Truck drivers may only drive if it’s legally safe to do so. This is the purpose of getting your medical certificate. But what if a truck driver is legally cleared to drive… and then their medical device gets taken away?

This predicament happened to truck driver Gerry Shelton from Oregon. Shelton suffers from sleep apnea, a disorder that disrupts sleep schedule.

Sleep apnea is extremely common among truck drivers. One study found that almost half (49%) of all commercial truck drivers may have some form of obstructive sleep apnea.

Like many with this disorder, Gerry Shelton uses a continuous positive airway pressure (CPAP) machine to assist with his breathing at night. Unfortunately, the device that Shelton used was made by Royal Philips.

Royal Philips announced a recall in June 2021 for their devices due to a potential risk of cancer. Their devices used a foam that had a possibility of releasing carcinogens, and a CPAP user would breathe those directly into their lungs.

Shelton filed a lawsuit because the recall of his device left him unable to reach medical clearance to drive. Compensation for his lost hours is deserved.

What Is Sleep Apnea?

Due to the high numbers of sleep apnea cases among truck drivers, it’s important to recognize what sleep apnea is and how to treat it.

Sleep apnea occurs during sleep when breathing halts temporarily, often due to the airway collapsing or blockage with one’s tongue. These disruptions can last for over 10 seconds and may happen hundreds of times over the course of a night’s sleep.

A disruption in sleep may lead to life-threatening issues, cardiac problems, and a state of drowsiness and fatigue during the day. Drivers can lose focus in their eyes and have trouble concentrating. A potentially fatal combination for truck drivers.

The FMCSA lists the following risk factors for sleep apnea:

• A family history of sleep apnea
• Having a small upper airway
• Being overweight
• Having a recessed chin, small jaw, or a large overbite
• A large neck size (17 inches or greater for men, 16 inches or greater for women)
• Smoking and alcohol use
• Being age 40 or older
• Ethnicity
• Symptoms of Sleep Apnea
• Loud snoring
• Morning headaches and nausea
• Gasping or choking while sleeping
• Loss of sex drive/impotence
• Excessive daytime sleepiness
• Irritability and/or feelings of depression
• Disturbed sleep
• Concentration and memory problems
• Frequent nighttime urination

The good news is that sleep apnea can be treated with the help of a CPAP machine. If you believe you may be at risk of sleep apnea, please see a doctor and get a sleep study.