Latest Philips CPAP Lawsuit Updates
As of Nov. 16, 2023, Philips faced 742 active CPAP lawsuits as part of multidistrict litigation Judge Joy Flowers Conti of the U.S. District Court for Western Pennsylvania is overseeing. Court filings indicate that early cases from MDL 3014 could head to trial as early as 2024.
- October 2023: The court approves an order and timeline for filing Modified Plaintiff Fact Sheets in MDL 3014.
- September 2023: Philips agrees to a $479 million settlement for economic damages filed in CPAP class-action lawsuits.
- June 2023: The FDA reports receiving more than 105,000 complaints about Philips CPAP medical devices and 385 reports of PE-PUR foam-related deaths.
- May 2023: Judge Conti extends the deadline for filing remand motions from April to August 2023 and extends response deadlines until October 2023.
- January 2023: Plaintiffs and defendants present preliminary potential schedules for bellwether trials with dates in 2024 and 2025-2026, respectively.
According to an April 2023 report accompanying Philips Respironics’ quarterly earnings report, Philips recorded a $615 million provision to cover the economic loss of class-action legal claims. This amount was sufficient to cover the approved $479 million settlement.
Why Are People Filing CPAP Lawsuits?
Hundreds of people who used a recalled Philips CPAP, BiPAP or mechanical ventilator device filed lawsuits against the company seeking economic damages and compensation for injuries including cancer and respiratory issues.
Philips recalled the affected devices in June 2021 because the PE-PUR polyurethane foam used for sound abatement may break down in certain environments. Once degraded, the foam can release tiny particles and gases that can cause serious health complications when inhaled or swallowed, such as cancer, inflammatory disease and severe respiratory illnesses.
Current CPAP lawsuits claim that defective machine design made these devices more dangerous than other CPAP machines on the market. Flaws exposed users to unnecessary risks and amplified the chances of developing serious health conditions. Of the recalled devices, 80% are CPAP machines used to treat sleep apnea and 20% are ventilators.
People injured after using a recalled Philips CPAP device can seek compensation through a CPAP lawsuit. Current MDL claims include compensation amounts for current and future medical care, lost wages and future income, pain and suffering, and other damages.
Symptoms Linked to Recalled CPAP Machines
Patients using recalled Philips CPAP machines and ventilators report symptoms that include chemical poisoning, respiratory illnesses and severe airway inflammation. These symptoms are directly tied to inhaling toxic gases and particles from degraded sound abatement foam.
The foam used in Philips recalled devices contains a host of potentially harmful chemicals, including diethylene glycol, dimethyl diazene, phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl), toluene diamine and toluene diisocyanate. When the foam breaks down from exposure to high heat and humidity, users inhale these chemical fumes.
- Airway inflammation and irritation
- Carcinogenic effects
- Chest pressure
- Coughing, difficulty breathing or asthma
- Generalized inflammation
- Organ damage
- Respiratory and sinus infections
- Skin, eye and respiratory tract irritation
In addition to initial symptoms, many people also develop health complications over time, with several types of cancer linked to exposure to PE-PUR foam. Philips released a statement to physicians in June 2021 acknowledging the potential of serious impacts on patients’ health, including temporary, life-threatening or permanently impairing injuries and complications.
Patients should not confuse symptoms of chemical exposure related to PE-PUR foam with normal CPAP side effects. People experiencing side effects may choose to speak with a doctor about CPAP alternatives.
Who Can File a Philips CPAP Lawsuit?
People injured as a result of using a recalled Philips CPAP device may file a CPAP lawsuit to recover damages. Injuries vary between patients, but current cases focus on respiratory illnesses, certain types of cancers and inflammatory diseases.
- Acute respiratory distress system
- Bladder cancer
- Brain cancer
- Chemical poisoning
- Hematopoietic cancer
- Inflammation of the ear, nose or throat
- Kidney cancer, damage or disease
- Liver cancer, damage or disease
- Lung cancer, damage or disease
- Lymphatic cancer
- Multiple myeloma
- Nasal cancer
- Non-Hodgkin lymphoma
- Papillary carcinoma
- Pleural effusion
- Reactive airway disease
- Rectal cancer
- Respiratory failure
- Stomach cancer
- Testicular cancer
- Thyroid cancer
Patients presenting with one or more symptoms of chemical poisoning from PE-PUR foam may choose to file an injury claim against Philips. The statute of limitations for such claims varies between states but is typically between two and four years from either product use or the onset of symptoms. People who used a recalled Philips CPAP device should consult an experienced attorney immediately to discuss possible options.
How Can I File a Philips CPAP Lawsuit?
Your attorney will help you file a Philips CPAP lawsuit using a form specific to the MDL. The process requires that you gather medical information about injuries sustained from the CPAP device, financial consequences from the injuries, and documentation of past, current and future medical care needed to treat them.
- Speak with an injury attorney with documented success in medical device and MDL cases.
- Gather receipts, medical records and case notes from physicians.
- Provide the necessary information to your attorney to complete the required MDL forms.
- Your attorney will handle the discovery portion of your case and possibly negotiate a settlement.
Requesting a free case review from a knowledgeable attorney with experience filing medical device and multidistrict litigation personal injury claims is often the first step in filing a CPAP lawsuit. This provides you an opportunity to discuss your case with a qualified professional and get an unbiased opinion about your next steps.
Philips CPAP Lawsuit Settlements and Verdicts
As of October 2023, the Philips CPAP lawsuits in multidistrict litigation are ongoing and there have been no settlements or jury verdicts. An Oct. 3 court order U.S. District Court for the Western District of Pennsylvania issued directed the filing of plaintiff Fact Sheets within 60 days of the order (for previously filed claims) and within 45 days of filing a short-form complaint for new cases. Trials for the covered injury cases could begin as early as 2024.
Numerous plaintiffs brought a previous class-action case against Philips in the months after the initial recall. Philips and the plaintiffs reached a class-action lawsuit settlement in September 2023 totalling $479 million. Payments of between $50 and $1,500 dollars per consumer could begin in the first quarter of 2024. The class-action settlement did not address or resolve personal injury claims covered in the MDL.
7 Cited Research Articles
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- U.S. District Court for the Western District of Pennsylvania. (2023, October 10). In re Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Litigation. Order Preliminarily Approving Proposed Class Settlement Agreement and Release of Economic Loss Claims. Retrieved from https://www.pawd.uscourts.gov/sites/pawd/files/3014_Order_2287.pdf
- U.S. District Court for the Western District of Pennsylvania. (2023, October 3). In Re: Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Litigation. Pretrial Order No. 26(b) Modifying Fact Sheet Implementation Order. Retrieved from https://www.pawd.uscourts.gov/sites/pawd/files/3014_Pretrial_Order_26b.pdf
- Wang, Y. & Xiao, Y. (2023, October). Potential health risks of sound abatement material in positive airway pressure devices for sleep breathing disorders: a summary of studies to date. Retrieved from https://doi.org/10.1007/s11325-022-02763-3
- United States Judicial Panel on Multidistrict Litigation. (2023, September 15). MDL Statistics Report - Distribution of Pending MDL Dockets by Actions Pending. Retrieved from https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-September-15-2023.pdf
- Philips. (2023, September 7). Philips reaches resolution of US economic loss litigation. Retrieved from https://www.philips.com/a-w/about/news/archive/standard/news/press/2023/20230907-philips-reaches-resolution-of-us-economic-loss-litigation.html
- Philips. (2023, April 23). Philips' First-Quarter Results 2023. Retrieved from https://www.philips.com/a-w/about/news/archive/corpcomms/news/press/2023/philips-first-quarter-results-2023.html
- Philips. (2021, June 14). Sleep and Respiratory Care update: Clinical information for physicians. Retrieved from https://www.philips.com/c-dam/b2bhc/master/landing-pages/src/update/documents/philips-recall-clinical-information-for-physicians-and-providers.pdf