Can you sue a manufacturer for a possible injury

[bigtecsks]

What is the name of your state? IL


I was part of a class action that covered only the defective CPAP device. I still haven't received my $100 from that case.

I had a couple of specialist that told me they doubt I had any cancer from the foam that I swallowed in my sleep from the Dreamstation original recalled machine. But I do believe my asthma has gotten worse over the years from the use of the machine.

Since I can only get up to $3,000 from a case in small claims in my county. Could I just write up a demand letter requesting more like $5,000?

I discovered another class action for injury has ended so won't be able to join regarding this cpap device issue.

 

[Mark_A]

What is the name of your state? IL


I was part of a class action that covered only the defective CPAP device. I still haven't received my $100 from that case.

I had a couple of specialist that told me they doubt I had any cancer from the foam that I swallowed in my sleep from the Dreamstation original recalled machine. But I do believe my asthma has gotten worse over the years from the use of the machine.

Since I can only get up to $3,000 from a case in small claims in my county. Could I just write up a demand letter requesting more like $5,000?

I discovered another class action for injury has ended so won't be able to join regarding this cpap device issue.

Are you sure the Small Claims Court limit varies by county in IL? A quick search suggests that there is a $10,000 limit across the state, but I am not saying that is correct. What county is it?

If the limit is $3,000 not sure why you are suggesting that you sue for $5,000?

Here are the rules for determining which county you can file suit in for Small Claims in IL:

If you choose to file:
Make sure you are filing in the correct county:
Generally, you must file your Small Claims action in the county where
1) the defendant resides, or
2) the events happened, which you believe gives you the right to sue, e.g., where the accident occurred, contract was signed or leased premises located.

A corporation is considered to reside in any county where it does business or has an office. (735 ILCS 5/2-102). Filing the claim in the wrong county may result in the case being dismissed. If you are not sure which county could be the correct location for your Small Claims action, consider talking to a lawyer.
https://19thcircuitcourt.state.il.u...e you are filing,consider talking to a lawyer.

 

[adjusterjack]

I do believe my asthma has gotten worse over the years from the use of the machine.

How old are you?

How long have you had asthma?

What medications have you been taking? How often and how much?

 

[zddoodah]

I was part of a class action that covered only the defective CPAP device. I still haven't received my $100 from that case.

I had a couple of specialist that told me they doubt I had any cancer from the foam that I swallowed in my sleep from the Dreamstation original recalled machine.

According to the website for the case, payments are ongoing through spring 2025.

Since I can only get up to $3,000 from a case in small claims in my county. Could I just write up a demand letter requesting more like $5,000?

You can write anything you like. You can demand anything you like from anyone. However, unless you opted out of the class action, that settlement, you gave up your right to pursue any legal action against the defendants and other released parties.

 

[quincy]

If you did not opt out of the class action settlement, you have lost the right to sue for any economic losses, but this does not necessarily mean you cannot still pursue a personal injury claim. You might benefit from speaking with a personal injury attorney in your area for a personal review of the facts of your situation.

 

[quincy]

https://angeion-public.s3.amazonaws.com/www.RespironicsCPAP-ELSettlement.com/docs/Long Form Notice.pdf

The above link provides information that you should find helpful. See especially #19 and #28.

 

[bigtecsks]

Are you sure the Small Claims Court limit varies by county in IL? A quick search suggests that there is a $10,000 limit across the state, but I am not saying that is correct. What county is it?

If the limit is $3,000 not sure why you are suggesting that you sue for $5,000?

Here are the rules for determining which county you can file suit in for Small Claims in IL:

If you choose to file:
Make sure you are filing in the correct county:
Generally, you must file your Small Claims action in the county where
1) the defendant resides, or
2) the events happened, which you believe gives you the right to sue, e.g., where the accident occurred, contract was signed or leased premises located.

A corporation is considered to reside in any county where it does business or has an office. (735 ILCS 5/2-102). Filing the claim in the wrong county may result in the case being dismissed. If you are not sure which county could be the correct location for your Small Claims action, consider talking to a lawyer.
https://19thcircuitcourt.state.il.us/1905/Starting-a-Small-Claims-Case#:~:text=Make sure you are filing,consider talking to a lawyer.

The Cook County small claims only allows up to $3000 after I was looking at their court site. That was a few months ago though.

 

[bigtecsks]

https://angeion-public.s3.amazonaws.com/www.RespironicsCPAP-ELSettlement.com/docs/Long Form Notice.pdf

The above link provides information that you should find helpful. See especially #19 and #28.

Thanks. I was part of one class action but only reimbursement for the machine itself. Only $100 of which I still haven't received. I was in contact with the lead attorney in that case.

There was another class action of which I didn't find out till this month. But the deadline to join was closed last month for injury type claims.

 

[bigtecsks]

According to the website for the case, payments are ongoing through spring 2025.




You can write anything you like. You can demand anything you like from anyone. However, unless you opted out of the class action, that settlement, you gave up your right to pursue any legal action against the defendants and other released parties.

I didn't even get to join the January settlement I just learned about for injury claims. I didn't get to opt in and do that one I missed the boat so ho speak. I did think I read though that it said if you have an injury or something you can go about your own case.

There is a court help center that can tell me what forms etc to fill out, and gives general information where to file a federal or state case.

 

[bigtecsks]

How old are you?

46

How long have you had asthma?

Since 2010 , but got worse after use of the defective CPAP machine

What medications have you been taking? How often and how much?

Bern using inhalers as needed. For a few years now.

When I had used the defective machine I was swallowing the bits of the foam that could have caused cancer. The foam would just get into my mouth and into my esophagus which I would wake up in the middle of the night ho doit what I could out. I spoke to my past sleep apnea specialist which thinks I did not get cancer and didn't have enough time to get the cancer. I did have the machine from 2018-2023. After I learned about the defective foam from reading the case online. I stopped using the machine and used my old CPAP machine till a new one could be replace.

 

[quincy]

I didn't even get to join the January settlement I just learned about for injury claims. I didn't get to opt in and do that one I missed the boat so ho speak. I did think I read though that it said if you have an injury or something you can go about your own case.

There is a court help center that can tell me what forms etc to fill out, and gives general information where to file a federal or state case.

If you opted out of a class action suit or you somehow missed out on a class action settlement, you could still file a personal injury lawsuit (if you are within the statute of limitations for filing).

If you were part of the class action that settled on economic losses, that legal action would not be available to you now.

You can make an appointment with a personal injury lawyer to get a brief assessment of your case. The initial appointment with the attorney should be free, but you should verify first.

 

[bigtecsks]

Thanks. I was part of one class action but only reimbursement for the machine itself. Only $100 of which I still haven't received. I was in contact with the lead attorney in that case.

There was another class action of which I didn't find out till this month. But the deadline to join was closed last month for injury type claims.

It was confusing because there was mention of a medical directive fund which said nobody would get direct funds from. And that the money would only go to research in preventing the CPAP problems. I had joined that list but it was not the personal injury class action that I viewed online just this month. It ended in January.

 

[bigtecsks]

https://angeion-public.s3.amazonaws.com/www.RespironicsCPAP-ELSettlement.com/docs/Long Form Notice.pdf

The above link provides information that you should find helpful. See especially #19 and #28.

Yes I did join this one. Still awaiting payment. But it wasn't for the injury claims.

 

[Mark_A]

The Cook County small claims only allows up to $3000 after I was looking at their court site. That was a few months ago though.

Looks like you are correct:

The [Cook County] Pro Se Small Claims Court works as follows:

• The person filing the complaint (the plaintiff) must be pro se; attorneys are not allowed to file complaints on behalf of clients in this branch.
• Plaintiffs may seek monetary damages only up to $3,000.00.
• Defendants can defend against the complaint either pro se or with an attorney.
• If the defendant appears with a lawyer, the plaintiff has the right to hire an attorney, and the case remains in the Pro Se Branch of the Small Claims Court.
• The judge refers all cases to mediation before hearing the cases to give the parties the opportunity to reach a solution to their conflict on their own.

Pro se means that the person is representing themselves in court without an attorney.

In the state I live (Georgia), the limit is $15,000 state wide, and no restrictions on whether the plaintiff must be pro se or has an attorney.

 

[quincy]

Often class action settlements will include not only compensation for the members of the class (the victims) who were harmed but will also include provisions that require correcting whatever it was that caused the injuries suffered by the class members in the first place.

So, you have not only compensation that goes to the class members/victims to reimburse them for their defective equipment but you also have compensation to the victims for any personal injuries suffered from use of the defective equipment, and then you have additional money designated for fixing/repairing/correcting the problem (e.g., to clean up an oil spill, replace faulty machine parts, remove harmful chemicals from products, whatever).

Filing an individual personal injury lawsuit is an alternative to becoming a member of a class action suit. For this you would want an attorney.