Philips Respironics agrees to a $1.1 billion CPAP settlement

Around 15 million Philips Respironics CPAP and ventilator machines were impacted by a Class 1 recall. This class of recall is the most serious because it indicates that it’s reasonably probable that using or just being exposed to the affected products will result in serious adverse health ramifications or even deaths. Recently, the manufacturer Philips reached a $1.1 billion deal to settle claims from plaintiffs who alleged they were injured by the company’s CPAP sleep apnea machines, as well as BiPAP ventilators. Part of the settlement is expected to be allocated for medical monitoring. This settlement does not admit fault and it is not yet final; the deal was reached through a mediator and still needs to be formalized in federal court. If you were injured or a loved one died as a result of using a Philips CPAP sleep apnea machine, you should call the seasoned Chicago-based product liability lawyers of Moll Law Group to see whether you have recourse. Billions have been recovered in lawsuits with which we’ve been involved.

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The Philips CPAP machine recall occurred because thousands of CPAP users complained of suffering medical problems as a result of use. A subsequent investigation found that the polyurethane foam that had been used to muffle sound and vibration in the machine could break down, especially in a warm environment, such that the person using the device could breathe in bits of foam or chemicals from the foam, including formaldehyde and other volatile organic compounds, that they couldn’t see. That exposure could result in toxic and carcinogenic impacts. It is expected that the impacted machines will be fixed by replacing the existing foam with a silicone-based foam.

The affected Philips CPAP devices were sold between 2008-2021. More than 116,000 medical device reports had been received since April 2021, including 561 reports of death, that were suspected to be connected to the insulating foam in the machines.

The money from the settlement is intended to go to towards the expenses of who suffered significant physical injuries as a result of using the recalled CPAP device and ventilator. Around 58,000 people have filed claims for the settlement already, but payments probably won’t be made until 2025.

Philips also recently settled a class action lawsuit for damages arising out of users’ and insurers’
economic losses related to the CPAP in an amount of at least $613.3 million. The purpose of the deal is to reimburse the financial expenses of those who bought or leased the recalled machines. The settlement has already been approved in federal court.

Those who believe they own or use an affected medical device are supposed to check their serial numbers and register their product on Philips’ recall page. Users can receive a $100 award when they return a recalled device by August 9, 2024. Additionally, there’s a separate website for economic loss claims. The users in the economic loss pool of plaintiffs can also get a payment for each recalled device they rented, leased or bought, and they can also receive a device replacement award where they paid to replace a recalled device.

Product liability lawsuits may present challenges to plaintiffs who are going up against manufacturers much more wealthy and powerful than them. It’s crucial to seek knowledgeable counsel. If you or a loved one were injured by the Philips’ CPAP machine, you should consult the seasoned Chicago-based medical device lawyers of Moll Law Group to discuss your legal options. We represent injured plaintiffs and grieving families across the country. Please complete our online form or call us at 312.462.1700.