Philips CPAP Lawsuits

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.