Table Of Contents
- REMStar SE Auto CPAP Recall Lawsuit Overview
- Latest REMStar SE Auto CPAP Lawsuit Updates
- FDA Reports and Statistics
- REMStar SE Auto Injuries & Side Effects
- Do You Qualify for a REMStar SE Auto Recall Lawsuit?
- REMStar SE Auto Recall Information
- Statute of Limitations for REMStar SE Auto Lawsuits
- FAQs
- 1. What is the problem with Philips REMStar SE Auto CPAP machines?
- 2. How do I know if my CPAP machine is part of the recall?
- 3. Should I stop using my recalled REMStar SE Auto CPAP machine?
- 4. What health risks are associated with the recalled devices?
- 5. How can I prove my injury was caused by a recalled REMStar SE Auto device?
- 6. What compensation might I receive from a REMStar SE Auto lawsuit?
- 7. Has Philips offered replacement devices to affected users?
- 8. Will my insurance cover a replacement CPAP machine?
- 9. How long will the REMStar SE Auto lawsuit process take?
- 10. Can I join the existing class action lawsuit for the REMStar SE Auto recall?
- Get A Free REMStar SE Auto CPAP Recall Lawsuit Evaluation With Our Lawyers
If you or a loved one experienced cancer, respiratory issues, or other serious health complications following the use of a Philips REMStar SE Auto CPAP or BIPAP machine, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective sleep apnea devices. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark today for a free, no-obligation consultation.
REMStar SE Auto CPAP Recall Lawsuit Overview
Philips Respironics has recalled REMStar SE Auto CPAP and BIPAP machines due to sound abatement foam that may degrade over time.
The degradation can release harmful particles and chemicals that may be inhaled or ingested by users.
The FDA classified this as a Class I recall, indicating potential for “serious injury or death.” More than 1,200 complaints and over 100 injuries have been reported related to this issue.
Mechanical ventilation may be either invasive or non-invasive (e.g. using a tight-fitting external mask). Invasive modes require the insertion of internal tubes/devices through endotracheal intubation or tracheostomy.
Related Article: Philips CPAP Machine Recall Lawsuit Update
Latest REMStar SE Auto CPAP Lawsuit Updates
- November 20, 2024 – The FDA has issued a recall for certain Philips Respironics devices, including the REMStar SE Auto CPAP machine, due to potential health risks from degraded sound abatement foam.
- September 3, 2024 – Numerous lawsuits have been filed against Philips Respironics concerning the REMStar SE Auto CPAP and other devices, alleging health risks from degraded foam.
- As of August 6, 2024 – The latest information on the REMStar SE Auto recall indicates Philips’ foam replacement process for affected devices, initially targeted for completion by September 2022, continued into 2024, with 99% of sleep therapy devices remediated globally by December 31, 2024. Philips has not offered loaner devices, and Medicare and most insurers will not cover replacement costs (estimated at $500-$1,000) unless the prior unit was at least five years old.
- October 8, 2021 – A federal judicial panel consolidated 113 federal Philips CPAP lawsuits into MDL No. 3014 (In Re: Philips Recalled CPAP, Bi−Level PAP, and Mechanical Ventilator Products Liability Litigation). Senior U.S. District Judge Joy Flowers Conti in Pittsburgh was appointed to handle both consumer class-action and personal injury lawsuits.
- June 14, 2021 – Philips Respironics issued a nationwide recall for various CPAP, BiPAP, and mechanical ventilators, including the REMStar SE Auto CPAP machine, after discovering potentially dangerous foam degradation issues.
FDA Reports and Statistics
The FDA has designated this a Class I recall, their most serious classification, reserved for situations where there is a reasonable probability of serious adverse health consequences or death.
Key FDA statistics regarding this recall include:
- Over 100,000 complaints related to foam degradation in Philips devices reported to the FDA by April 2023, starting with over 1,200 by September 2021
- More than 100 injury reports filed with the FDA by September 2021, with thousands potentially reflected in over 100,000 reports by April 2023
- 3-4 million devices affected worldwide by the recall
- Approximately 80% of affected products are CPAP machines, particularly first-generation DreamStation devices
REMStar SE Auto Injuries & Side Effects
Users of recalled REMStar SE Auto and other affected devices may experience a range of serious health complications due to exposure to degraded foam particles and chemicals.
- Cancer risk: Exposure to carcinogenic chemicals released during foam degradation
- Respiratory damage: Irritation, inflammation, and potential lung injury from inhaled particles
- Toxic effects: Exposure to harmful chemicals including toluene diamine, toluene diisocyanate, and diethylene glycol
- Other complications: Headaches, chest pressure, and various organ damage from chemical exposure
Do You Qualify for a REMStar SE Auto Recall Lawsuit?
You may qualify for a REMStar SE Auto lawsuit if:
- You used a recalled Philips REMStar SE Auto CPAP or BIPAP machine
- You experienced serious side effects including cancer, respiratory issues, or other health complications
- Your injuries required medical treatment or hospitalization
- You can provide medical documentation linking your injuries to the recalled device
Evidence Required for a REMStar SE Auto Lawsuit
To successfully pursue a REMStar SE Auto recall lawsuit, you will need:
- Medical records documenting your diagnosis and treatment
- Proof of purchase or use of the affected device
- Documentation showing you used the device as directed
- Evidence linking your health issues to the recalled device
Damages You Can Recover
By filing a REMStar SE Auto recall lawsuit, you may be eligible to recover compensation for:
- Medical expenses related to your injuries
- Lost wages due to inability to work
- Pain and suffering caused by your injuries
- Punitive damages against the manufacturer
REMStar SE Auto Recall Information
On June 14, 2021, Philips Respironics issued a recall for multiple sleep apnea devices, including the REMStar SE Auto CPAP machine. The recall was initiated after discovering that the polyester-based polyurethane (PE-PUR) foam used for sound reduction could:
- Degrade and break down into black particles that could enter the device’s air path and be swallowed by users
- Release potentially carcinogenic chemicals that could be inhaled during use
Recalled devices include: - REMStar SE Auto CPAP
- DreamStation CPAP, Auto CPAP, and BiPAP machines
- AVAPS
- System One ASV4 and System One Q-Series
- OmniLab Advanced Plus
- DreamStation Go
- Dorma 400 and 500
- Trilogy 100 and 200
- Garbin Plus, Aeris LifeVent
- A-Series BiPAP Machine
Statute of Limitations for REMStar SE Auto Lawsuits
Time limits for filing a REMStar SE Auto recall lawsuit vary by state, typically ranging from 1-6 years from the date of injury or discovery of injury.
It’s crucial to consult with an attorney promptly to ensure your claim is filed within the applicable statute of limitations in your state.
FAQs
1. What is the problem with Philips REMStar SE Auto CPAP machines?
The sound-reducing polyester-based polyurethane (PE-PUR) foam in these devices can degrade over time, releasing potentially harmful particles and chemicals that users may inhale or ingest, leading to serious health complications.
2. How do I know if my CPAP machine is part of the recall?
The REMStar SE Auto CPAP is included in the recall, along with numerous other Philips Respironics devices. Check your device model against the recall list or contact Philips directly to confirm if your specific unit is affected.
3. Should I stop using my recalled REMStar SE Auto CPAP machine?
Consult with your healthcare provider immediately about alternatives. The FDA recommends not discontinuing use without medical consultation if you rely on the device for life-sustaining therapy.
4. What health risks are associated with the recalled devices?
Potential health risks include cancer, respiratory issues, toxic effects, headaches, irritation, inflammation, chest pressure, and other serious health complications.
5. How can I prove my injury was caused by a recalled REMStar SE Auto device?
Medical documentation showing a diagnosis after using the device, proof of device ownership, and expert testimony linking your condition to the foam degradation will help establish causation.
6. What compensation might I receive from a REMStar SE Auto lawsuit?
Potential compensation includes medical expenses, lost wages, pain and suffering, and possibly punitive damages. The exact amount depends on your specific injuries and circumstances.
7. Has Philips offered replacement devices to affected users?
Philips has initiated a repair and replacement program, but due to supply constraints, the process may take until September 2022 to complete. Loaner devices have generally not been provided.
8. Will my insurance cover a replacement CPAP machine?
Medicare and most insurers will not pay for a new unit unless the prior one was at least five years old, leaving many patients responsible for replacement costs ranging from $500 to $1,000.
9. How long will the REMStar SE Auto lawsuit process take?
Product liability lawsuits typically take 1-3 years to resolve, though some cases may settle earlier. The MDL consolidation may help streamline certain aspects of the litigation process.
10. Can I join the existing class action lawsuit for the REMStar SE Auto recall?
Yes, you may be eligible to join the consolidated litigation (MDL No. 3014) if you used a recalled device and experienced health complications. Contact a qualified attorney to discuss your options.
Related Articles:
See all related medical device lawsuits our attorneys covered so far.
Get A Free REMStar SE Auto CPAP Recall Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for injuries related to recalled REMStar SE Auto CPAP devices. Depending on your state, you may have as little as one year from the date of injury to file your claim.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case or secure a settlement
Don’t delay seeking the compensation you deserve for injuries caused by defective REMStar SE Auto CPAP devices.