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Philips CPAP Recall Lawsuit [2024]: Were You (or a Loved One) Injured After Using A Recalled Philips C-PAP or Bi-PAP Breathing Machine or Ventilator?

Philips CPAP Lawsuit cases settlement claims BiPAP Ventilator Breathing Machine

If you or a loved one were injured after using a recalled Philips C-PAP or Bi-PAP breathing machine or mechanical ventilator with PE-PUR sound abatement foam, you may be entitled to compensation from a Philips CPAP recall lawsuit case or settlement claim.

A team of medical device injury lawyers and class action attorneys is investigating potential lawsuit and settlement cases of individuals who claim to have been injured after using recalled Philips C-PAP or Bi-PAP breathing machines or mechanical ventilator devices that contain polyester-based polyurethane (PE-PUR) sound abatement foam.

In June 2021, the FDA published a statement alerting the public that Philips issued a recall for certain CPAP, BiPAP, and mechanical ventilator machines to address potential health risks affecting potentially millions of patients related to the polyester-based polyurethane PE-PUR sound abatement foam component in the devices.

According to the FDA recall notice, the PE-PUR foam can degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user and/or can also off-gas potentially toxic or carcinogenic chemicals, which could potentially result in serious injury which can be life-threatening, cause permanent impairment, and/or require medical intervention to prevent permanent damage.

Philips C-PAP, Bi-PAP & Mechanical Ventilator Recall Lawsuit Cases & Settlement Claims

The Philips C-PAP, Bi-PAP and mechanical ventilator recall lawsuit and settlement cases potentially being investigated include claims of individuals who used recalled Philips CPAP or BiPAP breathing machines or mechanical ventilator devices and suffered serious injuries or complications including, among others, the following types of injuries:

Philips BiPAP, CPAP and ventilator injury lawsuits filed in federal district courts have been consolidated and/or transferred into a multi district litigation or MDL for coordinated pretrial proceedings, styled as In re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation, MDL Case No. 3014, United States District Court for the Western District of Pennsylvania (Judge Joy Flowers Conti).

The Philips CPAP lawsuit complaints assert claims for, among other things, alleged negligence, strict liability (design defect), neligent design, strict liability (failure to warn), negligent failure to warn, negligent recall, strict liability (manufacturing defect), and/or wrongful death.

The CPAP lawsuits seek, among other things, compensatory damages for pain and suffering, emotional distress damages, medical expenses, loss of wages and wage earning capacity, loss of consortium, statutory damages, punitive damages, pre-judgment and post-judgment interest and an award of attorneys’ fees and costs.

CPAP Lawsuit Cases and Settlement Claims

Recalled Philips C-PAP & BiPAP Breathing Machines & Ventilators With PE-PUR Sound Abatement Foam

Philips C-PAP, Bi-PAP and mechanical ventilator recall lawsuit and settlement cases potentially being investigated include lawsuit claims relating to the following recalled CPAP, BiPAP and ventilator machines that may contain polyester-based polyurethane (PE-PUR) foam:

Philips CPAP Recall Lawsuit
CPAP BiPAP Injury Lawsuit Cases

The recalled CPAP, BiPAP and mechanical ventilators at issue in the lawsuits were manufactured and/or sold by Koninklijke Philips N.V. (“Royal Philips”), Philips North America LLC, and/or Philips RS North America LLC (formerly Respironics, Inc.).

Philips CPAP Lawsuit & Settlement Updates

Recent updates about Philips CPAP lawsuits and settlements include:

  • November 2023: On November 21, 2023 the Court issued a scheduling order setting or revising certain deadlines for the CPAP personal injury cases, including a deadline of February 16, 2024 for the Settlement Mediator (Welsh) to report to Court on status of settlement mediations of CPAP personal injury claims, a deadline of April 30, 2024 for the conclusion of general causation fact discovery, deadlines in May and July of 2024 for certain expert disclosures, a deadline of August 30, 2024 for the parties to submit proposals for selection of bellwether personal injury cases for trial, a deadline of October 30, 2024 to complete certain expert depositions, and deadlines in late 2024 and early 2025 to file briefs and hear arguments regarding any Daubert motions to exclude experts.
  • September 2023: On September 7, 2023 it was announced that Philips agreed to a proposed $479 million dollar settlement of the “economic loss” claims asserted in the CPAP class action lawsuit that was filed on behalf of CPAP users and payers of recalled Philips CPAPs, BiPAPs, and ventilator devices. This partial settlement does not address or resolve personal injury, wrongful death or medical monitoring claims asserted in the CPAP litigation. It only addresses economic loss claims such as the amounts paid to buy, rent, or lease the recalled CPAP machines, amounts spent to replace the recalled CPAP devices, amounts paid to reimburse users for payments made to buy, lease, rent recalled CPAP machines and the loss incurred by users who returned their CPAP devices.
Philips CPAP Class Action Settlement Details
  • Under the proposed Class Action Settlement, the Philips Defendants will pay a minimum of $479 million into two Settlement Funds: $445,000,000 into a “User Settlement Fund” for Device Payment Awards (i.e., compensation to Eligible Users for payments made to purchase, rent, or lease a Recalled Device) and Device Return Awards to Eligible Users (i.e., compensation to Eligible Users for returning a Recalled Device to Philips RS) and $34,000,000 into a “Payer Settlement Fund” for Payer Awards to Eligible Payers (i.e., compensation to Eligible Payers for reimbursing, in whole or in part, Users for payments made to purchase, lease, rent or otherwise pay for a Recalled Device). The Philips Defendants also agreed to pay up to $15,000,000 for Device Replacement Awards to Eligible Users (i.e., compensation to Eligible Users for money spent out-of-pocket to replace their Recalled Devices on or after the Recall was announced on June 14, 2021 and prior to September 7, 2023).
  • As set forth in the settlement briefing papers, if the settlement is approved by the Court: Eligible Users will receive Device Return Awards of $100 for each Recalled Device they return to Philips RS, and they will also receive Device Payment Awards ranging from $55.63 to $1,552.25 per Recalled Device, depending on the Recalled Device at issue. Eligible Users who paid out of pocket for a comparable Replacement Device will receive Device Replacement Awards, which amounts will be based on the amount actually paid by the User. In addition, Users may be eligible for extended warranties on certain Remanufactured Devices (i.e., the repaired, refurbished or new devices that Philips Respironics provided to Users under its recall programs with the FDA).
  • On October 10, 2023 the Court preliminarily approved the CPAP economic loss settlement.
  • On December 11, 2023 the claim filing period opened in the Philips CPAP class action settlement. Class members can visit the Respironics CPAP EL settlement website at https://www.respironicscpap-elsettlement.com/ for more information about the settlement and to submit claims. The deadline to file a claim for economic damages in the CPAP class action lawsuit is August 9, 2024.

  • February 2023: On February 21, 2023 the Court issued an Amended Pretrial Order governing personal injury claims relating to the use of one or more of the CPAP, Bi-Level PAP, or mechanical ventilators devices that were recalled by Philips.
Older Philips CPAP Lawsuit & Settlement Updates
  • October 2022: On October 24, 2022 Plaintiffs in the CPAP lawsuit filed their Amended Master Long Form Complaint for Personal Injuries and Damages.
  • September 2022: The Court in the CPAP litigation issued a scheduling order setting forth deadlines for the filing of amended class and master complaints, answers, and motions to dismiss.
  • August 2022: On August 22, 2022 Plaintiffs filed their Master Personal Injury Complaint.
  • October 2021: On October 10, 2021 the United States Judicial Panel on Multidistrict Litigation entered a Transfer Order transferring certain Philips CPAP lawsuits pending in various federal courts to the Honorable Joy Flowers Conti in the Western District of Pennsylvania for coordinated or consolidated pretrial proceedings.

Time Is Limited To File A CPAP Lawsuit

Deadlines known as statutes of limitation and statutes of repose may limit the amount of time that individuals have to file a CPAP lawsuit to try to recover compensation for injuries they claim to have suffered (such as cancer, liver damage and respiratory illnesses such as COPD, fibrosis, asthma, pneumoconiosis, sarcoidosis, pneumonia and other lung conditions) after using a recalled Philips C-PAP machine.

This means that if a CPAP lawsuit claim is not filed before the applicable deadline or time limit, the injured party may be prohibited from ever pursuing litigation or taking legal action regarding their CPAP injury claim. That is why it is important to connect with a CPAP injury attorney or lawyer as soon as possible.

If you or someone you love used a recalled Philips C-PAP or Bi-PAP breathing machine or Philips mechanical ventilator device and were diagnosed with or suffered from a liver injury, lung injury or cancer, you may be entitled to recover compensation from a Philips CPAP recall lawsuit case or settlement claim. Contact a medical device injury lawyer to request a free case review.

*If you or a loved one are experiencing health issues, side effects or complications from a medical device or healthcare product, we urge you to promptly consult with your doctor or physician for an evaluation.

**The listing of a company (e.g., Koninklijke Philips N.V. or Royal Philips, Philips North America LLC, or Philips RS North America LLC) or product (e.g., Philips C-PAP, Philips Bi-PAP, etc.) is not meant to state or imply that the company acted illegally or improperly or that the product is unsafe or defective; rather only that an investigation may be, is or was being conducted to determine whether legal rights have been violated.

***The use of any trademarks, tradenames or service marks is solely for product identification and/or informational purposes.

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