Articles Posted in Recalls

Those who suffer from sleep apnea may be prescribed to used mechanical ventilator devices so that they continue to breathe while sleeping and avoid being woken up multiple times throughout the night.

Sadly, in June of 2021, the main manufacturer of CPAP and BiPAP machines, Philips Respironics, recalled 4 million of its devices because they have been found to cause cancer, pulmonary fibrosis, and lung injury.

These affected devices use sound abatement foam liners that are made from polyester-based polyurethane, which can break down into smaller particles that can be inhaled or ingested quite easily. The foam has been found off-gas toxic chemicals that can cause nausea, vomiting, stroke, liver and kidney disease, cancer, serious respiratory issues, as well as myocardial infarction.

The VA has distributed around 600,000 of these recalled CPAP/BiPAP machines to veterans across the country. If you have used one of these mechanical ventilator devices and have suffered from any of the above-mentioned injuries/illness, then you may be eligible to recover financial compensation. We strongly urge you to call our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton today at 866-608-5529 or contact us online for a free consultation so that you can find out more about whether or not you have a claim for compensation.

What Machines Have Been Recalled?

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C Series ASV, S/T, AVAPS
  • OmniLab Advanced Plus In-Lab Titration Device
  • SystemOne Q series
  • DreamStation CPAP, Auto CPAP, BiPAP
  • DreamStation Go CPAP, APAP
  • Dorma 400, 500 CPAP
  • REMStar SE AutoCPAP

What Should I Do If I Have Used/Using One of These Devices?

Many military veterans suffer from Post-Traumatic Stress Disorder and obesity, which are two leading causes for sleep apnea. For years, many vets have used CPAP or BiPAP machines to help them breathe while sleeping, and now the recall has made these products defective. If you have used a sleep apnea machine, then you may be wondering what to do next. There are several things you can do right now, the first being to sign an online petition for the VA to improve their quality control measures. Second, register with Philips Respironics so that you can be eligible for a replacement device when they are available (this could take up to a year). And perhaps the most important step to take is to contact our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton today at 866-608-5529 or contact us online so that we can begin helping you formulate a strategy for building a claim for damages.

While most recalls advise patients to stop using the defective product or drug, this recall is different. If you are currently using one of the machines listed above, then you should contact your doctor about whether or not it is in your best interest to stop using the machine.

What About My Disability Benefits?

We understand that as a veteran you have fought long and hard for your benefits. You may be concerned that you will lose these benefits if you stop using the device prescribed. However, this recall is unique and your benefits will not be affected if you stop using your CPAP or BiPAP machine. The same is true if you have applied for benefits and have a pending application. Continue reading

Johnson & Johnson confirmed yesterday that they are recalling five sunscreen products after samples of these products were found to contain small amounts of benzene, which is a chemical that has been linked to cancer with repeated use. 

What Do You Need To Know?

sunscreen-1461332_1920-300x198The products in question are packaged in aerosol cans: 

  • Aveeno Protect + Refresh aerosol sunscreen 
  • Neutrogena Beach Defense aerosol sunscreen
  • Neutrogena CoolDry Sport aerosol sunscreen
  • Neutrogena Invisible Daily Defense aerosol sunscreen 
  • Neutrogena UltraSheer aerosol sunscreen

Any consumers with these products are encouraged to stop using them and to call J&J’s Consumer Care Center for a refund at 1-800-458-1673. There is also further information available on the websites for Neutrogena and Aveeno. 

The recall includes all can sizes of these products and all levels of SPF. These products have been distributed nationwide through various retailers. 

J&J released a statement that the benzene was found by the company doing testing in an independent laboratory. They are looking into how and why the chemical was in these five products. 

J&J is also actively working on getting the five products removed from any retail shelves. 

Benzene is a chemical that is found in the environment and is highly flammable. With repeated exposure at high enough levels, benzene can cause cancer. It is also known to cause damage to the immune system by preventing cells from functioning normally. 

The chemical’s effects can vary from person to person, but symptoms can range from irregular heartbeat, dizziness, convulsions, and death when exposed to very high levels. 

J&J has notified the Food and Drug Administration (FDA) of the recall. The FDA is in charge of regulating pharmaceuticals like over-the-counter drugs and prescription medications as well as food, cosmetics, vaccines, veterinary products, plasma and blood products. 

When dangerous products are taken off of the market for consumers to purchase, then this means the product has been marked as unsafe for use. Just because a product made available for purchase does not mean it is safe, which is something most consumers are unaware of. This is where our Florida Class Action Injury Lawyers at Whittel & Melton can step in and help if you have been harmed by defective drugs and/or devices. We specialize in recalled product liability claims. We also offer free consultations and case reviews so that we can evaluate your potential claim and help you move forward with your legal options. We have the knowledge and resources to represent our clients efficiently and aggressively and are not afraid to stand up to  manufacturers and distributors of defective products or devices.  Continue reading

The Dutch company Philips, one of the largest medical equipment companies who makes sleep apnea machines and ventilators, has recalled certain breathing devices due to a foam part that can become toxic and potentially lead to cancer. 

The announcement of the recall was issued Monday and targets between 3 and 4 million users. 

What is the problem? Foam has been used to mute the sound in certain machines, but this foam can degrade and release small particles that could irritate airways and the gases released from the foam may also be toxic and carries the risk for developing cancer. 

In April, the group announced a $303 million charge for the issue in its first quarter-earnings report. The total cost of the problem to date is 500 million euros.

As of early Monday, shares in the group were down 4.2 percent. 

The recall is expected to take a year to remedy. 

A company spokesman said about 80 percent of the defective devices were machines used for sleep apnea, also known as Continuous Positive Airway Pressure (CPAP) machines. Users of these devices were told to stop using them. The other 20 percent of defective devices were ventilators. 

Philips is working with health authorities to find a safer alternative to the foam, but first they must pass testing and regulatory tests/standards. 

What products are affected in the recall? Bi-Level Positive Airway Pressure and Continuous Positive Airway Pressure devices and mechanical ventilators. The foam risk in these devices, if inhaled, can cause headache, irritation, inflammation, and even cancer. 

Philips also alerted users of these devices to speak with their physician regarding alternatives. Anyone who used a Philips Bi-Level PAP or CPAP machine could potentially be able to file a claim for financial compensation. Our Phillips CPAP/BiPAP/ASV Device Recall Lawyers at Whittel & Melton are here to help consumers understand their rights and what they may be entitled to under the law. 

alarm-clock-1193291_1920-300x199What is Sleep Apnea? 

Sleep apnea is a relatively common condition that happens when the upper airway becomes obstructed during sleep. The Centers for  Disease Control and Prevention (CDC) have stated that 38 to 68 percent of adults over the age of 60 suffer from sleep apnea. 

What Breathing Devices Are Affected in the Recall?

The Bi-Level PAP, CPAP and mechanical ventilators are affected in this particular recall. These machines were designed to give users a constant stream of airway pressure to the throat during sleep. Users that may have paused in breathing during sleep can use the device to help ease their difficulty of breathing due to sleep apnea. Philips designed various sleep therapy machines with different levels of air pressure for users. 

As previously mentioned, dangerous or defective medical devices, like ventilators and sleep apnea machines, can mean that consumers have the right to file a product liability claim. While medical devices are meant to improve the lives of users, sometimes these devices can do more harm than good. When that is the case, then users may be entitled to financial compensation for all of the harm that these devices caused, such as medical bills and lost wages. We can help you understand your rights and whether or not you have a valid claim for damages.  Continue reading

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