Jackson County Woman Files Philips DreamStation CPAP Injury Lawsuit Case In Kansas City, Missouri Federal Court After Allegedly Suffering From Kidney Cancer and Esophageal-related Injuries and Inflammation.
On September 22, 2021 a woman residing in Raytown, Missouri, in Jackson County, filed a lawsuit in the United States District Court for the Western District of Missouri (Kansas City Division), styled Angela Holmes v. Koninklijke Philips N.V. (“Royal Philips”), Philips North America LLC (“Philips NA”), Philips Holding USA, Inc. (“PHUSA”), and Philips RS North America LLC (“Philips RS”) (collectively “Philips” or “Defendants”), Personal Injury Case No. 4:21-cv-684, alleging, among other things, that on June 14, 2021, Philips issued a recall notification for many of its CPAP and BiLevel PAP devices as well as a number of its ventilator devices, that Plaintiff was prescribed the use of and purchased one of Philips’ recalled devices (the Philips DreamStation device) to treat her obstructive sleep apnea and narcolepsy, used the DreamStation CPAP device on a daily basis for a number of years, and then in or around January 2021 was diagnosed with kidney cancer and in or around April 2021, underwent surgical removal of her kidney and also suffers from esophageal-related injuries and inflammation.
The Philips DreamStation CPAP kidney cancer lawsuit reportedly brings a sixteen count complaint including claims for: “Strict Products Liability – Design Defect; “Strict Products Liability – Failure to Warn”; Strict Liability – Manufacturing Defect; Negligent Design; Negligent Failure to Warn, Negligent Manufacturing, Negligence/Gross Negligence; Negligent Misrepresentation, Fraud, Fraudulent Concealment, Civil Conspiracy, Unjust Enrichment, Breach of Express Warranties, Breach of Implied Warranty of Fitness for a Particular Purpose, Breach of Implied Warranty of Merchantability, and Violation of the Missouri Merchandising Practices Act, R.S.Mo. §407.020.
The Plaintiff in the Philips DreamStation CPAP kidney cancer lawsuit reportedly seeks, among other things, a judgment for Plaintiff and against Defendants; damages to compensate her for her injuries, economic losses and pain and suffering sustained as a result of the use of Defendants’ subject device; pre and post judgment interest, punitive damages, a trial by jury and an award of attorneys’ fees.
If you used a Philips DreamStation CPAP machine and were diagnosed with cancer, including kidney cancer, or other injuries, you may be able to recover compensation from a Philips CPAP recall lawsuit.
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