Philips CPAP Lawsuits

People are filing lawsuits because damaged sound abatement foam from millions of recalled Philips CPAP, BiPAP and mechanical ventilator machines could cause serious injuries, including cancer and severe respiratory and inflammatory problems.

Phillips issued a recall for these devices on June 14, 2021, because polyester-based polyurethane (PE-PUR) sound abatement foam may break down in high-temperature and humid environments. Broken-down foam can release black particles and gases that may cause health problems if inhaled or swallowed.

Most of the recalled sleep apnea devices come from Philips’ DreamStation CPAP machine line. CPAP devices make up 80% of all recalled devices, and 20% are ventilators, Philips spokesman Steve Klink told Reuters.

CPAP lawsuits claim Philips defectively designed these machines and put people at risk of serious health problems. Plaintiffs claim these devices are more dangerous than others available on the market. If you were injured as a result of using a recalled Philips device, you may file a lawsuit for compensation, including: lost wages and future income, pain and suffering, medical bills, future medical care and other damages.

According to Philips, CPAP side effects from foam particle and gas inhalation or ingestion range from mild symptoms such as headaches to serious side effects such as cancer. People may suffer from a range of inflammatory, toxic and carcinogenic effects.

As of December 31, 2022, the U.S. Food and Drug Administration reported it has received more than 98,000 medical device reports of side effects linked to devices recalled for PE-PUR foam issues. These reports include 346 deaths since April of 2021.

In September 2021, Philips announced it would repair or replace recalled machines because of the problematic foam. That process may take up to a year, according to the company. Some people may choose to ask their doctor for CPAP alternatives instead.

On June 28, 2022, Philips provided a research update regarding PE-PUR sound abatement foam testing. Preliminary results show chemical emissions from the foam aren’t expected to cause health problems, the company said. Philips also said machines cleaned with ozone cleaners were 14 times more likely to have foam degradation.

In January 2022, Philips added Trilogy Evo ventilators and repair kits to the recall list from 2021. In addition, it recalled about 1,660 BiPAP ventilators because of toxic plastic parts.

In October 2022, Philips also recalled more than 18 million magnetic CPAP and BiPAP masks because the magnets could interfere with certain metallic implants such as pacemakers, magnetic denture attachments, bone substitutes and more. The FDA classified the recall as a Class I recall, meaning using these masks could cause serious injury or death.

PE-PUR foam may cause side effects because of the chemicals in the foam. Philips conducted lab tests and found at least five toxic chemicals present in foam particles and gases released from degraded foam. Chemical gases from foam are also called volatile organic compounds, or VOCs.

The company received reports of black particles in the airway circuit of recalled machines. But even if you cannot see particles, the foam may already be releasing harmful chemicals.

Philips commented, “To date, Philips has received no reports of these types of safety issues alleged to be related to chemical emissions. But toxicological risk assessment indicates that VOCs [volatile organic compounds] levels exceed a safe exposure threshold.”

Anyone under 80 years of age who used a recalled Philips CPAP or other device and suffered health problems, especially respiratory issues and cancers, may qualify for compensation. A number of cancers are associated with VOC exposure.

There is a time limit called a statute of limitations that can range from two years to four, depending on the state. Make sure you talk to a lawyer right away to preserve your legal right to file.

Philips CPAP lawsuits are in the initial stages and lawyers are still accepting cases. There have been no trials or settlement awards yet.

More than 110 cases have been given the green light to be consolidated into a multidistrict lawsuit, or MDL. A special federal panel of seven judges, the Judicial Panel on Multidistrict Litigation, ruled that these consumer class action claims will be handled in Pittsburgh with Senior U.S. District Judge Joy Flowers Conti presiding. The panel also decided to allow the MDL to include personal injury claims.