic chemicals beyond the safe exposure threshold. These particles can be small, even less than 5 microns, which can permeate through your lungs’ alveoli and enter your bloodstream. PE-PUR can disintegrate into particles that you then inhale or ingest, and there is no filter to prevent this. The recalled Philips Bi-PAP machines, CPAP machines, and mechanical ventilator devices have sound abatement foam liners made from PE-PUR (polyester-based polyurethane). Devices meant to improve your breathing are instead contaminating your airways. Food and Drug Administration (FDA) classified the Philips CPAP recall as Class 1 – the most serious – because using the affected devices may cause serious injuries or death. On June 14, 2021, Philips voluntarily recalled the following sleep apnea devices that were manufactured between 2009 and April 26, 2021: Recalled CPAPs and BiLevel PAPs:ĬPAP devices represent about 80% of the recalled Philips sleep apnea machines. The case name is In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation ( MDL # 3014). ![]() Judge Joy Flowers Conti – who had two decades of experience – is presiding. District Court, Western District of Pennsylvania. The bigger the jury verdict, the bigger the settlement amounts. How these bellwether trials turn out will set the stage for settlement talks with the remaining tens of thousands of plaintiffs expected to join the MDL. But eventually, several of the cases will go to a jury trial. The Philips CPAP MDL was just formed in October of 2021 and is still in the pretrial discovery process.
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