Polk County Man Files Philips CPAP Injury Lawsuit Case In Georgia Federal Court After Lung Cancer Diagnosis.
On July 2, 2021 a man residing in Winter Haven, Florida (who formerly resided in Muscogee County, Georgia) filed a Philips CPAP lawsuit case in the United States District Court for the Middle District of Georgia (Columbus Division), styled Frederick Heller 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-00111-CDL, 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, a REMstar Auto A-Flex device (System One) to treat his obstructive sleep apnea and that in or around June 2021 he was diagnosed with lung cancer.
The Philips CPAP lawsuit reportedly asserts that in its recall notification, Philips identified examples of potential risks which include exposure to degraded sound abatement foam particles and exposure to chemical emissions from the sound abatement foam material. According to the CPAP lawsuit complaint, Philips reported that it may be possible that these potential health risks could result in a wide range of potential patient impact, from transient potential injuries, symptoms and complications, as well as possibly serious injury which can be life-threatening or cause permanent impairment, or require medical intervention to preclude permanent impairment.
The Philips CPAP lung cancer lawsuit reportedly brings a 16 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 Georgia Fair Business Practices Act.
The Plaintiff in the Philips CPAP lung cancer lawsuit reportedly seeks, among other things, a judgment for Plaintiff and against Defendants; damages to compensate Plaintiff for his 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 BiPAP or CPAP machine and were diagnosed with cancer, including lung cancer, you may be able to recover compensation from a Philips BiPAP or CPAP cancer lawsuit.
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