If you or a loved one needed and/or had a lung transplant after using or being treated with a recalled Philips CPAP, BiPAP or ventilator machine, you may be entitled to compensation from a CPAP lung transplant lawsuit case or settlement claim.
A team of medical device injury lawyers and class action attorneys is investigating potential lawsuit cases and settlement claims of individuals who needed and/or had a lung transplant after using or being treated with a recalled Philips CPAP, BiPap or ventilator machine.
A lung transplant (a/k/a a lung transplantation or pulmonary transplantation) is a surgical procedure or operation to remove and replace a diseased or failing lung with a healthy lung from a donor. Although most lungs that are transplanted come from deceased organ donors (a cadaveric transplant), small parts of the lung called lobes can also be transplanted from healthy living donors (a living transplant).
According to United Network for Organ Sharing (UNOS), about 2,500 lung transplants are performed each year in the U.S.
CPAP Lung Transplant Lawsuit Cases
CPAP lung transplant lawsuit cases and settlement claims potentially being investigated include claims of patients who, after using a recalled Philips CPAP, BiPAP or ventilator (including certain DreamStation, C-Series, Dorma, OmniLab AdvancedPlus, REMstar, System One, A-Series, Garbin Plus, Aeris, LifeVent or Trilogy devices), suffered from severe lung disease for which they required and/or had a lung transplant.
Philips Respironics issued a recall notice on June 14, 2021 warning that certain Philips CPAP, BiPAP, and ventilators may have contained polyester-based polyurethane sound abatement foam that could degrade, potentially leading to respiratory issues, among others.
When Lung Transplants May Be Required or Needed
A lung transplant may be required or needed for a patient with severe and advanced lung disease whose clinical status has progressively declined despite maximal medical or surgical therapy or treatment. Lung transplant candidates usually are symptomatic or suffer limitation during daily activities (and are unable to enjoy life) and have a limited life expectancy of 12-24 months, in the absence of lung transplant surgery. A lung transplant can extend life expectancy and enhance the quality of life for a person suffering from severe lung disease.
Lung transplants can be used to treat people who suffer from:
- Respiratory failure
- Restrictive lung disease
- Severe interstitial lung disease (ILD)
- Emphysema
- Cystic fibrosis
- Pulmonary fibrosis
- Acute respiratory distress syndrome
- ARDS
- Chronic obstructive asthma
- Chronic obstructive bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Pulmonary hypertension
- Sarcoidosis of the lungs
- Bronchiectasis
- Inhalation burns or trauma, and/or
- Other advanced lung diseases
Lung transplant procedures can include a:
- Single lung transplant (transplantation of one lung)
- Double lung transplant (transplantation of both lungs)
- Lobar transplant (transplantation of a lobe of a lung)
- Heart-lung transplant
A double lung transplant (or bilateral transplant) can be performed either sequentially, en bloc, or simultaneously.
The process of getting a lung from an organ donor typically begins at a transplant center with an evaluation by a lung transplant team (i.e., a transplant surgeon, transplant pulmonologist, transplant nurse, etc.) to determine whether the patient is eligible for a lung transplant. The evaluation can include blood tests, diagnostic tests (X-rays, ultrasound, CT scans, pulmonary function tests, lung biopsy, tissue typing, etc.), and a psychological and social evaluation, among other things.
Lung Transplant Waiting List
If a transplant team determines that a patient is a good candidate for a lung transplant, the candidate can be listed on regional and national organ recipient lists or lung transplant waiting lists. Unfortunately, the number of people requiring lung transplants exceeds the number of available donated lungs. For example, in 2020 there were 3,521 patients on the waiting list who needed a lung transplant, but only 2,539 patients received a lung transplant. In addition, the average wait time for a lung transplant was about 186 days. As a result, some people may die or become too ill to undergo a transplant while waiting for a lung transplant.
Prospective lung transplant recipients are assigned a lung allocation score (LAS) that essentially tries to predict how long a patient is likely to live without a lung transplant and how long a patient would be expected to live after receiving a lung transplant. Those with higher lung allocation scores are considered first when donor lungs become available.
When a donor organ does become available, the donor-recipient matching system administered by UNOS finds an appropriate match based on specific criteria, such as:
- Blood type
- Size of organ compared with chest cavity
- Geographic distance between donor organ and transplant recipient
- Severity of the recipient’s lung disease
- Recipient’s health; and
- Likelihood of transplant success.
Lung Transplant Complications & Risks
Lung transplant surgery, however, is not without risks or complications. Risks and complications of a lung transplantation can include:
- Rejection of new lung(s) by immune system
- Blockage of blood vessels to new lung(s)
- Severe pulmonary edema (fluid in lungs)
- Post-transplant lymphoproliferative disorder
- Side effects from anti-rejection drugs
- Blockage of airways
- Infection or sepsis
- Bleeding
- Blood clots
- Death
Patients receiving lung transplants are often provided medications to suppress their immune system (immunosuppressant medications or anti-rejection drugs) to try to prevent the immune system from attacking the lung transplant. Side effects of anti-rejection drugs can potentially include weight gain, facial hair, stomach issues, diabetes, kidney damage, osteoporosis, cancer and/or high blood pressure (hypertension).
Lung Transplant Prognosis
Because the lung is a fragile organ that can be easily damaged, the survival rates for lung transplant patients are not as good as for other organ transplant recipients, with a one year and five year surivival rate for lung transplant recipients of about 87% and 52%, respectively.
If you or someone you love used a C-PAP, Bi-PAP or ventilator device and suffered severe lung issues that required a lung transplant, you may be entitled to compensation from a CPAP lung transplant lawsuit case or settlement claim. Contact a medical device injury lawyer to request a free case review.
*If you or a loved one are experiencing health issues, side effects or complications from a medical device or healthcare product, we urge you to promptly consult with your doctor or physician for an evaluation.
**The listing of a company (e.g., Koninklijke Philips N.V. or Royal Philips, Philips North America LLC, or Philips RS North America LLC) or product is not meant to state or imply that the company acted illegally or improperly or that the product is unsafe or defective; rather only that an investigation may be, is or was being conducted to determine whether legal rights have been violated.
***The use of any trademarks, tradenames or service marks is solely for product identification and/or informational purposes.
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