Philips Respironics has recalled Philips Bi-Level Positive Airway Pressure, Continuous Positive Airway Pressure, and mechanical ventilator equipment because of concerns regarding possible health hazards linked to lung damage. The firm may be confronted with a slew of lawsuits filed by individuals who were hurt by the devices.
If you or a loved one has been affected by the machines, you may be entitled to compensation from the responsible parties involved. Filing a lawsuit is a difficult process involving a lot of moving parts. The paperwork may make you want to give up on the process entirely, but following through with the claim will give you the justice that you and your family deserve.
Breaking the process into steps will make it less overwhelming.
Step One: Hire a Lawyer
A personal injury lawyer who handles medical device lawsuits will know what evidence is needed in your individual case. They can also give you advice on how to proceed with filing any claims that arise from the use of these products. Your lawyer is responsible for making sure that everything you need to file the claim is in place. This ensures the best possible outcome in the event of a settlement or a court victory.
The complications and specifics that come with any lawsuit are most likely not going to be able to be deciphered by anyone that isn’t trained in the field. This is why you need an attorney on your side to help guide you through the proceedings.
If you are looking for a lawyer, there are many different options. You can search online or use referrals from friends and family members who have used attorneys before in similar cases such as yours.
Be meticulous when choosing your attorney. You need someone that is experienced in personal injury lawsuits, and willing to advocate for the well-being of you and your family.
You also want to make sure the lawyer you choose is one that you can afford. Select someone within your budget, and make sure they have room in their schedule to represent you.
Step Two: Gather Evidence
Medical device lawsuits can be complex, and the defendants will likely try to find any reason to throw your case out of court. That’s why it is important to gather as much evidence as possible to support your claim. This may include medical records, receipts for the purchase of the product, witness testimonies, and any physical injuries or conditions that are a direct result of using the device.
Contact the facilities where you received care and ask them to release all of your medical information to you. They can send it through an online account or right to your mailbox. If you have a more extensive medical history, ask your doctor to only send the records that directly coincide with the issues you’re facing due to Philip’s respiratory machine.
Make sure to include your personal account of any hardships you’ve faced. Individualized experience will bolster your case. People need to know about the adversities that you’ve endured due to the negligence and misconduct of the responsible party.
Compile everything into an organized format. Have your testimony recorded or written down. Organize your medical records in chronological order; from the beginning of the issue to your current complications. Make it as concise as possible. Leave little room for reasonable doubt.
Step Three: Submit Your Claim
Now that you’ve hired an attorney and gathered any necessary evidence, you can proceed to file your claim. Your lawyer will do most of the work for you, but there are still a few things you’ll need to take care of.
You will likely have to fill out paperwork detailing the specifics of your case. Answer everything as truthfully and accurately as possible. If there is any information that you don’t know or aren’t sure about, either list it as unknown or ask your lawyer.
They will be able to provide you with the necessary information. Your lawyer is your best resource while you’re in the process of litigating your suit. They have the expertise and experience you need.
There are two types of claims that can be filed, depending on what happened in your case: A Class Action Lawsuit or An Individual Lawsuit.
Class Action Lawsuits are for when there is a common problem with the product. The defendants are usually the manufacturer and the retailer. This type of lawsuit allows people to join together in order to receive better representation and have more power against large companies.
Individual Lawsuits are filed when one person has been injured by a defective product. This type of lawsuit will have a better chance of being settled out of court, due to it not carrying the same weight as a class action.
Your lawyer will advise you on which option is best for your situation. They’ll do all the heavy lifting and keep you informed about what’s going on throughout each step in the process.
You deserve justice for any hardship you’ve experienced. If you or a loved one has been injured by the use of Philip’s CPAP, BiPAP or humidifier machines, follow these simple steps to begin the process of seeking legal retribution.