A lawsuit accuses Lincare of negligence after a delayed BiPAP replacement led to death.
Lincare, a major supplier of respiratory devices, is once again in legal trouble. This time, a lawsuit accuses the company of negligence that led to the death of a 27-year-old man with Down syndrome who depended on one of its machines to breathe while sleeping. The case, scheduled for trial in St. Louis, centers on the death of LeQuon Marquis Vernor, who had severe obstructive sleep apnea and relied on a BiPAP machine provided by Lincare. His mother, Sharon Vernor, is suing the company, claiming it failed to act quickly enough when his machine broke down, leading to his death.
LeQuon lived with his mother in Madison, Illinois. He had used a BiPAP machine since 2015 after doctors determined that he repeatedly stopped breathing while sleeping. With a crowded airway and other health complications, the device was essential for him to sleep safely. On September 11, 2020, the machine started making a loud noise and stopped working. His mother called Lincare right away, explaining that he needed the device and could not go without it. The company’s representative informed her that because the machine was more than five years old, Medicare required a new prescription before it could be replaced. Lincare claims it attempted to contact his doctor’s office the same day but received no immediate response. The company told Sharon to unplug the machine for 30 minutes and said a respiratory therapist would follow up. No one did.
For the next week, LeQuon struggled to sleep. Without his BiPAP, he snored loudly and had difficulty breathing at night. Despite repeated attempts to get a replacement, Sharon heard nothing further from Lincare until September 18, when a nurse called to say she would be delivering a new machine later that day. By then, it was too late. That afternoon, Sharon found her son unresponsive in his bed. Fluid had pooled in his mouth and nose. The BiPAP machine sat useless on the dresser nearby. She called 911, pleading for help, but paramedics arrived to confirm that LeQuon had died in his sleep.
An autopsy later determined that his lungs were congested with fluid and that complications from sleep apnea contributed to his death. Sharon filed a lawsuit against Lincare and Washington University, which had taken two days to send the new prescription after receiving it. The suit argues that Lincare prioritized profits over patient care, failing to provide a loaner machine even though it was clear LeQuon’s health was at risk. Lincare insists it followed legal guidelines and had no way of knowing his condition was life-threatening. The company also maintains that BiPAP machines are not considered life-sustaining devices, though medical experts disagree, especially in cases as severe as LeQuon’s.
Lincare has faced legal trouble before. The company, which earns $2.4 billion annually, has been repeatedly accused of improper billing practices and poor service. Customer complaints include reports of broken and dirty equipment, long delays in service, and aggressive collection tactics. Former employees have revealed that the company discouraged the use of loaner devices, sometimes even discarding them rather than providing them to patients. Despite these claims, Lincare maintains that it complies with all regulations and provides high-quality care.
As the trial approaches, the case has taken another turn. A judge ruled that Sharon’s legal team had met the standard for seeking punitive damages, suggesting the company may have shown reckless disregard for patient safety that led to his death. During depositions, a Lincare manager admitted the company should have instructed Sharon to take her son to an emergency room if his condition was serious. She also acknowledged that failing to provide loaner equipment was a mistake, though she later signed an affidavit stating she didn’t fully understand the legal definition of negligence.
Medical experts involved in the case stress the importance of uninterrupted BiPAP use for patients with severe sleep apnea. LeQuon’s condition meant that going without his machine for even one night put him at significant risk and could have led to severe consequences. A week without it was dangerous. While Lincare argues that it was waiting on a prescription, which led to the unfortunate outcome, the lawsuit contends that the company could have done more to ensure LeQuon’s safety. The outcome of the case could have significant implications for how companies like Lincare handle equipment failures for vulnerable patients in the future.
Sources:
What a Wrongful Death Lawsuit Reveals About America’s Largest Oxygen Provider
Oxygen-Device Provider Faces Lawsuit Over Customer’s Death
How the nation’s largest oxygen distributor became a multibillion-dollar Medicare scofflaw
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