Some claim that Respironics brand ventilators are defective and can lead to patient injury or death.
Respironics is self-described as a "leader in the sleep and respiratory markets." The company manufactured a variety of different ventilators to help people living with conditions like sleep apnea and other respiratory disorders. Respironics has issued various recalls of its ventilators, including the V100, V200 and V202 models in February 2014 over concerns that a potentially defective component could cause injury.
In June 2013, Respironics issued a class 1 recall of its V60 model ventilator due to software issues. Respironics said that a component on the V60 ventilators could fail, causing the respirator to stop functioning without sounding any noticeable alarm. According to the FDA press release, "this recalled product may cause serious adverse health consequences, including death."
In November 2014, the U.S. Department of Health and Human Services issued a letter to the VP and General Manager of Respironics California saying that they had conducted an investigation and found that Respironics failed to:
- Supply proof that a malfunctions reported by consumers were not likely to cause injury/death if they were to happen again
- Provide documentation of planned corrective actions, and other failures.
Some individuals have filed lawsuits against Respironics alleging that the ventilators are either defective or Respironics failed to properly warn, or both. If you or someone you love used a Respironics brand ventilator and it malfunctioned, you may be entitled to financial compensation.
In Texas, in order for a product liability claim to have merit, there must be sufficient evidence that a defect in a product's manufacturing, design, or marketing (ex: failure to warn) caused injury, death, economic loss, or damage to real/personal property.
According to Sec. 16.012 of the Texas Civil Practice and Remedies Code, a plaintiff must initiate a product liability claim against the product manufacturer/seller within 15 years after the defendant sold the product.
If you would like to learn more about your legal rights and options, we invite you to contact Wyatt Law Firm today to speak with one of our San Antonio product defect attorneys.