Philips CPAP Lawsuit Update: $1.1 Billion Settlement Reached

You can file a Philips CPAP Lawsuit if you’re suffering from cancer, lung problems, or other injuries after using a recalled Philips machine. Philips recalled a wide range of its CPAP, ventilators, and BiPAP machines because of the potential carcinogen and toxic chemical exposure.

On September 1, 2021, the CPAP device maker announced that he will repair or replace recalled devices, but it will take a year to finish the procedure.

However, on November 12, 2021, an FDA CPAP recalled update found the new foam placed in replacement machines also poses a safety risk. Nevertheless, the agency’s inspection report also revealed that Philips knew as far back as 2015 that PE-PUR foam in its breathing machines could degrade.

What Are BiPAP, CPAP, and Ventilators?

BiPAP (bi-level positive airway pressure), CPAP (continuous positive airway pressure), and ventilators are essential devices for treating respiratory conditions. Each device has distinct features tailored to specific medical needs.

  • BiPAP machines: Like CPAP, BiPAP machines offer personalized respiratory support with two pressure levels: higher during inhalation and lower during exhalation. This adjustment enhances comfort, especially for conditions like COPD or obesity hypoventilation syndrome. 
  • CPAP machines: CPAP machines maintain a steady airflow to keep the airway open during sleep, reducing breathing interruptions linked to sleep apnea. They consist of a small machine connected to a mask worn over the nose or mouth. 
  • Ventilators: Ventilators are advanced devices that deliver controlled oxygen and air to support patients unable to breathe adequately on their own. Commonly used in ICUs and emergencies, they treat conditions such as acute respiratory failure, pneumonia, and respiratory distress syndrome.

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The Rise of BiPAP, CPAP, and Ventilators

The emergence of CPAP, ventilators, and BiPAP machines marks a significant shift in managing respiratory conditions, bringing personalized and efficient therapy to the forefront. These devices have transformed sleep medicine and critical care, enabling healthcare providers to offer superior respiratory support and enhance patient outcomes in various clinical environments. As technology progresses and patient care standards improve, CPAP, ventilators, and BiPAP machines will continue to play vital roles in combating respiratory diseases.

The Philips CPAP Recall

On June 14, 2021, Philips issued a voluntary recall for various BiPAP, CPAP, and mechanical ventilator devices due to potential health risks related to the polyester-based polyurethane (PE-PUR) foam component. This foam can break down, releasing harmful substances that users may inhale or ingest. The Philips CPAP recall affects devices in the first-generation DreamStation product family.

Philips first highlighted the adverse effects of its CPAP and BiPAP devices in its first-quarter 2021 report. They found that the PE-PUR foam could degrade into particles, which can then enter the device’s air pathway and be inhaled or ingested by the user. Certain cleaning methods and environmental conditions can worsen foam degradation.

On June 30, 2021, the Food and Drug Administration issued a safety communication alerting users and healthcare providers about the Philips CPAP recall. Classified as a Class 1 recall, indicating a high risk of serious injuries or death, individuals were urged to stop using the affected devices and seek alternatives.

Around 15 million Philips CPAP and ventilator machines worldwide are affected by the recall, sold between 2008 and 2021 under the Philips Respironics brand. 

List of Recalled Devices

The following Philips CPAP and BiPAP devices, manufactured before April 26, 2021, are affected by the manufacturer’s recall notification:

  • A-Series BiPAP A30 
  • A-Series BiPAP A40 (ventilator) 
  • A-Series BiPAP Hybrid A30 
  • A-Series BiPAP V30 Auto (ventilator) 
  • C-Series ASV (ventilator) 
  • C-Series S/T and AVAPS 
  • Dorma 400 
  • Dorma 500 
  • DreamStation 
  • DreamStation ASV 
  • DreamStation Go 
  • DreamStation ST, AVAPS 
  • E30 
  • Garbin Plus, Aeris, LifeVent (ventilator OmniLab Advanced+) 
  • REMstar SE Auto 
  • Repair kits for Trilogy Evo muffler assembly 
  • SystemOne (Q-Series) 
  • SystemOne ASV4 
  • Trilogy 100 (ventilator) 
  • Trilogy 200 (ventilator) 
  • Trilogy Evo ventilator
Philips CPAP Lawsuit

Potential Health Risks: Cancer and Respiratory Conditions

Reports have surfaced linking Philips CPAP machines to serious health concerns. Since April 2021, the FDA has received over 116,000 Medical Device Reports, including 561 death reports suspected to be related to problems with insulating foam in Philips devices.

The use of Philips CPAP machines has been associated with an elevated risk of various cancers affecting the head, neck, or respiratory system. These may include:

  • Esophageal cancer. 
  • Laryngeal cancer. 
  • Lip cancer. 
  • Lung cancer. 
  • Nasal cancer. 
  • Nasopharynx cancer.      
  • Salivary cancer. 
  • Soft palate cancer. 
  • Throat cancer. 
  • Tonsil cancer.

Additionally, users have reported respiratory conditions and injuries linked to Philips CPAP machines, including:

  • Chronic asthma (new onset). 
  • COPD (new onset). 
  • Interstitial lung. 
  • Pneumonitis. 
  • Pulmonary fibrosis. 
  • Recurring pneumonia (3+ times in an 18-month period). 
  • Sarcoidosis. 
  • Scarring of the lung.

Despite mounting evidence, Philips has not accepted fault or liability for any injuries caused by their products. This stance persists even as Philips announces a new settlement agreement, highlighting the ongoing dispute over the safety and accountability of these CPAP machines.

Current Status of Philips CPAP Machines

Sales of Philips’ popular DreamStation and other respiratory units in the US are currently halted as the company works to comply with a consent decree with the US government. Philips intends to resume selling the devices once it meets the decree’s terms. The company also pledges to continue servicing units still in use, including providing replacement parts. Lawsuits against Philips allege that the CPAP machine was poorly designed and lacked adequate warnings when brought to market.

Philips CPAP Recall Lawsuits

The Philips CPAP recall has led to a surge in product liability and consumer class action lawsuits against the company by users affected by the recalled devices. Allegations suggest that Philips knew of potential risks associated with inhaling foam particles but failed to act appropriately. Many plaintiffs argue that inhaling chemical particles from the PE-PUR foam has caused severe health conditions, including lung and kidney damage.

In response to the lawsuits, a new class-action Multidistrict Litigation (MDL 3014) was established in the Western District of Pennsylvania. This consolidation aims to streamline future Philips CPAP lawsuits in federal court, facilitating a unified discovery process, test trials, and ultimately, a comprehensive settlement with Philips.

Philips CPAP Lawsuit Developments

These are the latest updates in the Philips CPAP machine lawsuit saga:

  • May 2024: Philips reached a $1.1 billion settlement for CPAP lawsuits, allocating $1.075 billion for personal injury claims and $25 million for medical monitoring. 
  • April 2024: Philips disclosed a $1.1 billion settlement in a financial report to address the growing number of CPAP lawsuits. 
  • March 2024: Lawyers met with Judge Joy Flowers Conti to discuss the MDL’s status. Upcoming bellwether test trials, expected to start in 2025, will be selected next. 
  • February 2024: The FDA updated its medical device reports database, adding new injury reports linked to recalled Philips CPAP devices. Additionally, 62 cases were added to the MDL. 
  • January 2024: A new wrongful death CPAP lawsuit was filed in Illinois, alleging a man’s death was caused by Adenocarcinoma from using Philips’ CPAP machine. 
  • December 2023: Bellwether trials in MDL 3014 were slated for 2025. Philips contested recommendations of the special master in the MDL. 
  • November 2023: Bellwether trials in MDL 3014 were anticipated to begin in 2024. 
  • October 2023: As of Oct. 19, 2023, 729 lawsuits were pending in the Philips CPAP recall MDL, with a total of 784 cases filed. 
  • September 2023: Philips agreed to pay at least $479 million to settle a CPAP class-action lawsuit seeking financial damages from the CPAP recall.

Philips Agreed to $1.1 Billion CPAP Settlement

Philips Respironics has agreed to a $1.1 billion settlement over claims that their CPAP and other breathing devices caused harm to users due to noxious gases and foam particles. The Philips CPAP settlement also includes provisions for medical monitoring. This settlement impacts CPAP machines used by individuals with sleep apnea or respiratory issues, as well as other home and hospital machines. Notably, Philips and Philips Respironics did not admit fault or causation regarding the injuries associated with the devices.

Settlement Funds Expected to Disburse Next Year

The $1.1 billion Philips CPAP settlement, facilitated by retired magistrate judge Diane M. Welsh, is still awaiting finalization pending submission to a federal court in Pennsylvania, a key state in the production of the affected machines. The settlement funds are earmarked for individuals who have suffered significant physical injuries due to the recalled CPAP and other respiratory devices, as well as for research aimed at treating these injuries, according to attorneys involved. Philips reports that approximately 58,000 individuals have either filed claims or registered for the settlement. Payment disbursement to consumers is anticipated in 2025, according to Philips.

Numerous Settlements in the Works

In addition to the recent personal injury settlement, Philips has reached another significant agreement: resolving a class-action lawsuit concerning economic damages resulting from the recall. This settlement, valued at a minimum of $613.3 million, includes $94.4 million allocated for attorneys’ fees. Its goal is to provide reimbursement to users and entities, such as insurance companies, for recalled machines they purchased or leased. Approval for this arrangement was granted by Judge Conti in the federal court in western Philadelphia. Notably, retired magistrate Judge Welsh, previously appointed by the judge to mediate the injury-related class-action suit, played a crucial role in this resolution as well. Philips intends to disburse these funds within the current year.

Financial-Loss Settlement v. Personal Injury Settlement

The financial-loss settlement and the injury-related agreement are distinct resolutions regarding the Philips CPAP machine lawsuit.

The financial-loss settlement aims to compensate users for financial losses incurred due to the recall. It includes provisions for:

  • Device payment award: Users can receive compensation for each recalled device they purchased, leased, or rented. 
  • Device replacement award: Users who paid to replace a recalled machine out of pocket may be eligible for a replacement award. 
  • Device return award: Users receive a $100 award for returning their recalled device by the claim deadline of August 9, 2024.

In contrast, the injury-related settlement focuses on compensating users harmed by the devices. It includes provisions for:

  • Device payment award: Users injured by the devices can receive payments for their injuries. 
  • Device replacement award: Users harmed by the devices can receive replacement devices. 
  • Personal injury claims: Users injured by the devices can file claims for personal injuries or medical monitoring relief.

Filing a Philips CPAP Lawsuit

To initiate a CPAP recall lawsuit, follow these steps:

  • Consult a Philips CPAP lawsuit attorney: Contact a law firm specializing in product liability and medical device lawsuits. They will evaluate your case and determine its validity. 
  • Gather relevant evidence: Collect essential information about your CPAP machine usage, including purchase receipts, medical records, photos or videos of the device, correspondence with the manufacturer or healthcare providers, and any other pertinent documentation. 
  • Determine eligibility: Your CPAP lawyer will assess your case against court criteria and specific circumstances, considering factors such as using a recalled Philips CPAP, BiPAP, or ventilator device, developing health issues due to the faulty device, and meeting jurisdictional requirements. 
  • File a complaint: Your Philips CPAP lawsuit attorney will file a formal complaint in court on your behalf, detailing your case’s specifics and the damages you seek. 
  • Discovery and negotiation: Both parties exchange evidence during the discovery phase. Your CPAP lawyer will negotiate with the defendant’s legal team to seek a Philips CPAP settlement or prepare for trial. 
  • Philips CPAP settlement or trial: If a settlement is reached, you’ll receive compensation for your injuries and losses. Alternatively, if the case proceeds to trial, a jury will decide based on the evidence presented. 
  • Distribution of settlement funds: In case of a Philips CPAP settlement, funds will be distributed to eligible claimants as per the established point system outlined in the settlement agreement. This distribution process is expected to occur in 2025.

Keep in mind that the specific steps and timeline may vary based on court instructions and case complexity. 

Statute of Limitations for Filing a CPAP Lawsuit

The statute of limitations for filing a CPAP lawsuit varies by state. Typically, it falls between two and four years from either the date of product use or the onset of symptoms.

Eligibility for Philips CPAP Machine Lawsuit

 If you’ve developed any CPAP lawsuit cancer affecting the head, neck, or respiratory system, or experienced respiratory conditions and injuries after using a recalled Philips CPAP machine, BiPAP machine, or mechanical ventilator, you may be eligible for compensation and qualify for a CPAP lawsuit. To be eligible, you must meet the following criteria:

  • Used a qualifying product. 
  • Age 75 or below at the time of diagnosis. 
  • Cases with a three-year statute of limitations, limited to states with four years and beyond. 
  • Death occurred within two years of the signup date. 
  • Device usage between 2007 and April 25, 2021. 
  • Diagnosed with a qualifying injury. 
  • Injury diagnosis must be within 10 years of the last usage date. 
  • Injury diagnosis occurred after at least one year of device usage. 
  • Non-smoker during the device usage period. 
  • Not a smoker for at least 25 years.

Understanding How Liability Law Applies to CPAP Cases

Liability law plays a crucial role in CPAP cases, determining legal options for those harmed by faulty devices. Patients impacted by CPAP machine defects can pursue legal action based on three key legal theories:

  • Design defect: If a CPAP machine’s design renders it ineffective or unsafe, patients may have grounds for a Philips CPAP lawsuit. Issues such as inadequate ventilation or faulty pressure regulation can constitute design defects. 
  • Failure to warn: Manufacturers are obligated to warn users about potential risks and provide proper usage instructions. Failure to do so can lead to liability for resulting injuries. 
  • Manufacturing defect: Even if a CPAP machine has a sound design, manufacturing defects can still pose dangers. These defects may stem from assembly errors or the use of inferior materials.

Compensation Recoverable in a Philips CPAP Lawsuit

If you used any of the Philips CPAP machines and suffered lung damage or cancer, Ethen Ostroff Law will pursue the following compensation for you:

  • Past and future medical expenses incurred to treat your injuries. 
  • Past and future pain and suffering resulting from your injuries, including physical and mental anguish. 
  • Punitive damages, if deemed appropriate. 
  • Wage loss if you experienced any. 
  • Other economic losses resulting from your injuries.

What Ethen Ostroff Law Offers

The Philips CPAP recall may have shaken the sleep therapy world, but justice is on the way. With lawsuits looming and settlements in sight, affected users have reason to hope for resolution. At Ethen Ostroff Law, we specialize in personal injury cases involving defective medical devices like CPAP and BiPAP machines. We’re here to help you get the compensation you deserve if you’ve been affected by the recalled devices and suffered harm. Our team will advocate for your rights and hold Philips accountable for their negligence in court.

Frequently Asked Questions About CPAP Lawsuits

To join the Philips class action lawsuit, here’s what you should do:

  • Research law firms: Find law firms specializing in product liability or medical device lawsuits, as they often handle class action cases. Choose a reputable firm with a track record of success in similar lawsuits. 
  • Contact a CPAP lawyer: Reach out to the law firm and express your interest in joining the class action against Philips. They’ll assess your eligibility and guide you through the process. 
  • Provide information: Give details about your use of Philips CPAP machines or other affected devices, any health issues you’ve had, and relevant documentation. 
  • Stay informed: Keep in touch with your Philips CPAP lawsuit attorney and stay updated on the lawsuit’s progress.  
  • Follow legal proceedings: If the Philips CPAP lawsuit goes to court, follow the proceedings and cooperate with your CPAP lawyer.

Individuals diagnosed with cancers affecting the head, neck, or respiratory system, or those who have suffered respiratory conditions or injuries from using these devices, may qualify to pursue legal action. Consulting with a qualified Philips CPAP lawsuit attorney is essential to determine eligibility and explore legal options.

The amount you may receive from a Philips CPAP settlement depends on factors such as the severity of your injuries, the duration of CPAP device usage, and the strength of the scientific link between your health issues and the device.

The status of the Philips CPAP lawsuit is ongoing. The latest CPAP lawsuit update highlights a major milestone: a $1.1 billion global settlement unveiled in April 2024, targeting personal injury and wrongful death claims linked to Philips CPAP machines. This settlement is separate from the class-action lawsuit for economic damages, settled for $479 million in September 2023. The MDL for personal injury and wrongful death claims remains active, with over 787 active cases as of May 2024.

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