CPAP, BiPAP & Ventilators

There is growing concern in Canada over serious health conditions potentially linked to the use of certain CPAP, BiPAP, and mechanical ventilators; devices that are considered essential medical equipment and are often used continuously over long periods.

In 2021, medical device manufacturer Philips Respironics announced a recall of millions of breathing devices after it was discovered that a key internal component may degrade and expose users to toxic particles and gases. North American litigation is being advanced against Philips Respironics related to alleged links between serious side effects and the use of the recalled devices.

Siskinds is assisting Canadians who used recalled CPAP, BiPAP, or ventilator devices and later developed respiratory illnesses, cancer, and other significant injuries.

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What are CPAP, BiPAP & Ventilator Devices?

Continuous Positive Airway Pressure (CPAP) machines, BiLevel Positive Airway Pressure (BiPAP) machines, and mechanical ventilators are medical devices which assist patients with breathing.

CPAP and BiPAP machines deliver pressurized air through a mask to help keep airways open during sleep, while mechanical ventilators assist patients who cannot breathe adequately on their own. CPAP and BiPAP devices are widely prescribed to treat sleep apnea, meaning many users rely on them nightly for years.

Millions of Canadians rely on CPAP, BiPAP, and mechanical ventilator devices to manage breathing conditions.

Why were CPAP, BiPAP & Ventilator Devices Recalled?

In June 2021, Philips Respironics, a subsidiary of health technology company Philips, announced a large-scale recall of CPAP, BiPAP, and mechanical ventilator devices, manufactured before April 26, 2021, after it was discovered that a critical internal component may pose serious health risks.

Many recalled Philips devices contained a polyester-based polyurethane (PE-PUR) sound abatement foam designed to reduce noise and vibration during operation. Over time, this foam can degrade and release toxic particles and chemical gases that may be inhaled or ingested by users. Testing and user reports revealed two primary risks:

• Foam particles that may be inhaled or swallowed; and
• Chemical emissions (VOCs) that may be inhaled during use.

Health Canada classified the recall as a Type I medical device recall, its most serious category. Exposure to degraded foam and chemicals is alleged to be associated with several potentially serious health effects, including:

• Chronic respiratory conditions (such as asthma, COPD, and bronchitis);
• Toxicity and organ effects; and
• Various cancers, including lung and airway cancers.

Legal and Regulatory Developments

The Philips Respironics recall has affected millions of devices worldwide, including a significant number in Canada. Health Canada has issued multiple advisories since 2021 and continues to monitor Philips’ recall efforts.

In the United States, litigation arising from the defective foam has resulted in a $1.1 billion settlement, including compensation for personal injury claims and medical monitoring.

Qualifying injuries reported in litigation include new or worsening asthma, COPD, chronic bronchitis, interstitial lung disease, pulmonary fibrosis, lung cancer, leukemia, and various cancers of the airway, throat, thyroid, and esophagus.

How Siskinds Can Help

If you or a loved one used a recalled CPAP, BiPAP, or ventilator device and developed respiratory illness, cancer, or other health complications, Siskinds may be able to help. Our team can:

• Review whether your device was subject to the Health Canada recall;
• Assess your medical history and potential exposure; and
• Determine whether you may be eligible to bring a claim for compensation.

Contact us by email: [email protected], or call us toll-free at 1.866.428.0094 to discuss your situation and learn whether legal action may be available.

_{By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.}