Some Philips CPAP users may be eligible to file for restitution from the Dutch medical device company as part of a class action lawsuit resolution.

Those who purchased, leased or rented Philips CPAP, BiPAP or ventilators that were part of the recall in June 2021 could be eligible for compensation. The payments are part of a $479 million settlement to compensate users for recalled Philips CPAP devices that were sold in the U.S. between 2008 and 2021. 

“This settlement ensures the millions of Americans who purchased defective Philips devices receive significant financial compensation,” the attorneys for the plaintiffs said in a statement to CBS News. 

An interactive website can help users navigate eligibility and determine benefits. The claim filing period opened on Dec. 11 and will close on Aug. 9, 2024.

What Spurred the Settlement?

Millions of Philips devices were recalled two-and-a-half years ago after users began complaining of black bits of foam in their mouths and nose. The FDA has received about 105,000 complaints, including 385 deaths, tied to the foam.

An investigation uncovered the bits were polyester-based polyurethane sound abatement foam insulation that had degraded, and sent toxic fumes and particles into users’ mouths and airways. Broken down foam could cause toxic exposure resulting in respiratory and carcinogenic effects, lawsuits claim.

Many people had to return their recalled devices and rent or purchase new Philips devices or similar ones. Others filed personal injury CPAP lawsuits against the company.

The settlement does not affect the Philips CPAP lawsuits for personal injuries or medical monitoring relief.

Which CPAP Devices are Eligible for Compensation?

Nearly 11 million Philips devices were recalled in 2021. People who purchased, leased or rented the following devices may be eligible for compensation up to $1,500 per device, according to the amended class action settlement agreement

  • System One 50 Series ASV4 (Auto SV4)
  • System One 50 Series Base
  • System One 50 Series BiPAP
  • System One 60 Series ASV4 (Auto SV4)
  • System One 60 Series Base
  • System One 60 Series BiPAP
  • C-series S/T, AVAPS (C-series and C-series HT)
  • DreamStation CPAP
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • DreamStation BiPAP
  • DreamStation Go
  • E30
  • OmniLab Advanced Plus
  • Trilogy 100/200, Garbin Plus, Aeris LifeVent
  • V30 auto

Eligible users may be entitled to a device payment award, a device return award and/or a device replacement award. To determine eligibility, Philips CPAP users can go to the settlement’s website.  

More Recent Issues with Philips CPAP Devices

Last month, the FDA warned that some Philips CPAP machines could overheat and cause a fire

The health agency reported receiving more than 270 medical device reports, or MDRs, associated with thermal issues from people using the Philips DreamStation 2 CPAP machines between Aug. 1 and Nov. 15. The agency had only received 30 such reports in the previous three years. 

Philips issued a statement about the thermal reports, citing their devices were safe so long as users followed the safety instructions in the device’s 68-page manual.

The company did not offer comment on the current settlement.