If you have obstructive sleep apnea, you may rely on a CPAP machine to help you breathe easier at night. If your airway collapses at night, you may have a difficult time falling asleep or staying asleep, meaning that you do not get the sleep you require. You probably depend on that CPAP machine, so it can be frustrating if it does not work as expected. You might even be interested in filing a CPAP machine lawsuit. What are a few of the criteria that you need to meet if you want your claim to be successful? You need to work with a lawyer who has experience in this area and can guide you in the right direction.
You Were Using a CPAP Machine That Had Problems
First, you need to prove that you were using a machine that had a history of problems. For example, just because you developed cancer doesn’t necessarily mean you are entitled to compensation. You need to have proof that you were using a CPAP machine at the time you got hurt. For example, you may have pictures of the CPAP machine you were using at home. Or, you may have medical records indicating that you were prescribed CPAP as a treatment for obstructive sleep apnea. If you can show you were using a CPAP machine, your case is off to a good start.
You Suffered Injuries While Using the CPAP Machine
Next, you need to show that you suffered injuries while using a CPAP machine. This is another area where your medical records can be helpful. For example, it is not unusual for people to develop pressure ulcers while using a CPAP machine. It is also not unusual for someone to develop nosebleeds while using a CPAP machine. There are even some cases where people have developed certain types of cancer while using a CPAP machine. You need to have medical records that show that you got hurt while using this type of machine.
You Can Prove the Company Should Be Liable for Those Injuries
Finally, you also need to work with a lawyer who can prove that the manufacturer of the CPAP machine should be held liable for those injuries. For example, nosebleeds are a known side effect of a CPAP machine. You are not necessarily entitled to compensation just because you developed a nosebleed. On the other hand, if you can show that you developed a complication that the company did not warn you about, and that the company knew or should have known that this complication was an issue, then you might be entitled to compensation. That is what is happening with the Philips CPAP lawsuit, as the company knew that the foam could cause cancer and decided not to do anything to address the issue. Then, you can hold the company liable for your complications.
Reach Out to a Professional Who Can Review Your Case If you meet these criteria, you may have grounds to file a lawsuit. Even though you may feel like this is something you can do on your own, you need to reach out to a lawyer who can help you. If you have been hurt by your CPAP machine, you need to focus on the recovery process. Allow a lawyer to handle the legal issues for you. That way, you can focus on your medical recovery while still making sure that your rights are vigorously defended. Do not hesitate to reach out to a lawyer who can review your case and see if you are entitled to financial compensation as a result of your injuries.