What Kind of Compensation Can You Get From a CPAP Recall Lawsuit
As we’ve discussed before, Philips Respironics has been selling dangerously defective continuous positive airway pressure (CPAP) machines, ventilators, and bilevel positive airway pressure (BiPAP) machines. These machines are designed and built in such a way as to cause patients to inhale or otherwise ingest harmful, toxic chemicals while using the devices. Patients who use the defective machines are at a much higher risk of contracting respiratory diseases and cancer, as well as suffering internal organ damage. If you or a loved one has been harmed by a defective CPAP machine, read on for a discussion of the compensation that an experienced defective medical device lawyer can help recover for you.
Damages Available in a CPAP Lawsuit
Philips’ CPAP machines are dangerous and harmful to patients. Because of their design and build, they fail to work as designed, and they pose significant dangers to the patients who use them. If you purchased or otherwise utilize a defective CPAP machine and you’ve been harmed by inhaling or swallowing the composite chemicals, you have grounds to bring a personal injury lawsuit.
In a personal injury lawsuit based on a defective CPAP machine, you can claim compensation for several categories of damages. You can seek compensation for direct “economic” harms you have suffered as a result of the defective machine.
Economic harm includes:
- Costs for the defective machine and any replacement devices
- Medical costs incurred as a result of injuries caused by the machine
- Future anticipated medical costs for injuries caused by the machine
- Lost income for any time spent in recovery and away from work
- Loss of future earning capacity for any permanent injury caused by the CPAP machine
You can also file for “noneconomic” damages, which are psychological harms caused by injuries relating to the defective medical device.
Noneconomic damages include:
- Pain and suffering
- Emotional distress
- Psychological harm caused by any permanent injury or disability, such as lung damage, caused by a defective CPAP
- Loss of life enjoyment caused by the defective machine and associated injuries
If your loved one suffered a fatal injury as a result of a defective CPAP or ventilator, you and your family may file a claim for wrongful death.
Depending on the facts of your case and the information unearthed about Philips, you may be eligible for additional damages. When a defendant’s acts were knowing, malicious, or otherwise egregiously wrong, they may be subject to punitive damages, which are damages meant to punish wrongdoers more than to compensate injured plaintiffs. In this case, if Philips was aware of the substantial risk of harm carried by their CPAP machines and continued to market and sell the devices regardless, they may be open to punitive damages. Punitive damages can be awarded on top of and in addition to compensatory economic and noneconomic damages. A seasoned medical device defect lawyer can help you maximize your damages.
Call Morris Law Firm for Help With a Defective Products Claim in California or Nationwide
If you have been injured in Southern California or beyond by a defective CPAP, ventilator, BiPAP, or another consumer product, reach out to a zealous product defect attorney today at the Morris Law Firm. We can help you gain the compensation you deserve if you have been seriously injured by a recalled medical device or other defective product.