Young veteran with sleep apnea waking up and taking off her CPAP mask

CPAP Toxic Foam Lawsuits | VetLaw

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  • Plaintiffs in the CPAP toxic foam lawsuits allege that Philips Respironics acted negligently by failing to reveal the risks associated with their devices.
  • CPAP breathing machines are used by many veterans, as sleep apnea is a prevalent condition among vets due to the hazards they encounter on the job.
  • When the foam on the flawed CPAP masks deteriorates, it can be inhaled and cause serious health problems like cancer.
  • Veterans can seek compensation for medical treatments, loss of quality of life, reduced earning capacity, pain and suffering, and other damages in a product liability lawsuit against CPAP manufacturers.

CPAP breathing machines are commonly used to address sleep apnea. Veterans are at a higher risk of respiratory issues like sleep apnea due to the conditions they encounter during their military service.

Veterans may qualify for compensation through CPAP toxic foam lawsuits. First, they must demonstrate that the device’s toxic foam led them to develop additional health problems.

Meanwhile, vets with sleep apnea can pursue VA disability benefits for their service-related condition with the assistance of a veterans disability claims lawyer. Specifically, you need one who has the administrative resources, negotiating experience, and strategic capability to handle your case.

Our team of VA-accredited disability benefits attorneys at VetLaw fit the bill perfectly. 

We’ve represented veterans in VA disability claims, helped them understand their rights to seek compensation, and advocated to get them the treatment they were owed. Schedule a free consultation with us by calling (855) 738-6732 or submitting an online contact form.  

Why Veterans Reliably Choose VetLaw

The VA disability benefits lawyer you hire to represent you can have a considerable influence on the outcome of your case. Our trustworthy, seasoned, and diligent team of mass tort product liability attorneys at VetLaw is ready to tackle your claim. At VetLaw, we have worked tirelessly to earn the respect of the veterans we serve.

We know fair compensation is not only a reimbursement for the harm the defective devices have caused. It’s also an acknowledgment that you deserved to be treated better by the negligent manufacturers.

With this in mind, we will utilize our knowledge of product liability law, VA evidentiary standards, and the appeals process to secure the best settlement possible for every client. Regardless of the size of their claim, you will receive our best.

Our Reviews and Case Results Demonstrate VetLaw’s Dedication to Client Satisfaction

At VetLaw, we don’t negotiate just to close a case, collect our fee, and move on to the next client. We actively invest ourselves in accurately assessing our client’s case and then laying a strong foundation for the appropriate compensation. Over the last decade, we have achieved great results for our clients. 

As our client reviews will tell you, VetLaw clients appreciate our straightforward communication style, attention to detail, and propensity for maximizing VA disability benefits. 

“They were in touch with me immediately and began assessing and working on my claim instantly.”

“Mr. Garcia does not quit working for you until he gets your appeal resolved in a manner that accurately reflects your entitlements. He is persistent and thorough and has the Veteran’s best interests at heart. Thank you again Mr. Garcia.”

Updates on the Status of the CPAP Toxic Foam Lawsuits

CPAP toxic foam plaintiffs’ claims are moving forward as a multidistrict litigation. VetLaw will keep you in the loop about key decisions and events. 

February 2024

It’s still uncertain whether plaintiffs will be granted the medical monitoring they requested, over the objections of the defendants who would be footing the bill.

Judge Conti is waiting for her Special Master to provide her with information on how state laws impact Philips Respironics’ responsibility to fund this service depending on whether a plaintiff has a physical injury or not. 

The plaintiffs and the defendants have also proposed guidelines for how the defective CPAP and BiPAP machines should be preserved so they can be used as legitimate sources of evidence in the CPAP toxic foam lawsuits.

Many Vets Rely on CPAP Machines for Service-Connected Sleep Apnea

There are a number of ways that veterans can experience damage to their respiratory systems while serving. This damage can manifest as a condition called sleep apnea.

Sleep apnea in veterans is often preceded by exposure to harmful substances that interfere with their ability to breathe normally. For example, contact with AFFF firefighting foam while serving as part of a fire crew is a common source of respiratory issues.

Sleep apnea is also a common Secondary Condition listed in veterans disability claims. For example, say that you had asthma before joining the military. During your service, you were exposed to toxic burn pits, which worsened your asthma considerably.

Eventually, your breathing troubles led you to develop sleep apnea that requires a CPAP breathing machine, or Continuous Positive Airway Pressure device.

Other habits that may be more common among military members and vets, such as smoking and heavy drinking, can also increase their risk of developing sleep apnea. Vets who deal with chronic pain from service-related disabilities may take opioids, which can also increase their likelihood of sleep apnea.

Age and weight also play a role, so veterans should continue to monitor themselves for signs of sleep apnea as they grow older.

What is Sleep Apnea?

There are two types. Obstructive sleep apnea is when your throat closes and becomes a physical barrier to your airway. With Central sleep apnea, your airway isn’t blocked, but your body isn’t automatically breathing for you.

The brain is alerted to temporary oxygen deprivation and sounds the alarm, kick-starting your breathing again. In effect, sleep apnea is a cycle where your breathing starts and stops throughout the night.

Sleep apnea entails a host of serious side effects, not the least of which is preventing you from getting a good night’s sleep. Sleep deprivation can make it difficult to focus and make you more irritable. Other major side effects of sleep apnea can include a greater risk of Type II diabetes, heart and liver problems, and complications being put under anesthesia.

How the Foam Seals on CPAP Breathing Machines Are Causing Cancer and Other Serious Health Issues

There’s no question that service-connected sleep apnea can negatively impact a veteran’s quality of life, and even create life-threatening health issues. While CPAP breathing machines disrupt the cycle of oxygen deprivation in individuals with sleep apnea by generating a constant stream of air, certain components of these devices have been malfunctioning and compromising users’ health.

The CPAP and BiPAP breathing machines are equipped with foam, usually located around the breathing mask and head straps. The foam serves multiple purposes.

It prevents air from leaking out around the mask and keeps the gear from digging into the user’s face. This foam includes polyurethane, the same material found in the defective Bard PowerPort tubing.

Over the years, CPAP users have reported that the foam tends to crumble and flake. Evidently, Polyester-based polyurethane (PE-PUR) foam can’t stand up to the warm and damp environment surrounding the mask. As tiny pieces break off, the CPAP user inhales them in their sleep.

This debris can be carcinogenic. Philips Respironics, the company that makes the CPAP machines, is pointing the finger at the manufacturer of the foam and the maker of the cleaning solution.

Regardless of who is ultimately held liable for how much, it appears that Philips used a material that was incompatible with the basic design of the device, injuring over 100,000 and killing at least 561.

Common Injuries Caused by Inhaling Toxic CPAP Foam Include Multiple Forms of Cancer and Respiratory Problems

Regulatory agencies like the FDA have warned against using recalled CPAPs. They cite concerns that inhaling the toxic CPAP foam particles can do extensive damage to the respiratory system. Veterans with CPAPs typically have repeated, ongoing exposure because the devices are designed to be used for hours at a time each night for years. 

As the toxic foam builds up in their systems, it can prompt abnormal cell growth and irritate the respiratory system. Veterans who use CPAP machines to manage their sleep apnea are at risk of developing respiratory problems including:

Additionally, CPAP users are more likely to develop other forms of cancer due to inhaling the toxic foam particles. 

Compensating Veterans in a CPAP Toxic Foam Lawsuit

As a veteran, you are likely more familiar with how to file a VA disability claim and the benefits they offer. In personal injury claims, a liable defendant is responsible for reimbursing the other party for the costs of their injuries.

For veterans with CPAP toxic foam lawsuits, this means financial costs like medical bills or lost wages are eligible for compensation. Further, veterans can recover compensation for the mental and emotional setbacks caused by their CPAP toxic foam injuries.

For example, lung cancer may put you out of breath just by taking a short flight of stairs, let alone running around with your kids, moving furniture, or walking around the grocery store. These are non-economic damages.

Proving the Value of Your CPAP Toxic Foam Lawsuit

The monetary value of your damages is combined to form the basis of a CPAP toxic foam settlement. If your cancer or respiratory issues have had a more significant impact on your life, you will likely receive greater compensation.

Think of it like getting a disability rating with the VA. The higher your percentage is, the higher the level of benefits you are potentially eligible for. If you were harmed by a defective CPAP machine, but it was not related to a service-connected injury, check out this page on CPAP breathing machines.

Instead of proving your cancer or respiratory issues are connected to your service, you’ll need to show that you became ill because CPAP companies manufactured devices with deteriorating carcinogenic foam and didn’t warn the public about it.

CPAP manufacturers have a lot on the line, so they won’t hesitate to throw everything they have at diminishing your claim. Additionally, there may be more than one party at fault, which can cause product liability claims to drag out. Veterans filing Suboxone tooth decay lawsuits are facing a similar struggle proving a negligent company used a dangerous ingredient in their product, inflicting significant damages.

Why Hire VetLaw to Demand Fair VA Disability Benefits  for Your CPAP Toxic Foam Claim

CPAP breathing machines were supposed to be a safe treatment option for veterans with sleep apnea. Instead, they have proven dangerous. When a service-connected condition, like sleep apnea, produces additional adverse health effects, vets may be able to secure compensation for these Secondary Conditions.

This isn’t something you should attempt alone, for many reasons. Firstly, the VA disability claims process is often convoluted. You may make a simple mistake that sets your claim back months. Additionally, many vets struggle to compile the evidence they need to obtain maximum disability benefits.

At VetLaw, we will work towards a fair, expedient resolution to your CPAP toxic foam lawsuit. Our team is aided by a thorough knowledge of legal procedure, carefully honed instincts, and an uncompromising commitment to our clients. At VetLaw, you can rest assured that our capable team of veterans disability claims attorneys will listen to and address your concerns.

Reach Out to the CPAP Toxic Foam Lawyers of VetLaw For Expert Legal Advice

You should be able to depend on the medical devices you use to manage your health issues, not create new ones. In the case of the CPAP toxic foam lawsuits, veterans with sleep apnea have been betrayed by manufacturers.

Defendants like Philips Respironics kept the dangers of their product to themselves, costing vets dearly. Our team of CPAP toxic foam attorneys at VetLaw won’t let that stand. We have been a trusted source of sound legal advice and support for veterans in crisis for almost a decade. 

With our help, you can secure the VA disability benefits you need to cover medical expenses, make up for time off work, and other costs. You can schedule a free consultation with us by calling (855) 738-6732 or completing an online contact form. We look forward to discussing your case with you when you reach out. 

Frequently Asked Questions

How common is sleep apnea among veterans?

Vets are at a higher risk for several sleep issues, including sleep apnea. Research indicates that sleep apnea may be considerably underdiagnosed among vets. A group of scientists from Duke University examined the data of 420 veterans with elevated risks of cardiovascular problems. They found that over half had sleep apnea. 

That excludes the number of vets who had already disclosed that they had sleep apnea. Consequently, we can conclude that sleep apnea is prevalent among veterans.

Who are the defendants in the CPAP toxic foam lawsuits?

Notable defendants in the CPAP toxic foam lawsuits include:

  • Philips Respironics, the manufacturer of the CPAP and BiPAP machines
  • So Clean, which makes the cleaning products for CPAP machines
  • Polymer Technologies and Polymer Molded Products, LLC, the manufacturer of the PE-PUR foam

What are the signs of sleep apnea?

Veterans who know that they have been exposed to toxins, especially known respiratory irritants, should be alert for common symptoms associated with sleep apnea. For example, signs of sleep apnea include:

  • Headaches
  • Dry mouth
  • Feeling fatigued during the day
  • Loud snoring
  • Feeling frustrated more easily
  • Memory difficulties