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Product Liability

Product Liability

Can I File a Products Liability Claim for a Recalled CPAP or BiPAP Machine?


Filed Under: Defective Product, Product Liability, Uncategorized

Philips Respironics recently announced that they would be issuing a voluntary recall for continuous positive airway pressure (CPAP) and bilevel positive airway pressure (BiPAP) machines. The recall came after it was discovered that the noise-reducing foam that is inside the machines can break down and expose users to cancer-causing toxins. For people who suffer from certain health conditions, like sleep apnea, this is a serious issue. They are put in a position where they must decide between using a device that could make them very sick, or stop using the device and continue suffering the symptoms of sleep apnea, including loud snoring, repeated episodes of stopped breathing and waking up abruptly, and gasping for air.

If you suffered a serious health complication after using a recalled CPAP or BiPAP machine, you may be able to file a products liability lawsuit.

What is a CPAP Machine?

CPAP machines deliver a constant flow of oxygen into a person’s mouth and nose as they sleep. A steady stream of pressurized air flows through a filter and into a flexible tube that connects to a mask that is sealed around the nose and mouth. If you are using a CPAP machine, it is important to understand that the machine does not breathe for you, but it does keep your airways open and helps you to breathe more normally.

The devices use a polyester-based polyurethane (PE-PUR) foam that reduces the noise that the machine makes when it is being used. When the foam breaks down, it can release particles and gases that may cause serious health complications if swallowed or inhaled. In fact, it was found that the degraded foam produced a number of potentially harmful chemicals, including the following:

  • Toluene diamide: This is used to make a range of products, like hair dyes. It can cause genetic defects, skin reactions, toxicity, organ damage, fertility issues, and cancer.
  • Toluene diisocyanate: This is used to make foams, coatings, and adhesives. It causes a range of health complications, including skin irritation, respiratory irritation, eye damage, and cancer. If inhaled, it can be fatal.
  • Diethylene glycol: This is used in the manufacturing of other chemicals. It can irritate the skin, eyes, and mucous membranes.
  • Dimethyl diazene: This is a gas that is used to make other chemicals.
  • Phenol, 2,6-bis (1,1-dimethylethyl)-4-(1-methylpropyl): This is also used to make other chemicals.

What are the Symptoms of Exposure to Foam Particles?

Philips reported that there were complaints from patients that they found black debris or particles in the device’s airpath circuit. According to a representative from the opens in a new windowFood and Drug Administration (FDA), these are serious issues that can have devastating, even life-threatening consequences. In some cases, they can cause permanent impairments. There are a wide range of health complications associated with foam particle inhalation or ingestion, including the following:

  • Airway irritation
  • Skin, eye, and respiratory tract irritation
  • Asthma
  • Cough
  • Sinus infection
  • Upper airway irritation
  • Chest pressure
  • Headache
  • Different types of cancer

When the foam inside the machine breaks down or becomes damaged, it can release volatile organic compounds (VOCs), which are toxic gas emissions. Inhaling these gases causes an increased risk of respiratory complications and cancer. The following are example of health risks associated with inhaling the toxic gases released by PE-PUR foam:

  • Airway inflammation
  • Airway irritation
  • Carcinogenic and toxic effects
  • Dizziness
  • Headache
  • Hypersensitivity
  • Skin, eye, nose, and respiratory irritation
  • Nausea
  • Vomiting

When am I Eligible to File a Products Liability Lawsuit?

If you have experienced any serious side effects or health complications after using a recalled Phillips CPAP or Bi-PAP device, you may be eligible to pursue a products liability lawsuit. If you suffered any of the following injuries or serious health issues, a lawyer can assist you with the claims process:

  • Acute respiratory distress system (ARDS).
  • Cancer, including but not limited to bladder cancer, brain cancer, breast cancer, kidney cancer, lung cancer, prostate cancer, and thyroid cancer.
  • Chemical poisoning.
  • Heart attack or heart failure.
  • Kidney damage.
  • Pleural effusion.
  • Reactive airway disease (RAD).
  • Severe inflammation of the ear, nose, or throat.

Which Philips Machines are Impacted by the Recall?

The number of products recalled and the problems it has caused is unprecedented. The recall has put pressure on other manufacturers to provide machines to the people who need them. However, there is a limited supply, and users whose device has been recalled are being told that alternative machines are not available. Users are urged to talk to their supplier to determine whether there are other products available that are not impacted by the recall or that may meet their needs until the Philips device is repaired or replaced. Patients should speak with their health care professional about whether they should continue to use the machine.

The following devices have been recalled:

  • DreamStation ASV
  • DreamStation ST, AVAPS
  • SystemOne ASV4
  • C-Series ASV
  • C-Series S/T and AVAPS
  • OmniLab Advanced+
  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go
  • Dorma 400
  • Dorma 500
  • REMstar SE Auto

What Should I Do if My Device is on the Recall List?

If you are one of the millions of Americans that suffer from sleep apnea, you may rely on a CPAP or BiPAP machine to keep your airways open while you sleep. In addition to helping you breathe normally, a CPAP or BiPAP machine prevents you from waking up multiple times throughout the night, which means you get a better night’s sleep. However, if you discover that the machine you are using has been recalled, it is important that you take the following step to ensure that your health is protected:

  • Do not stop using the machine until you talk to your doctor. A doctor will determine whether there is a device that is a safe and effective alternative to the recalled machine. If an alternative therapy is not available or there is a limited supply, your doctor may recommend that you continue using the recalled machine, particularly if the benefits of using it outweighs the risks of stopping therapy.
  • Be sure to follow the manufacturer’s instructions for cleaning. Avoid using ozone cleaners, as these may cause the foam to break down.
  • Register your device on the official recall website. This will keep you informed of all updates related to the product recall.

How can a Lawyer Help Me With My Case?

If you have been diagnosed with cancer or any other health complication that may be linked to the machine that you have been using, an experienced lawyer can assist you. In order to have a successful outcome, you will need to compile evidence that the device caused your health issue. This may include medical records, test results, the name and model of the device you used, and how long you have been using the device.

Products liability cases involving medical devices can be complicated, so it is highly recommended that you have a skilled lawyer on your side who will protect your legal rights. Depending on the severity of your injuries and other key factors, you may be entitled to the following damages:

  • Medical expenses
  • Future medical costs
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life

Los Angeles Products Liability Lawyers at ACTS Law Represent Clients Injured by Recalled CPAP and BiPAP Machines

If you have suffered a serious health complication after using a recalled CPAP or BiPAP machine, do not hesitate to contact our Los Angeles products liability lawyers at ACTS Law. Protecting your legal rights is our top priority. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

Instant Noodle Soup: Danger Hiding in Plain Sight


Filed Under: Product Liability, Uncategorized

We’ve all seen instant noodle soup cups at grocery and convenience stores. Those styrofoam cups filled with dried noodles and seasonings that come alive when hot water is added seem like the ultimate meal on-the-go.

But behind that convenience, a serious danger is lurking: those cups pose a significant burn risk to children.

According to the research presented at a recent American Academy of Pediatrics National Conference, opens in a new windowmicrowavable instant noodle and soup products cause 20% of the scald burns children suffer that require visits to hospital emergency rooms for treatment. The authors of that research found that these products cause just under 10,000 burn injuries each year among children between the ages of four and 12.

opens in a new windowNPR surveyed a dozen hospital burn units across the United States about injuries caused by instant noodle soup cups. Eight out of twelve hospitals said that several times a week they see patients who have suffered burns from instant noodle soup cups. Moreover, a hospital in Washington, D.C. reports seeing on average five to six patients a week with these injuries.

Why do instant noodle soup cups injure so many children? Because of the way they are designed. They are light, tall, and have an unstable base. Together, these characteristics make the cups likely to tip over with even the gentlest of tugs, especially when those tugs come from young children still developing their motor skills.

Making matters worse, the sticky noodles that are the hallmark of instant noodle soup cups cling to the skin, resulting in deeper, more severe burns. opens in a new windowAccording to a 2007 study, when people suffered noodle-soup burns to their upper bodies, their hospital stays were more than twice as long as stays to treat burns from hot liquids only. Noodle burns can cause permanent scarring and limited mobility.

What’s particularly troubling about the dangers of instant noodle soup cups is that their manufacturers could easily make the cups safer. opens in a new windowAccording to a 2006 study, the “simple redesigning of instant soup packaging with a wider base and shorter height . . . would reduce the frequency of soup burns.” That study found that tall cups with a narrow bottom tipped over almost 300% more easily than short cups with wide bottoms.

Despite this study and multiple news opens in a new windowreports of the burn risks instant noodle soup cups pose, many varieties of instant noodle soup are still sold in cups that can easily tip over.

Just recently, the legal team at ACTS Law, LLP filed a lawsuit on behalf of a now seven-year-old Los Angeles girl who suffered second and third degree burns to her thigh when she was five years old after a cup of Maruchan Instant Lunch she was about to eat, which was filled with boiling water, tipped over and spilled onto her lap. The young girl was served the piping hot cup of noodles from a donut shop in Bellflower, California, when she and her then 11-year-old sister each purchased a cup. A donut shop employee filled the containers with boiling water.

Ever since she was burned almost two years ago, our client continues to suffer from a melon-size discoloration and loss of pigmentation on her right thigh, and additional mental and emotional injuries.

Our lawsuit, filed in the Los Angeles Superior Court, alleges that Maruchan’s design of the packaging of its Instant Lunch instant noodle soup product is dangerous and defective because when it is filled with boiling water and set on a flat surface, it is not stable and is likely to tip over and spill onto the person eating it. The lawsuit also alleges that the donut shop where our client purchased the cups of Instant Lunch was negligent for selling them to two minors with boiling water in them.

“It is shocking that children across this country continue to be injured by faulty scalding-hot instant noodle soup cups simply because the manufacturers of those products continue to ignore the fact that their products’ packaging is inherently dangerous,” said Douglas Rochen, a partner at ACTS Law. “It is our clients’ hope that this lawsuit forces instant noodle soup manufacturers to change their dangerous packaging and eliminate the risk that more young children will continue to be severely injured by their products.”

Los Angeles Products Liability Lawyers at ACTS Law Assist Consumers Injured by Instant Noodle Soup Products

If you or someone you love has been injured by an instant noodle soup product, contact the Los Angeles products liability lawyers at ACTS Law. For a free consultation, call us at 833-ACTS-LAW opens phone dialeror contact us online. From our offices in Los Angeles and San Diego, we serve clients throughout Southern California.

What are the Common Types of Defective Products?


Filed Under: Product Liability

As consumers, we trust the products we use have been designed and tested to be safe, but that is not always the case. Defects that develop from the time a product is first conceived to the point where it reaches the store shelves can often pose a risk to consumers. Most recently, more than 40 million vehicles equipped with Takata airbags were recalled after they were shown to explode on impact, causing serious and fatal injuries to drivers. That is just one example of how a single flaw in a commonly used product can endanger the lives of many.

Types of Product Defects

When it comes to legal claims, there are three types of product defects:

  • Design: These are flaws inherent in the product’s design. In these cases, the designer or manufacturer is liable for failing to create a safe product. In some states, plaintiffs must show that risk could have been avoided if the manufacturer used a reasonable alternative design that was feasible to produce.
  • Manufacturing: These defects occur during the assembly or manufacturing process, despite the product’s design being safe. These unsafe products do not perform as they were intended to based on the product’s design. Manufacturing defects are the most common cause of products liability claims.
  • Marketing: These include problems with the instructions or warnings that accompany the product. If consumers do not understand how to use a product and become injured as a result, the manufacturer may be liable for those injuries.

Potentially Unsafe Products

If you were hurt by a dangerous product or know someone who has, we recommend contacting a products liability lawyer experienced in handling claims for unsafe:

  • Children’s toys and furniture
  • Medical devices and implants
  • Construction tools and machinery
  • Car and truck parts
  • Medications
  • Consumer goods

If you were injured by a product you assumed to be safe, your priority should be getting medical attention. It is important to keep all records of your injuries and care in case you decide to bring a products liability claim. Then, you should contact a products liability lawyer who can explain your options for pursing justice under the law.

LA Products Liability Lawyers at Abir Cohen Treyzon Salo, LLP Advocate for Consumers Hurt by Dangerous Products

As the Takata airbag recall shows, a single flaw in design or assembly can result in catastrophic injuries for an unwitting consumer. The LA products liability lawyers at Abir Cohen Treyzon Salo, LLP are committed to protecting the rights of clients injured by products they assumed to be safe. We do all it takes to hold companies accountable and recover damages for your pain, suffering, medical bills, and lost income for the injuries that could have been prevented. Call 833-ACTS- LAWopens phone dialer or contact us online to schedule a free consultation. Located in Los Angeles and San Diego, California, we serve clients throughout Orange County and Los Angeles County, including Beverly Hills, Calabasas, Malibu, Santa Monica, Long Beach, Hidden Hills, Pasadena, San Marino, Brentwood, Encino, Newport Beach, and Foresthill.

Who is Liable in a Catastrophic Injury?


Filed Under: Catastrophic Injury, Product Liability, Traumatic Brain Injuries

A catastrophic injury can significantly affect a person’s physical body, cognitive status, ability to work, and their independence. This type of injury commonly requires emergency care, hospitalization, surgery, and ongoing physical or cognitive rehabilitation, and can result in temporary or permanent disability. Catastrophic injuries are likely to limit a victim’s earning potential or prohibit them from returning to work.

Medical costs and lost wages connected to a catastrophic injury can quickly devastate a victim’s financial health. Liability for a catastrophic injury can be shared among several negligent parties, including employers, manufacturers, and distributors of defective equipment, negligent property owners, and even doctors and hospitals.

Types of Catastrophic Injury

A catastrophic injury is one that significantly impacts a victim’s life. Common types of catastrophic injury include:

  • Traumatic Brain Injury (TBI)
  • Head injuries that result in cognitive, mood, and physical impairment
  • Spinal cord injuries and paralysis
  • Loss of vision
  • Loss of hearing
  • Mobility issues
  • Amputations or loss of limbs
  • Disfigurement
  • Burn injuries
  • Chronic lung damage and lung disease
  • Electrocution
  • Heart Disease
  • Cancer

Catastrophic injury can result in a multitude of consequences for the victim, which include:

  • Medical expenses, both current and future
  • Psychological damage
  • Physical and cognitive deficits
  • Loss of independence and inability to manage the tasks of daily living, including dressing oneself, toileting issues, hygiene, cooking, and eating
  • Lost income
  • Loss of future earning potential
  • Permanent disfigurement
  • Pain and suffering
  • Poor quality of life
  • Punitive damages
  • Loss of life

When a catastrophic injury limits a victim’s ability to earn a living or to live independently, compensation can be awarded through a personal injury lawsuit, premises liability lawsuit, or product liability lawsuit.

Determining Liability for a Catastrophic Injury

The burden of proof in a personal injury, product liability, or premises liability lawsuit falls on the plaintiff and requires proof that the defendant’s negligence directly resulted in their injury. This is not always easy to prove, even when it seems obvious that negligence was present. Large insurance companies, businesses, manufacturers, distributors, and medical facilities typically have large legal teams on retainer to fight such claims.

An experienced and qualified catastrophic injury lawyer can assess the client’s case, gather pertinent evidence to support the claim, and prove that the negligence of the responsible party directly caused their client’s injury. A lawyer will also be able to determine if there are multiple parties liable for injuries. For example, a person that suffers a catastrophic injury from an accident with a commercial truck may be able to hold the trucking company, the truck driver, and the manufacturer of a defective mechanical part liable for the injuries.

LA Catastrophic Injury Lawyers at Abir Cohen Treyzon Salo, LLP Help Victims of Catastrophic Injury Claim Compensation

If you suffered a catastrophic injury, contact the LA catastrophic injury lawyers at Abir Cohen Treyzon Salo, LLP today. We will fight to obtain the compensation you deserve for your injuries. Call us at 833-ACTS-LAWopens phone dialer or contact us online to schedule a free consultation today. Located in Los Angeles and San Diego, we serve clients throughout California.

ACTS Represents Plaintiff in Suzuki Defective Brakes Suit


Filed Under: Catastrophic Injury, Product Liability

Abir Cohen Treyzon Salo, LLP is representing a victim in a products liability lawsuit against the Suzuki Motor Corporation, Suzuki Motor of America, Inc., and motorcycle dealership Wheels in Motion, Inc. In March 2016, she became severely injured in a motorcycle collision while riding a 2008 Suzuki GSX-R600 she purchased at Wheels in Motion the previous year. When the crash occurred, she was riding her motorcycle on Sunset Boulevard in Los Angeles County, California. She attempted to slow down and tried to depress the front brake, which failed to stop the motorcycle. She used the rear brake instead, which caused her to skid on the road where she was thrown from her bike and hit the ground, sustaining a traumatic brain injury and other serious complications.

The lawsuit claims that Defendants produced, distributed, and sold a defective motorcycle.  They also failed to properly investigate the defect, and timely recall the product. It also alleges that the high-volume retailer failed to fix the brakes despite the recall being common knowledge in the motorcycle industry and that people from the dealership must have known about the recall, and failed to properly mechanically inspect or investigate the history of the motorcycle before it was sold to the plaintiff.

 Similar Lawsuits and Settlements

 Many riders have been victims of crashes while riding Suzuki motorcycles that contained defective brakes and suffered life-changing injuries. A Georgia man was involved in a collision while riding his Suzuki motorcycle on August 12, 2013. During the collision, he shattered his spine, which left him with mobility issues and prevented him from returning to his job. Testing after the crash determined that the brakes on the bike were defective. He received more than $10 million as compensation for his injuries after the brakes on his motorcycle failed.

In August 2019, a Jacksonville, Florida rider filed a similar suit against Suzuki and a retailer because of the allegedly faulty brakes on the bike. The rider used a friend’s 2007 Suzuki GSX-R1000 motorcycle in June 2013 and attempted to depress the front brake during the ride, which failed to stop the bike. He lost control of the motorcycle and crashed into a car, leaving him permanently paralyzed. According to his testimony, he believes that if the front brake operated as it should have, he would not be injured.

Defective Brakes Found on Motorcycles

 An initial report citing a brake defect with Suzuki motorcycles arose in May 2009 in Germany.  There were complaints from the Suzuki racing team years before that.  Although it is alleged that the Suzuki company knew about the defect for years, the first recall in the U.S. was not issued until November 2013. Over 400,000 vehicles encompass the recall, including 2004 through 2013 Suzuki GSX-R600 and GSX-R750 models, and 2005 through 2013 Suzuki GSX-R1000 models.

The recall identifies defects in the front brake master cylinder causing the brake fluid to interact with materials in the front brake master cylinder that leads to corrosion and the release of hydrogen gas.  Hydrogen gas, or any gas or air bubbles, in a hydraulic brake system renders the brakes inoperable and puts riders at-risk for serious injuries and fatalities. Plaintiff contends that  Suzuki  put off issuing the recall long after it knew the recall was necessary because they did not want the recall to affect their busy sales season and wanted to stock pile parts before issuing  the recall, valuing the logistics of having more parts on hand more than the safety of the riders who would be riding defective motorcycles for a longer period of time.

LA Products Liability Lawyers at Abir Cohen Treyzon Salo, LLP Hold Manufacturers Accountable for Defective Products

 If you were seriously injured in a collision involving a defective vehicle, we will ensure that you receive the maximum compensation to cover your injuries. At Abir Cohen Treyzon Salo, LLP, our LA products liability lawyers dedicate their efforts to righting the wrongs you experienced using a defective product. Call us at 833-ACTS-LAW opens phone dialeror contact us online to request a free consultation. From our offices in Los Angeles and San Diego, California, we provide skilled and knowledgeable legal representation to victims and their families throughout Southern California.

A Message to Our Clients About Coronavirus COVID-19:
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A Message to Our Clients About Coronavirus COVID-19

At Abir Cohen Treyzon Salo, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our law firm is remaining open to serve your legal needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (833) ACTS-LAW.

Thank you and take care.