Many people in the Fargo area may use a CPAP or BiPAP to treat sleep apnea, a common medical condition in which people snore or briefly stop breathing when they are asleep.
Most of these machines are safe, and many find that they help them get a more refreshing sleep with less frequent and softer snoring.
However, like other medical devices, those who design and manufacture CPAP and BiPAP machines sometimes make mistakes that leave patients exposed to danger.
In recent years, a major manufacturer of these machines announced a recall of several product lines. The reason was that particles of foam, or chemicals from the foam, could wind up in the machine’s air flow. Many of the millions of machines recalled could still be in the homes of North Dakota residents.
Since both types of machines push pressurized air into a person’s nose or mouth, the result of this product defect is that patients get foreign particles or chemicals in their respiratory systems. These impurities can lead to a cough or other irritation, like a headache or nausea.
In more serious cases, the victim may have trouble breathing or suffer damage to their kidney or liver.
Those who used a defective machine may have the right to compensation
Those who have a recalled CPAP or BiPAP should stop using it and follow the recall instructions. They also should contract their medical provider.
While a recall should ensure a patient gets a refund or a product repair or replacement, the process does not allow victims to claim additional compensation for any injuries they suffered.
Even so, businesses that either manufacture or design medical devices must do so in a way that is safe for the public. If businesses choose to put profit over the safety of people, they run the risk of facing multiple lawsuits if not hundreds of related class action claims.
To collect compensation, a victim of a defective medical device will need to file a civil lawsuit against the manufacturer or other responsible party. Victims should make sure they fully understand their legal options in this respect.