Before you can determine what damages you can recover from using a Philips CPAP machine, you need to determine whether you or your loved one’s injuries are the result of using the machine.
Some examples of injuries from a Philips CPAP machine include:
- Significant pulmonary respiratory issues
- Breathing problems
Let’s say in conjunction with your medical professionals, you’ve now determined that the cause of those injuries is likely the Philips CPAP machine. Now you need to determine what you should do next and what damages you can recover due to your injuries from using the medical device.
Steps to Recovering Damages for Injuries from a Philips CPAP Machine
Your first step is to talk to an attorney who can help you evaluate and prove the causal link between your injuries and your use of the Philips CPAP machine. Once you’ve established the causal relationship, you’re able to evaluate your damages as a result of using the machine.
Damages can be significant based on the injuries or conditions that the machine caused. Here’s a look at possible damages you can recover.
- Medical treatment related to the illnesses and problems you’re dealing with after using the CPAP machine
- Lost wages or changes to employment as a result of your injuries or conditions
- Married individuals might see changes to their love and affection with their spouse due to their injuries and can seek compensation for that
- Future medical treatments are often one of the largest areas of required compensation to help you care for the conditions you now must live with
- Pain and suffering
Evidence in Your Defective Medical Device Case
Proving you suffered injuries due to using a Philips CPAP machine requires an expert opinion from a medical professional. Your medical records and the expert witness testimony from your doctor will be the most important evidence in your case.
Not only will your doctor’s medical diagnosis and opinion be important in proving your case, but it will also be important in calculating damages.
Your doctor can outline the care required to help you treat and recover from your ailments long-term. Injuries of the respiratory system often take a great deal of time to care for, which is why ongoing and future medical care is often the most important damage you can and should evaluate when working toward a settlement with Philips.
Should I Join a Class Action Lawsuit?
The FDA found that Philips knew the foam it was using in its CPAP machines posed a risk to users based on internal testing and trials. But Philips still chose to put the product on the market, posing dangers to many people.
Initial lawsuits sought to make Philips pay for new machines or fixed machines for everyone who purchased the device. In September 2021, Philips agreed to fix or replace all recalled devices using a new foam. But just months later, the FDA found that the new foam also presented risks to users.
The class-action lawsuits could take years to resolve, which means victims must continue to find ways to pay for ongoing medical treatments due to injuries from the machine.
Filing an independent lawsuit could help you recover damages and can better serve your specific needs instead of paying out a portion of the final class action settlement.
Claim What You Deserve for Your Injury Losses – Get Stewart & Stewart
If you or a loved one has been injured due to using a Philips CPAP machine, you should talk to a defective product attorney as soon as possible. Don’t wait until you’re suffering financial difficulties and drowning in medical debt to seek legal help. Schedule a free consultation with Stewart & Stewart today.