Cleveland CPAP Lawyer

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Cleveland CPAP Lawyer

Cleveland CPAP Lawyer

Philips Respironics C-PAP, BiPAP and Ventilator Recall

It’s estimated that 50 to 70 million Americans have sleep and breathing disorders. Many, like sleep apnea, are treatable with C-PAP or BiPAP machines. As of June 2021, Philips Respironics has issued a recall for a number of their assistive breathing machines, including ventilators.

According to the FDA, there is a problem with the Philips CPAP polyester-based polyurethane (PE-PUR) sound abatement foam. It is used to reduce sound and vibration. The devices’ sound abatement foam can break down, causing toxic chemicals and black debris to enter the patient’s airway.

While no deaths have yet been reported, Philips acknowledges that inhaling these chemicals and debris may cause “headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects.” You may develop serious health problems immediately, or over time. This is the basis for the Philips CPAP cancer lawsuit.

If you used or currently use a Philips Respironics device and suffered exposure to chemicals and debris, call the Law Offices of Tim Misny right away. You may be entitled to compensation for your injuries.

Which devices have been recalled?

The FDA has posted a full list of the recalled devices. They include C-PAPs, BiPAPs and ventilators from the DreamStation, Trilogy, A-Series, C-Series, Dorma, REMstar and OmniLab lines.

Possible Effects Of Inhaling Toxic Chemicals And Black Debris

Inhaling toxins and black debris can have various effects on the respiratory system and overall health. The specific effects can vary depending on the nature of the toxins, the duration and intensity of exposure, and individual susceptibility. Here are some possible effects:

Respiratory Irritation

Inhalation of toxins and black debris can cause immediate irritation to the respiratory system. This can manifest as coughing, wheezing, shortness of breath, chest tightness, or throat and nasal irritation.

Acute Respiratory Symptoms

Exposure to certain toxins or high levels of particulate matter may lead to acute respiratory symptoms, such as bronchitis, pneumonia, or exacerbation of pre-existing respiratory conditions. This includes asthma or chronic obstructive pulmonary disease (COPD).

Allergic Reactions

Some individuals may be sensitive or allergic to specific toxins or particulate matter. Inhaling these substances can trigger allergic reactions, including sneezing, runny or stuffy nose, itching, and watery eyes.

Pulmonary Inflammation

Toxins and black debris can induce inflammation in the lungs. Prolonged exposure or repeated inhalation can lead to chronic inflammation, potentially contributing to the development of respiratory diseases and lung damage.

Reduced Lung Function

Inhalation of toxins and particulate matter can impair lung function over time. It may result in decreased lung capacity, reduced ability to exchange oxygen and carbon dioxide, and increased susceptibility to respiratory infections.

Increased Risk of Respiratory Infections

Breathing in toxins and particulate matter can weaken the immune system’s defense mechanisms in the respiratory tract. This can make individuals more susceptible to respiratory infections such as bronchitis, pneumonia, or sinusitis.

Cardiovascular Effects

Some toxins and fine particulate matter, when inhaled, can enter the bloodstream and contribute to cardiovascular problems. They may increase the risk of heart attack, stroke, and other cardiovascular conditions.

Carcinogenic Effects

Certain toxins and black debris may contain carcinogens, as discussed earlier. Prolonged exposure to these substances can increase the risk of developing cancer, particularly in the respiratory system or other organs involved in the inhalation process.

The Philips CPAP recall lawsuits are exactly why I decided to become a lawyer. It is so important that the products we depend on, are safe for our use. Too often, companies place their focus on profits, and not on the health of their customers. I want to help you, and I want to help our community by changing the way business is done. If you were using the recalled Philips CPAP machine, and have had any of the issues listed above, you need to call me right away!

What is a CPAP Machine?

A CPAP (Continuous Positive Airway Pressure) machine is a medical device used primarily to treat sleep apnea, a condition characterized by pauses in breathing during sleep. Sleep apnea machines consist of a small, quiet air pump that generates a continuous flow of pressurized air and a mask that is worn over the nose or mouth (or both) to deliver the air to the airway.

The CPAP machine works by creating a positive pressure that helps keep the airway open during sleep. The steady stream of pressurized air acts as a pneumatic splint to prevent the collapse of the soft tissues at the back of the throat that can block the airway. This allows for uninterrupted breathing throughout the night, reducing or eliminating the breathing pauses associated with sleep apnea.

What Is A BiPAP Machine?

A BiPAP (Bilevel Positive Airway Pressure) machine is a medical device used to deliver two levels of air pressure during breathing—higher pressure during inhalation and lower pressure during exhalation.

The Philips BiPAP machines are primarily used to treat sleep apnea and other respiratory conditions that require respiratory support. They work by delivering pressurized air through a mask, similar to a CPAP machine.

BiPAP machines offer two distinct pressure settings:

  1. Inspiratory Positive Airway Pressure (IPAP): This is the higher pressure level delivered during inhalation. The IPAP helps open up the airway, assisting with the intake of air into the lungs.
  2. Expiratory Positive Airway Pressure (EPAP): This is the lower pressure level provided during exhalation. The EPAP helps maintain an open airway and assists with the removal of carbon dioxide from the lungs.

The key differences between a BiPAP machine and a CPAP machine are:

  1. Dual Pressure: BiPAP machines provide two different pressure levels, while CPAP machines deliver a continuous and constant pressure throughout the breathing cycle.
  2. Exhalation Assistance: The lower EPAP level in a BiPAP machine allows for easier exhalation by reducing the resistance of airflow. This can be beneficial for individuals who may have difficulty exhaling against a continuous high pressure, such as those with certain lung conditions or respiratory muscle weakness.

I know many Cleveland residents who use BiPAP and CPAP breathing machines. The Philips CPAP recall lawsuit will help keep dangerous sleep apnea machines off the market, while recovering damages for any health issues it may have caused. I’ve been fighting corporate negligence for 40 years, and I’ll Make Them Pay!®

What Is A Ventilator?

A ventilator, also known as a mechanical ventilator or a respirator, is a medical device used to support or replace the natural function of breathing. It is primarily used in situations where a person’s respiratory system is unable to provide adequate oxygenation or remove carbon dioxide from the body.

A ventilator works by delivering a controlled mixture of oxygen and air to the lungs and removing carbon dioxide from the body. It consists of a machine that generates airflow, tubing to deliver the air to the patient, and a breathing circuit that connects the tubing to the patient’s airway. The circuit is usually through an endotracheal tube or a tracheostomy tube.

Ventilators differ from CPAP and BiPAP machines in several ways:

  1. Invasive vs. Non-invasive: CPAP and BiPAP machines are generally used in a non-invasive manner, with a mask worn over the nose or mouth to deliver air pressure. Ventilators, on the other hand, can be used in both invasive and non-invasive modes. Invasive ventilation involves inserting a tube directly into the patient’s airway, while non-invasive ventilation relies on a mask or interface that covers the nose or mouth.
  2. Breath Initiation: CPAP and BiPAP machines rely on the patient’s spontaneous breathing efforts to inhale and exhale against the provided pressure. In contrast, ventilators can be set to deliver breaths either in synchronization with the patient’s own breathing efforts (assisted ventilation) or completely control the breathing (controlled ventilation).
  3. Pressure Settings: CPAP and BiPAP machines typically provide a constant pressure or two distinct pressure levels (in the case of BiPAP). Ventilators, on the other hand, offer more comprehensive control over various ventilation parameters, including tidal volume, respiratory rate, inspiratory pressure, and positive end-expiratory pressure.
  4. Critical Care Applications: Ventilators are designed to handle critical care scenarios, such as managing acute respiratory failure or providing life support during complex medical conditions. They offer advanced features and capabilities that are not typically found in CPAP or BiPAP machines.

What Should I Do If My Device Has Been Recalled?

If your device is on the list of recalled products, call your healthcare provider immediately. They will likely recommend that you discontinue use, and take one of the following actions:

  • Use a similar device that was not included in the recall
  • Use a similar device from another provider
  • Use a bacterial filter for ventilators
  • Begin long-term treatment for sleep apnea (weight loss, smoking cessation, surgery)
  • Alternative treatments, such as mouth guards or positional therapy

Your medical provider may advise you to continue using the device until a new one can be procured—as long as the rewards outweigh the potential risk. If you depend on one of these devices for critical life-sustaining purposes, ask your medical provider about what you can do to mitigate further damage.

Once you’ve determined a medical course of action, it’s time to call me about Philips CPAP lawsuits. My Cleveland clients has placed their trust in me for years to fight for their medical expenses and damages. I will fight for you!

The FDA also encourages you to report problems with this online form.

Why Would You Need A CPAP, BiPAP, Or Ventilator

Sleep Apnea

Sleep apnea is a condition characterized by pauses in breathing during sleep. It can lead to disrupted sleep, excessive daytime sleepiness, and other complications. CPAP (Continuous Positive Airway Pressure) or BiPAP (Bilevel Positive Airway Pressure) machines are commonly used to treat sleep apnea. A sleep apnea machine delivers a steady stream of pressurized air through a mask, helping to keep the airway open and prevent breathing interruptions. By using CPAP or BiPAP, individuals with sleep apnea can experience improved sleep quality, reduced daytime fatigue, and better overall health.

Chronic Obstructive Pulmonary Disease (COPD)

COPD is a progressive lung disease that causes airflow limitation and breathing difficulties. In advanced stages of COPD, when a person’s lung function is severely impaired, they may require the assistance of a ventilator. Ventilators are mechanical devices that help deliver oxygen and remove carbon dioxide from the lungs. By using a ventilator, individuals with severe COPD can relieve respiratory distress, improve oxygenation, and enhance their ability to perform daily activities.

Acute Respiratory Distress Syndrome (ARDS)

ARDS is a severe lung condition that can occur as a result of various causes, such as pneumonia, trauma, or sepsis. It is characterized by widespread inflammation in the lungs, leading to fluid accumulation and impaired oxygen exchange. Ventilators are crucial in managing ARDS by providing mechanical ventilation support to help maintain adequate oxygen levels and manage breathing difficulties. Ventilator support is often a life-saving measure for individuals with ARDS, providing them with a chance to recover and heal their lungs.

Neuromuscular Disorders

Certain neuromuscular disorders, such as muscular dystrophy or amyotrophic lateral sclerosis (ALS), can weaken the muscles involved in breathing. As a result, individuals with these conditions may experience respiratory insufficiency and require assistance to breathe properly. Ventilators or BiPAP machines can be used to support their breathing by providing the necessary air pressure and oxygen. This helps individuals maintain adequate oxygenation and improve their quality of life.

Respiratory Failure

Respiratory failure occurs when the lungs cannot provide enough oxygen or remove enough carbon dioxide from the bloodstream. It can be caused by various conditions, such as severe pneumonia, lung injury, or drug overdose. Ventilators are crucial in managing respiratory failure, as they can deliver precise amounts of oxygen and support breathing when the body’s natural mechanisms are insufficient. Timely and appropriate use of a ventilator in cases of respiratory failure can be life-saving, allowing the body to receive the oxygen it needs and preventing further complications.

Let’s Hold the Manufacturers Accountable!

Patients depend on medical devices like C-PAPs, BiPAPs and ventilators to alleviate life-threatening conditions. The carcinogens released when the sound abatement foam breaks down causes a CPAP cancer risk! When these critical devices end up jeopardizing your health and safety, you shouldn’t have to bear the associated medical costs and other damages.

I will review your claim and let you know if you can participate in a class action lawsuit and how I can help. If you qualify, I’ll work to ensure the manufacturer is held to account and you are properly and justly compensated.

Call me today to discuss your case. I’ll Make Them Pay!®


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.