Health Risks Prompt Philips CPAP Recall
In June 2021, Philips Respironics voluntarily recalled different models of its mechanical ventilators and CPAP and BiPAP machines.
The company recalled the devices because of two problems with the polyester-based polyurethane PE-PUR foam it used to make the machines quieter:
- The foam may break down into small pieces that a user can breathe in or swallow.
- The foam can off-gas, meaning it may emit dangerous chemicals in the form of a gas.
In its recall notice, Philips said these problems “can result in serious injury which can be life-threatening” and “cause permanent impairment.” The company also said cleaning methods like ozone and ultraviolet (UV) light could worsen the foam’s breakdown.
Philips CPAP Lawsuit Update 2024
- On January 31, 2024, the U.S. Food and Drug Administration (FDA) said 561 machine-related deaths have been reported since the recall.
- The agency received over 7,000 reports about the devices from July to September 2023, including 111 reports of deaths.
- Philips announced on January 29, 2024, that it would stop selling new sleep apnea devices in the United States until a safety probe is completed.
- There are 760 cases in the Philips CPAP lawsuit multidistrict litigation (MDL) as of February 2024.
The FDA has classified the recall as a Class I recall, which is the most serious.
The agency has also noted that adverse events related to the devices may be higher than reported, as some victims may not realize that their health conditions are connected to the machines.
A Philips CPAP lawsuit allows those affected to seek compensation and hold the company responsible for causing them harm.
Get a free case review right now to see if you may be able to file a Philips CPAP machine lawsuit.
Do I Qualify for the CPAP Lawsuit?
You may be eligible to file a Philips CPAP lawsuit if you or a loved one:
- Used a Philips Respironics CPAP, BiPAP, or ventilator machine
- Suffered cancers linked to PE-PUR foam or damage to the kidneys, liver, or lungs
If your loved one passed away from an illness related to a Philips device, you may be able to file a wrongful death lawsuit on their behalf.
Financial compensation from a Philips CPAP lawsuit can help pay for medical bills, lost wages, pain and suffering, and more.
Not sure if you’re eligible? Our case managers are standing by to help you understand your legal options. Call (888) 726-9160 right now to get started.
Which Machines Were in the Philips Respironics Recall?
Philips Respironics has issued a medical device recall for different models of its breathing machines because of possible health risks.
The company recalled three types of machines that help people breathe:
- Bi-level Positive Airway Pressure (BiPAP or BPAP) machines
- Continuous Positive Airway Pressure (CPAP) machines
- Mechanical ventilators
The recall primarily affected CPAP machines, which deliver a stream of pressurized air to a mask to keep patients’ airways open during sleep.
The Philips BiPAP, CPAP, and ventilator 2024 recall list includes:
- A-Series BiPAP A30® and Hybrid A30®
- A-Series BiPAP A40®
- A-Series BiPAP V30 Auto®
- C-Series ASV®
- C-Series S/T and AVAPS®
- Dorma 400®
- Dorma 500®
- DreamStation ASV®
- DreamStation Go®
- DreamStation ST, AVAPS®
- Garbin Plus®, Aeris®, LifeVent®
- OmniLab Advanced+®
- REMstar SE Auto®
- SystemOne ASV4®
- SystemOne (Q-Series)®
- Trilogy 100®
- Trilogy 200®
If you used one of these recalled machines and later developed cancer or other health issues, you may be able to pursue compensation from a Philips CPAP machine lawsuit.
Philips CPAP Machine Lawsuit Injuries
The sound abatement foam in recalled Philips CPAP devices may break down. When foam degradation occurs, consumers may swallow or inhale the toxic foam particles, putting them at risk of respiratory problems and different types of cancer.
Health problems linked to the CPAP, BiPAP and ventilator devices include:
- Cancer (especially head, kidney, liver, neck, and lung cancer)
- Damage to or failure of the kidneys, liver, or lungs
- Stage 4 chronic obstructive pulmonary disease (COPD)
If you used a Philips sleep device and later developed one of these health issues, you may be entitled to compensation from a Philips CPAP machine lawsuit.
CPAP Machine Recall Symptoms
It can take years for cancer and other serious health conditions to develop. However, many consumers who used Philips’ recalled CPAP machines have reported more immediate health concerns.
These side effects include:
- Chest pressure
- Nausea and vomiting
- Respiratory issues
- Sinus infections
- Upper airway infections
If you used a Philips Respironics breathing device and have experienced any of the above symptoms, you should talk with your doctor to determine the best course of action for your health and safety.
Filing a Philips CPAP Machine Recall Lawsuit
A Philips CPAP lawsuit is a type of product liability lawsuit that seeks to secure compensation for injured consumers while holding Philips Respironics accountable for their wrongdoing.
The dangerous product lawyers in the LawFirm.com network can handle all aspects of a Philips CPAP lawsuit on your behalf, allowing you to focus on your health and loved ones.
The basic steps involved in a Philips CPAP machine lawsuit include:
- Contacting LawFirm.com: Our case managers will provide a free, no-obligation case review, so you can find out your eligibility and get connected with a top CPAP lawyer if you have a case.
- Collecting evidence: Your lawyer will work with a team of legal professionals to gather evidence linking your injuries to the recalled device. This may include your medical records and documents related to the machine you used.
- Filing the lawsuit: Your attorney will file your Philips CPAP lawsuit in the appropriate court before any legal deadlines. They will keep you posted as your lawsuit moves through the legal system.
- Fighting for compensation: Most medical device lawsuits end in settlements, meaning that victims often get compensation without stepping inside a courtroom. If a settlement isn’t possible, your legal team will be ready to argue your case in court and fight for maximum compensation.
Deadline to File a Philips CPAP Lawsuit
A Philips CPAP machine lawsuit must be filed before legal deadlines known as the statutes of limitations expire. Each state has its own statute of limitations for product liability cases. The deadline to file a claim is typically a few years after a diagnosis or the death of a loved one.
In CPAP injury cases, the statute of limitations may start on June 14, 2021, which is when Philips Respironics announced the recall.
However, something called the discovery rule may give some victims more time to file a lawsuit. In these cases, the clock starts running on the date on which the victim discovered or should have discovered their CPAP-related injury.
Your best course of action is to talk to a personal injury attorney as soon as possible. They can take quick action to protect your legal rights if you have a case.
Don’t delay: Get a free case review right now to see if you may be able to file a Philips CPAP lawsuit.
Factors That May Affect a Philips CPAP Settlement
As of February 2024, there have not been Philip CPAP lawsuit settlements. However, a global Philips Respironics CPAP settlement is expected later in the year. This would resolve personal injury and wrongful death cases that have been consolidated in the MDL.
That said, individual Philips CPAP lawsuit settlement amounts will likely depend on various considerations.
Factors affecting a Philips CPAP lawsuit payout may include:
- Injury sustained: CPAP users who developed cancer and other life-threatening illnesses may be entitled to a larger settlement.
- Length of use: Victims who used a sleep apnea machine for a prolonged period may receive a larger payout.
- Settlement vs verdict: While a verdict could result in more compensation, Philips CPAP lawsuit settlements are considered less risky and typically provide families with compensation more quickly.
- Wrongful death: Cases involving the wrongful death of a loved one may result in higher settlement amounts.
A personal injury lawyer may be able to give you an idea of the settlement value of your potential case and fight for the most compensation possible on your behalf.
Qualities of a Top Philips CPAP Lawsuit Attorney
It can be overwhelming to look for a lawyer to help with your Philips CPAP machine lawsuit, but LawFirm.com is here to help.
When interviewing attorneys for a CPAP lawsuit, look for one with:
- Free case reviews: Many attorneys charge a fee to listen to the facts of a case. However, top Philips CPAP lawyers provide a free case review, so there’s no financial risk to find out if you have a case.
- Nationwide representation: Attorneys who work for national law firms have key resources they can rely on to get the best results for their clients. They are also able to help CPAP victims in all 50 states.
- No upfront fees: CPAP lawyers who work on a contingency basis do not charge clients any out-of-pocket or hourly fees. Instead, they only get paid if they secure compensation for you.
- Years of experience: A lawyer with experience handling cases like yours and a long track record of success is more likely to get the results you deserve.
All of the Philips CPAP lawyers that LawFirm.com works with have these critical qualities and more. They can use their resources and skills to fight for the compensation you deserve.
Get Help Filing a Philips CPAP Machine Lawsuit
Millions of Americans relied on Philips CPAP machines to help them get a good night’s rest. They had no idea that the devices had been made using toxic materials.
A Philips CPAP lawsuit can give victims a voice and hold Philips Respironics accountable for the harm they cause while providing victims with compensation for their illnesses.
The Philips CPAP lawyers in the LawFirm.com network have recovered over $9.1 billion for victims of injustice across the country, and they never charge any upfront fees.
Philips CPAP Lawsuit FAQs
What is the CPAP lawsuit update for 2024?
As of February 2024, 760 cases are pending in the Philips CPAP lawsuit multidistrict litigation (MDL). This type of litigation is similar to a class action lawsuit and meant to speed up the resolution of a large number of claims. A settlement is expected later in the year.
Since Philips recalled millions of its sleep apnea machines in June 2021, the U.S. Food and Drug Administration’s medical device reports have linked thousands of injuries, including 561 deaths, to the CPAP and BiPAP devices.
How much will I get from CPAP lawsuit?
How much plaintiffs will receive from a Philips CPAP recall lawsuit depends on a variety of factors. For example, those who developed serious injuries like cancer and used the devices for an extended period are likely to get larger settlements.
Did the CPAP maker agree to pay?
No, Philips Respironics has not yet agreed to pay victims for CPAP injuries related to its devices. However, Phillips has said it hopes to resolve wrongful death and personal injury claims related to the devices in 2024.
When will the CPAP lawsuit be settled?
Legal experts predict that a Philips CPAP lawsuit settlement will occur in late 2024 or possibly 2025. The first trial in the CPAP MDL (multidistrict litigation) is scheduled for 2025, and oftentimes companies don’t settle mass tort lawsuits until the threat of a jury trial approaches.
That said, it’s not too late to join the MDL or file an individual Philips CPAP lawsuit if you’ve been harmed.
Is there a CPAP class action lawsuit?
A Philips CPAP class action lawsuit was filed in Massachusetts and later consolidated as multidistrict litigation (MDL) in federal court in the Western District of Pennsylvania, where Philips manufactured the faulty machines. Judge Joy Flowers Conti is overseeing the CPAP litigation.
MDLs are commonly used in complicated product liability cases. They save judicial resources and prevent conflicting rulings in a group of lawsuits that deal with similar legal issues.
How much is the CPAP lawsuit worth?
Settlement amounts will likely depend on the type of injury and other factors, but legal experts have predicted that settlements in some cancer cases could be as high as $500,000.
A product liability lawyer may be able to give you a possible range for the value of your CPAP case. See if we can connect you during a free consultation.