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Philips CPAP Lawsuit [2026 Update] | Philips CPAP Recall Lawsuit

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Key Takeaways

  • TorHoerman Law is NOT Accepting Clients for the Philips CPAP Lawsuit.

Philips CPAP Lawsuit Overview

We are No Longer Accepting New Philips CPAP Lawsuit Clients.

Recalled CPAP Machines Linked to Cancer and Other Health Problems

Sleep apnea machines, including ventilators, BiPAP, and CPAP machines, are designed to provide a continuous stream of air to help individuals with sleep apnea breathe more easily during sleep.

Defects in Philips sleep apnea devices, specifically the degradation of PE-PUR sound abatement foam, have been linked to serious injuries, including various forms of cancer due to inhalation or ingestion of toxic particles.

Polyester-based polyurethane (PE-PUR) sound abatement foam in recalled Philips CPAP machines can degrade, potentially leading to the development of lung cancer and other serious health conditions.

In response to these health risks, the US Food and Drug Administration (FDA) facilitated a massive CPAP recall of millions of Philips devices in 2021.

Lawsuits have been filed on behalf of people harmed by the recalled Philips CPAP devices, seeking compensation for the victims’ suffering, medical expenses, and other related damages.

Philips CPAP Lawsuit; Philips CPAP Recall Lawsuit; Philips CPAP Cancer Lawsuit

Injuries and health conditions linked to Philips sleep apnea machines can drastically impact a person’s life.

Lawsuits were filed against Philips for failing to adequately warn users about the potential risks associated with the PE-PUR sound abatement foam in their devices and not taking sufficient actions to rectify the issue once it was identified.

ATTENTION

TorHoerman Law is no longer accepting clients for this litigation.

Philips CPAP Lawsuit; Philips CPAP Recall Lawsuit; Philips CPAP Cancer Lawsuit

Philips CPAP Lawsuit Updates Timeline

April 29th, 2024: The Philips CPAP Lawsuit is ongoing.

Philips has agreed to a $1.1 billion settlement to resolve personal injury claims over its DreamStation sleep apnea devices.

Pending court approval, the settlement will resolve both the ongoing personal injury litigation and medical monitoring class action related to the devices, which Philips Respironics, a subsidiary, had previously recalled.

Earlier this year, the company said it would halt new sales of the machines in the United States following a series of recalls of the devices made by subsidiary Philips Respironics.

Our law firm is no longer accepting clients for the Philips CPAP Lawsuit. 

April 9th, 2024: Court Approves Consent Decree Restricting Philips Respironics Operations

Today, the U.S. District Court for the Western District of Pennsylvania approved a consent decree against Philips Respironics, restricting the company’s operations following the recall of CPAP and BiPAP machines.

The decree mandates that Philips halt the production and sale of new respiratory therapy devices at certain U.S. facilities until compliance with federal safety standards are met.

Philips Respironics, along with Respironics California LLC and Philips Holding USA Inc., faces allegations from the Department of Justice, asserting violations of the Federal Food, Drug, and Cosmetic Act (FD&C Act).

The complaint details that these violations involve the manufacturing of devices not up to good manufacturing practices, particularly regarding the PE-PUR foam used for sound abatement in CPAP and BiPAP machines, which can degrade and potentially cause harm to consumers.

The foam degradation could lead to the inhalation or ingestion of harmful particles or chemicals by the device user, prompting urgent FDA warnings and a substantial recall alert.

The consent decree includes several crucial measures:

  1. Philips Respironics is to implement a detailed Recall Remediation Plan, pre-approved by the FDA, to manage the repair, replacement, or refund of the affected devices.
  1. Production and distribution of devices will remain suspended at the implicated facilities until the FDA confirms Philips Respironics’ adherence to all required safety and manufacturing standards.
  1. The decree specifies that manufacturing of devices deemed “medically necessary” may continue under strict regulatory oversight to ensure immediate patient needs are met without compromising safety.

This decree not only seeks to rectify the current compliance failures by Philips Respironics but also aims to establish rigorous safeguards to prevent future violations.

The decree is a significant enforcement action by federal authorities to protect public health and ensure the integrity of medical devices on the market.

April 1st, 2024: The Philips CPAP lawsuit, involving allegations of defective devices posing health risks, remains active.

The Judicial Panel on Multidistrict Litigation (JPML) recently reported a slight increase in the total number of lawsuits filed against Philips, with 762 cases now pending consolidation in the multidistrict litigation (MDL).

The Philips CPAP Lawsuits center around claims that the foam used in these devices can deteriorate, potentially releasing harmful particles entering into users’ lungs.

Plaintiffs argue this defect increases the risk of cancer, respiratory problems, and other serious health issues.

More and more lawsuits are being filed against Philips for defective CPAP, BiPAP, and Ventilator devices, and a settlement has not been reached with the company.

In June 2021, Philips recalled up to 15 million CPAP devices manufactured and distributed to consumers between 2009 and 2021.

Since then, hundreds of people have come forward with complaints about health issues potentially linked to these devices.

March 26th, 2024: The Philips CPAP Lawsuit is ongoing.

Concerns over health issues arising from Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) machines extend beyond Philips’ CPAP devices.

Sleepnet, a manufacturer of CPAP and BiPAP machines, has recalled a number of its devices due to potential health hazards.

The products malfunction when magnets are brought into close proximity to the mask, interfering with the performance.

This interference with the performance and position of the device can potentially result in serious injury or death.

The affected Sleepnet CPAP and BiPAP products include:

  • Mojo Full Face Vented Mask
  • Mojo Full Face Non-Vented Mask
  • Mjoj 2 Full Face Vented Mask
  • Mojo 2 Full Face Non-Vented Mask
  • Mojo 2 Full Face AAV Non-Vented Mask
  • IQ 2 Nasal Mask,
  • Phantom 2 Nasal Mask

Philips, another CPAP device maker, is still facing lawsuits over its similar devices.

The lawsuit alleges that Philips’ CPAP and BiPAP machines, used by patients suffering from sleep apnea, may increase the risk of cancer.

Individuals have claimed that dangerous levels of volatile organic compounds (VOCs) and other toxic particles are being released during the use of these devices, leading to severe health issues including cancer.

Turning the focus back to Sleepnet’s recall, it is crucial to understand that the safety concerns involving Sleepnet are separate and distinct from those associated with Philips’ devices.

The exact nature of the potential health hazards related to Sleepnet’s recall has not been fully disclosed.

In light of these recalls, users of CPAP and BiPAP machines are advised to check the recall status of their devices and to consult with their healthcare providers for alternative treatment options if necessary.

Those who have used Philips’ CPAP or BiPAP machines and have subsequently experienced health issues, including cancer, should seek guidance.

If you or someone you know has been negatively affected by any CPAP or BiPAP machine, call TorHoerman Law today for a free consultation. 

You can also utilize the ChatBot on this page for immediate feedback.

March 7th, 2024: The Philips CPAP Lawsuit is ongoing.

A total of 748 Philips CPAP Lawsuits are pending consolidation according to the most recent JPML filings.

This is a decrease from the previous months total of 760 lawsuits consolidated in the multidistrict litigation (MDL).

Multidistrict Litigations (MDLs) are legal procedures in the United States designed to handle multiple related civil lawsuits that involve similar issues, facts, or defendants.

Allegations raised in the lawsuits include claims that the abatement foam within the devices can degrade and release particles into the lungs, leading to an increased risk of cancer, respiratory issues, and other health problems.

Philips CPAP Lawsuits seek compensation for damages including medical expenses, pain and suffering, lost wages, and, in some cases, punitive damages.

Despite the slight decrease in lawsuits, the number of cases in the MDL remains high, suggesting continued legal challenges for Philips as it faces allegations of product liability and potential damages to patients using these devices.

If you or a loved one has been affected by the Philips CPAP machine, call today for a free consultation 

You can also use the chatbot on this page for immediate feedback. 

February 15th, 2024: Philips Submitted 30 Device Reports on PE-PUR Foam Breakdown Over a Decade

Medical manufacturers, including Philips, are mandated by law to present medical device reports (MDRs) when they identify incidents suggesting their devices might have instigated or contributed to severe injuries or fatalities.

Between 2011 and April 2021, Philips submitted 30 MDRs related to the PE-PUR foam breakdown in their CPAP, BiPAP machines, and ventilators.

PE-PUr foam breakdown refers to the process where the polyester-based polyurethane foam used in medical devices deteriorates, potentially releasing particles or chemicals that could be inhaled or swallowed by the user.

However, no patient injuries or deaths were reported within these MDRs.

Philips initiated communication with the FDA about intended corrective action in April 2021 due to foam deterioration concerns.

From April 2021 to September 2023, the FDA received over 116,000 MDRs, including 561 reports of death, associated with the PE-PUR foam breakdown.

Specifically, in 2023, the FDA received more than 17,000 MDRs for Philips CPAP and BiPAP devices, with 187 deaths reported within these MDRs. 

The injuries recorded in these MDRs varied greatly ranging from cancer, pneumonia, headaches, coughs, to dyspnea (difficulty breathing), nodules, and chest pain.

In an effort to manage the situation, Philips Respironics has agreed to cease U.S. sales of their ventilators and CPAP breathing machines, pending a settlement with the FDA, according to a filing with the Securities and Exchange Commission.

Philips will continue servicing the machines already in use but will halt new sales until specific conditions are met.

The company has established a provision of approximately $392 million in anticipation of claims, remediation, and other associated costs in 2024.

This decision follows a voluntary recall initiated by Philips in June 2021 of certain ventilators due to concerns about the polyester-based foam.

Ingestion or inhalation of the deteriorated PE-PUR foam could lead to various health risks, including respiratory issues such as coughing, difficult breathing, or asthma, as well as other conditions like headaches, dizziness, and chest pain.

In severe cases, it could also contribute to more serious health problems like cancer or pneumonia.

Despite Philips’ assertion that the particulate matter levels released into users’ airways were within safety limits, the FDA expressed dissatisfaction with Philips’ testing and analysis and remained concerned about the risks posed to users from the recalled devices.

Should you or a family member have used a recalled Philips CPAP machine and developed cancer or sustained other injuries, you can seek justice now through the Philips CPAP Recall Lawsuit.

Reach out to TorHoerman Law for a complimentary consultation. 

Utilize the chatbot on this page for immediate assessment of your eligibility for a Philips CPAP Lawsuit. 

February 5th, 2024: The Philips CPAP Litigation is ongoing and our lawyers are still accepting more cases.

Currently, there are a total of 760 Philips CPAP Lawsuits consolidated into MDL according to the most recent JPML filings.

Multi-District Litigations (MDLs) are legal procedures in the United States designed to handle multiple related civil lawsuits that involve similar issues, facts, or defendants.

When numerous individuals or entities file lawsuits related to a common set of circumstances, such as product liability, pharmaceuticals, or mass tort cases, these cases can be consolidated into a single federal district court for pretrial proceedings.

MDLs aim to streamline the litigation process by centralizing the discovery process, reducing duplication of efforts, and ensuring consistent rulings on key legal issues.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

January 31st, 2024: Philips Halts U.S. Sleep Apnea Device Sales Under FDA Settlement

Dutch health technology company Philips has announced that it will not sell new devices to treat sleep apnea in the U.S. for the foreseeable future as it works to comply with a settlement with the Food and Drug Administration (FDA).

This settlement came after the recall of millions of breathing devices and ventilators used to treat sleep apnea in 2021 due to concerns about toxic foam.

Philips stated that they have reached a consent decree outlining the improvements needed at their Respironics plants in the U.S., and until these conditions are met, no new Respironics devices will be sold in the U.S.

Philips’ shares declined by 8.3% following the announcement, and analysts believe it will be challenging for Philips to recover its U.S. market position.

The consent decree’s specific conditions and timeline for approval are yet to be determined, but the company anticipates the costs to be about 1% of total revenues in 2024.

Philips still faces ongoing cases from patients affected by the recalled devices and an investigation by the U.S. Department of Justice regarding the recall’s handling.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

January 9th, 2024: Philips Countersues SoClean Over Ozone Cleaner Compatibility Claims

On January 5th, Philips filed a counter lawsuit against SoClean and its private equity owner, DWHP.

Philips alleges that SoClean had recklessly and unlawfully marketed its ozone cleaning devices as compatible with Philips’ CPAP and BiPAP devices, despite knowing that these ozone cleaners could potentially harm Philips Respironics’ devices from the inside.

This lawsuit was filed in the U.S. District Court for the Western District of Pennsylvania.

The counter lawsuit comes after SoClean issued an urgent medical device field correction in November, informing users about a hose and mask adapter to mitigate risks associated with the previous device design and labeling.

Philips claims that it has suffered significant reputational damage and economic losses due to SoClean and DWHP’s actions.

They are seeking an injunction to prevent further false advertising, trademark dilution, and deceptive trade practices under New Hampshire state law.

Philips also seeks damages.

This legal action follows SoClean’s initial lawsuit against Philips in 2021, where SoClean sought $200 million in damages, alleging that Philips had blamed SoClean’s cleaners for problems related to the recall of certain Philips respiratory devices due to foam degradation issues.

Philips has since conducted extensive testing, suggesting that ozone significantly increases the risk of foam degradation in the recalled devices.

Although it is separate from the economic loss suit, the Philips CPAP injury lawsuit is still ongoing, and our lawyers are accepting clients from all 50 states. 

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

December 1st, 2023: FDA Announces Recall of SoClean CPAP Cleaning Devices Over Ozone Risks

After years of concerns regarding potential side effects, a recall has been initiated for SoClean CPAP cleaning devices, which utilize high levels of ozone, potentially harming users’ health.

The U.S. Food and Drug Administration (FDA) announced the recall on November 21, in response to a field correction letter from the manufacturer.

The devices will not be removed from the market but will come with a new User Manual and a hose and mask adapter to reduce ozone-related health risks.

SoClean, Inc. markets these devices to sterilize and deodorize CPAP machines, commonly used to treat sleep apnea.

However, the high ozone levels used have raised health concerns.

The FDA cautioned against using ozone or UV devices to clean CPAP units without the adapter.

Consumers with underlying lung diseases should consult their healthcare provider before using the CPAP cleaning device.

Despite the recall, SoClean faces legal actions from consumers.

They allege that SoClean did not adequately warn about the high ozone levels and marketed it as “activated oxygen.”

SoClean also sued Philips in October 2021, claiming that the CPAP foam recall was an attempt to shift blame for design flaws in Philips’ sleep apnea machines.

All SoClean lawsuits have been consolidated before U.S. District Judge Joy Flowers Conti, who also oversees the Philips CPAP lawsuits.

Early trials are expected to set precedents for potential settlements in both cases, although they won’t have a binding impact on other claims.

Although it is separate from the economic loss suit, the Philips CPAP injury lawsuit is still ongoing, and our lawyers are accepting clients from all 50 states. 

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

September 11th, 2023: Philips Reaches $479 Million Settlement for CPAP Economic Loss Claims

Earlier this year, Philips set aside $615 million to help settle an influx of lawsuits related to its CPAP machines, biPAP machines, and ventilators.

On September 7th, Philips reached a deal to settle some of these cases—it must pay a baseline of $479 million to settle economic loss claims, and this number is subject to rise as the number of recalled devices increases.

The $479 million will only be used to settle economic loss claims — hundreds of injury claims and medical monitoring requests are still in ongoing legal proceedings and unaffected by this decision.

Also, the amount each individual receives from this settlement is dependent on what Philips device they filed economic loss claims for.

Although it is separate from the economic loss suit, the Philips CPAP injury lawsuit is still ongoing, and our lawyers are accepting clients from all 50 states.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

August 21st, 2023: Philips CPAP Cases Consolidated Before Judge Conti in Western Pennsylvania

The Philips CPAP Lawsuit is ongoing and our lawyers are still listening to potential clients’ stories from all 50 states. 

Due to shared questions of fact and law present in lawsuits concerning Philips CPAP devices, these cases have been consolidated under the oversight of Senior U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania.

Nearly 700 Philips CPAP Lawsuits have been consolidated into the multidistrict litigation (MDL), which aims for organized discovery and pretrial procedures.

In the process of managing this consolidated litigation, Judge Conti has instructed the involved parties to implement a bellwether approach.

This involves selecting a small number of representative claims that will be readied for potential early trials in case widespread settlements for Philips CPAP claims are not achieved.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

July 12th, 2023: Philips Challenges Medical Monitoring Claims in CPAP MDL

The ongoing multidistrict litigation involving CPAP lawsuits includes a component related to medical monitoring.

In the past two days, Philips, the defendant in these lawsuits, has challenged these claims in a federal court.

They argue that the CPAP lawsuits have not provided sufficient evidence of the plaintiffs’ exposure to the toxins in the insulating foam or the resulting injuries that would justify long-term monitoring.

The main argument put forth by Philips’ lawyers is that the “medical monitoring” complaint is based on speculation.

They contend that the complaint lacks a specific plan to monitor individuals who may have been exposed to the deteriorated sound-insulating foam in CPAP and BiPAP machines and ventilators, with the goal of detecting potential future illnesses at an early stage.

As part of a larger multidistrict litigation consolidated in Pittsburgh, the lawsuits are categorized into different groups.

These categories include claims for economic losses, personal injuries, and demands for long-term medical monitoring to anticipate potential diseases.

Koninklijke Philips NV has allocated $633.17 million as a provision, anticipating a settlement for the economic class action lawsuit in the United States related to the company’s recalled sleep apnea devices and respirators.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

May 15th, 2023: The Philips CPAP Recall Lawsuit is ongoing.

Our Philips CPAP Lawyers are available to speak with potential clients about their eligibility. 

The US Food and Drug Administration (FDA) last month warned that repaired Philips CPAP machines may still pose a risk.

The FDA recalled certain Philips CPAP machines in 2021, but has now recalled all devices that were repaired by Philips and sent back to consumers.

The CEO of Philips said in an interview that he expects the Philips CPAP Recall Lawsuits to be settled by this year.

Estimates for Philips CPAP settlement amounts range between $100,000 to $500,000 per claim.

These numbers are by no means a guarantee of financial compensation for the Philips CPAP Lawsuit, and are merely estimations based on previous mass tort cases and product liability lawsuits involving cancer.

Visit this page for more updates on the Philips CPAP Lawsuit as they become available.

If you or a loved one used a recalled Philips CPAP machine and subsequently developed cancer or other injuries, you may be eligible to file a Philips CPAP Recall Lawsuit. 

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

March 15th, 2023: Philips CPAP MDL Grows With Hundreds of Consolidated Cases

The Philips CPAP Cancer Lawsuit is ongoing and lawyers across the country are still accepting clients.

The Philips CPAP MDL is located in the Western District of Pennsylvania.

Hundreds of cases have been consolidated in the MDL, and more are expected to be included as time goes on.

If you or a loved one were injured by a recalled Philips CPAP device, you may be eligible to file a claim.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

February 15th, 2023: Updated Reports Link Nearly 350 Deaths to Recalled Philips CPAP Machines

The FDA and Philips has updated the medical device reports (MDRs) related to the CPAP machine.

In these updated reports, it has been found that nearly 350 people have died from complications linked to the Philips CPAP, and there have been over 98,000 MDRs.

These deaths and injuries have resulted from the breakdown of PE-PUR foam in the CPAP machine, leading to patients swallowing or inhaling foam and chemicals.

The Philips CPAP Lawsuit is ongoing, and our lawyers are still accepting clients.

Contact us for a free consultation or use the chatbot on this page to see if you qualify for a Philips CPAP Recall Lawsuit instantly.

October 15th, 2022: New Claim Registry Program Established in Philips CPAP MDL

The Philips CPAP Lawsuit is ongoing and lawyers across the country are still accepting clients.

Last month, a new claim registry program was established in the Philips CPAP MDL.

This allows victims and family members of victims to file a product liability claim without formally filing suit against the company.

The registry allows the court to understand the scope of potential claims against Philips and strategize how to proceed with the MDL.

Visit this page for more updates as they become available.

Reach out to TorHoerman Law for a free consultation or use the chatbot on this page to see if you qualify for a Philips CPAP Lawsuit instantly.

September 1st, 2022: Science Day Scheduled in Philips CPAP MDL

The Philips CPAP litigation is ongoing and lawyers across the country are still accepting clients.

The Science Day for the Philips CPAP multidistrict litigation (MDL 3014), which allows plaintiff’s lawyers and the defense to establish scientific evidence, is scheduled for Thursday September 1st, 2022.

The U.S. Food and Drug Administration (FDA) also updated its information and medical device reporting for the Philips CPAP and BiPAP machines in question.

The FDA report mentions the following statistics:

  • From April 2021 through April 30, 2022, the FDA received more than 21,000 MDRs, including 124 reports of death, associated with the PE-PUR foam breakdown or suspected foam breakdown.
  • From May 1, 2022, through July 31, 2022, the FDA received more than 48,000 MDRs, including 44 reports of death, associated with the PE-PUR foam breakdown or suspected foam breakdown.

These statistics from the FDA paint a troubling picture for both the company and those who have used the device.

If you or a loved one used the Philips CPAP or BiPAP machines and subsequently were or injured or killed, you may qualify for legal action.

Contact us for a free consultation or use the chatbot on this page to see if you qualify for a lawsuit instantly.

August 15th, 2022: Philips CPAP MDL Sets September Date for Science Show and Tell

The Philips CPAP Lawsuit is ongoing and lawyers across the country are still accepting cases.

The multidistrict litigation (MDL 3014) is going through pretrial discovery.

Most recently, a date for a “Science Show and Tell” has been set for September 1, 2022.

Visit this page for more updates as they become available.

July 15th, 2022: Philips CPAP MDL Surpasses 250 Consolidated Cases

The Philips CPAP litigation is ongoing and lawyers across the country are still accepting cases.

There are over 250 cases consolidated in multidistrict litigation (MDL 3014), and more added every month.

24 additional cases have been consolidated since May 2022.

Last month, the court filed an Initial Discovery Plan that established deadlines for the filing of important documents, written discovery, device inspection, fact sheets, and more.

Visit this page for more updates as they become available.

May 15th, 2022: DOJ Subpoenas Philips Over CPAP Recall

Recently, the US Department of Justice issued a subpoena to Philips regarding the CPAP recall, signaling that the government is seriously investigating the details of the recall.

Lawyers are also investigating whether even more medical conditions can be caused by the CPAP machine, such as skin cancer.

What is the Philips CPAP Lawsuit?

In June 2021, Philips Respironics initiated a recall that included an estimated 15 million ventilator, BiPAP, and CPAP devices worldwide due to safety concerns related to the breakdown of PE-PUR sound abatement foam used in these machines.

Recalled devices were manufactured between 2009 and April 26, 2021.

The Philips CPAP Lawsuit claims that PE PUR sound abatement foam in certain Philips Respironics ventilators, CPAP machines and BiPAP machines can degrade, putting users at risk for ingestion or inhalation of toxic foam.

The degradation of sound abatement foam can be accelerated by factors such as exposure to high temperatures, humidity, cleaning methods, and more.

Particles and chemicals released by the disintegrating foam pose serious health risks, including respiratory issues and chemical exposure that could lead to serious and long-term health problems.

Philips CPAP Recall Lawsuit; Philips CPAP Cancer Lawsuit

The US Food and Drug Administration (FDA) is requiring independent testing of the foam to understand the extent to which these emissions can potentially impact users.

PE PUR foam in Philips Respironics CPAP Machines may be linked to potential health risks, including:

  • Lung Cancer
  • Lung Disease
  • Liver Cancer
  • Kidney Cancer
  • Pancreatic Cancer
  • Laryngeal Cancer
  • Reactive Airway Disease (RAD)
  • Respiratory Distress Syndrome (RDS)
  • Organ damage
  • Other types of cancer

Lawsuits have been filed on behalf of consumers harmed by the recalled Philips Respironics CPAP machine, ventilators and other products.

These lawsuits have been consolidated in the Philips CPAP MDL.

If you or a loved one used a Philips CPAP Machine, BiPAP Machine, or other recalled Philips devices, you may be eligible to file a lawsuit.

Contact TorHoerman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for a Philips CPAP Lawsuit instantly.

Is There a Philips CPAP Class Action Lawsuit?

Yes, there is a Philips CPAP Class Action Lawsuit but the consumer action does not consider personal injury or wrongful death claims, which have not been resolved.

The recently settled consumer class action lawsuit is only concerned with the purchase of defective CPAP machines recalled by the company.

The Philips CPAP Class Action Lawsuit was settled for nearly $500 million, and plaintiffs may receive up to $2,000 each for their recalled CPAP devices.

Again, the Philips CPAP Recall Lawsuit for injuries and cancer is ongoing and has not yet been resolved.

The Philips CPAP Lawsuit for cancer and other injuries is consolidated into multidistrict litigation (MDL).

The Philips CPAP Recall MDL is consolidated in the US District Court for the Western District of Pennsylvania.

This federal court is handling all personal injury cases related to the Philips Sleep Apnea Machine, Philips Respironics CPAP Machines, and other recalled CPAP and BiPAP machines.

MDL centralizes individual lawsuits to one court for pre-trial proceedings, yet allows each plaintiff to retain their individual case and potentially unique outcomes based on their specific circumstances.

If you’ve developed cancer or have suffered injuries linked to a recalled CPAP machine, you may be eligible to file a CPAP Lawsuit.

Contact TorHoerman Law’s Philips CPAP Lawyers for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the Philips CPAP Lawsuit instantly.

What is the Average Philips CPAP Settlement Amount?

The Philips CPAP Recall MDL is ongoing, and there has not been a global settlement reached.

However, lawyers estimate that average Philips CPAP settlement amounts may range from $50,000 to over $500,000.

These projections are by no means a guarantee of compensation in the Philips CPAP Lawsuit.

Philips CPAP Lawsuit settlement amounts are estimations based on prior mass tort lawsuits for defective medical devices.

It is essential that you contact a lawyer for a personalized and in-depth consultation to understand the circumstances of your case.

Reach out to our Philips CPAP Lawyers for a free consultation today, or use the chatbot on this page for an instant case evaluation.

How Long Do You Have to File a Philips CPAP Machine Lawsuit?

The time frame to file a Philips CPAP machine lawsuit, known as the statute of limitations, varies by state and can range from one to several years from the date the injury was discovered or should have been discovered.

For the Philips CPAP machine recall specifically, the statute of limitations began ticking on the date the recall was announced in June 2021, which serves as a potential start date for the discovery of injuries related to the use of these devices.

It’s crucial to consult with a lawyer as soon as possible to determine the specific statute of limitations applicable in your case to ensure your lawsuit is filed within the required time frame.

Failing to file within this period may result in losing the right to seek compensation for injuries caused by the recalled CPAP machines.

Philips CPAP Recall Information

Philips, one of the leading manufacturers of CPAP, BiPAP, and ventilator devices, issued a recall in June 2021, affecting millions of its products.

The recall was due to degraded PE-PUR foam that could release black particles and toxic gases, putting users at risk of inhaling or swallowing them.

Philips announced a repair or replacement program for the recalled devices, but warned that it could take up to a year to complete.

In November 2021, the FDA found that the new foam used in replacement machines could also pose a safety risk.

Philips attributed some foam degradation to ozone cleaning machines made by SoClean, which led to the latter company suing Philips for blaming them.

In January 2022, Philips added the Trilogy Evo ventilators and repair kits to the originally recalled devices.

In September and October 2022, Philips issued additional warnings and recalls for sleep apnea machines, speficially CPAP masks with magnets that could interfere with metallic implants and contaminated plastic parts in BiPAP machines.

It is important for those who rely on Philips CPAP devices to stay informed of any updates or recalls and to seek alternative options if necessary to ensure their health and safety.

Recalled CPAP Machines: What Philips Devices Are Dangerous?

On June 14, 2021, Philips issued a voluntary recall of three types of devices.

These products all contributed to a potential increased risk of lung cancer in its users.

Recalled Philips CPAP products include:

  • Philips Bi-level Positive Airway Pressure (Bi-Level PAP)
  • Philips Continuous Positive Airway Pressure (CPAP)
  • Other mechanical ventilator devices

According to Philips’ recall announcement, recalled Philips CPAP machines include:

  • Philips Bi-level Positive Airway Pressure (Bi-Level PAP)
    • A-Series BiPAP A30
    • A-Series BiPAP A40 (ventilator)
    • A-Series BiPAP Hybrid A30
    • A-Series BiPAP V30 Auto (ventilator)
  • Philips Continuous Positive Airway Pressure (CPAP)
    • C-Series ASV (ventilator)
    • C-Series S/T and AVAPS
    • DreamStation
    • DreamStation ASV
    • DreamStation Go
    • DreamStation ST, AVAPS
    • C-Series ASV (ventilator)
    • C-Series S/T and AVAPS
    • Dorma 400
    • Dorma 500
    • OmniLab Advanced+
    • REMstar SE Auto
    • SystemOne ASV4
    • SystemOne (Q-Series)
  • Other mechanical ventilator devices
    • E30
    • Garbin Plus, Aeris, LifeVent (ventilator)

Philips also recalled certain Trilogy Evo ventilators distributed from April 15, 2021 to May 24, 2021 with specific serial numbers (Trilogy 100 and 200).

Why Were These Philips CPAP Machines Recalled?

PE PUR foam used for sound dampening in Philips CPAP devices can potentially break down and be inhaled or ingested by users.

Toxic chemical emissions may also be emanating from Philips CPAP Machines recalled by the company.

In both scenarios, all the products recalled were manufactured prior to April 26, 2021, and caused a variety of adverse health effects, including lung cancer.

1. Sound Abatement Foam (PE-PUR Foam Breakdown)

The polyester-based polyurethane (PE-PUR) sound abatement foam inside the affected/recalled devices is one of the main causes for the recall.

The PE-PUR foam inside the CPAP machines can deteriorate and particles can then travel through the machine tubes and into the lungs.

It’s likely that heat, humidity, and improper cleaning can all contribute to accelerating the deterioration of this foam.

2. Chemical Emissions

The other primary cause for the recall was the chemical emissions that contributed to the increase in lung cancer diagnosis among users.

This occurred because when newly opened, the chemicals released into the air could combine with other chemicals in the room in a process called off-gassing, and create harmful toxins.

In turn, these toxins may lead to lung cancer among other harmful side effects.

Which Devices Have Not Been Recalled?

Philips produces several products that use a different foam or may have the foam located in a different, non-threatening location.

They may also not have the same chemical emissions as Philips’s recalled products.

These machines have been deemed safe and are not included in any recall.

These machines have been deemed safe and are not included in any recall:

  • Trilogy Evo
  • Trilogy Evo OBM
  • Trilogy EV300
  • Trilogy 202
  • BiPAP A40 EFL
  • BiPAP A40 Pro
  • M-Series
  • DreamStation 2
  • Omnilab (original based on Harmony 2)
  • Dorma 100, Dorma 200, & REMStay SE
  • All oxygen concentrators, respiratory drug delivery products, airway clearance products

What Should I Do If My CPAP Was Recalled?

Users of recalled devices should contact their primary care doctor or a medical professional immediately.

Using a recalled Philips CPAP device can put users at risk for serious injury.

All users of Philips’ recalled CPAP devices should have received a CPAP safety recall notice from Philips.

It’s important that you consider your use of Philips CPAP and BiPAP devices before stopping use.

Many people use certain Philips Respironics Ventilators for vital airflow during sleep.

If you have been using BiLevel PAP And CPAP Devices, discontinue use of the device and consult with a physician.

If you are using Life-Sustaining Ventilator Devices, DO NOT stop or alter therapy until consulting with a physician.

Injuries Related To Recalled Philips CPAP Devices

Philips CPAP and BiPAP devices have been linked to serious injury and death.

The degradation of the PE-PUR sound abatement foam in these devices has been linked to a range of potential health issues, from minor irritations to serious medical conditions.

Users may experience immediate symptoms or develop long-term health problems as a result of exposure to degraded foam particles or toxic chemicals.

It’s essential for individuals who have used these recalled devices to be aware of the possible injuries and to monitor their health closely.

Possible injuries linked to the Philips Ventilators, BiPAP, and CPAP machines include:

  • Lung cancer
  • Liver cancer
  • Kidney cancer
  • Lung disease
  • Pancreatic cancer
  • Laryngeal cancer
  • Pneumonia
  • Reactive airway disease (RAD)
  • Respiratory distress syndrome (RDS)
  • Respiratory issues, such as difficulty breathing and coughing
  • Skin, eye, and throat irritations
  • Headaches and dizziness
  • Asthma exacerbation
  • Organ damage, particularly to the liver and kidneys
  • Other cancer and health risks

What Should I Do If I Suffered Injuries From A Philips CPAP Machine?

If you’ve suffered injuries from a defective Philips CPAP machine, it’s crucial to take immediate and appropriate steps to address your health concerns and legal rights.

Actionable steps to consider include:

  1. Seek Medical Attention: Consult with a healthcare professional to assess your injuries and receive the necessary treatment.
  2. Document Your Experience: Keep detailed records of your medical visits, treatments, and any symptoms or injuries you believe are related to the CPAP machine use.
  3. Report the Injury: Notify Philips Respironics and the FDA about your injury to contribute to the ongoing monitoring of product safety.
  4. Preserve Evidence: Keep the CPAP machine, any medical records, and a diary of symptoms as they may serve as critical evidence if you decide to take legal action.
  5. Consult a Lawyer: Consider speaking with an attorney who specializes in product liability or medical device lawsuits to discuss your options for seeking compensation.

Do You Qualify to File a CPAP Lawsuit?

Filing a lawsuit requires extreme attention to detail as well as a comprehensive understanding of the litigation process in order to reach your end goal.

To navigate this while suffering a major injury can be overwhelming to many.

With the help of your lawyer, you will begin one of the most important steps:

The amount of compensation you can receive from such a case as the Philips lung cancer case can fluctuate greatly, but in order to receive the maximum, it is pertinent that you gather evidence, prove injury mitigation attempts, and find a lawyer right for you.

Philips CPAP Cancer Lawsuit; Philips CPAP Lawsuit

You may be rewarded a much higher compensation if you did your best to treat an injury that was not your fault.

Gathering Evidence for Your Philips CPAP Recall Lawsuit

Evidence is important in any personal injury or product liability lawsuit, especially the Philips CPAP Lawsuit.

Gathering Evidence for Your Philips CPAP Recall Lawsuit

Evidence for Philips CPAP Lawsuits may include:

  • Medical records
  • Medical device reports
  • Information on your recalled Philips CPAP Machine
  • Notes from your doctor
  • Any other proof of Philips CPAP use and subsequent injury

If you are filing a wrongful death lawsuit on behalf of a loved one who passed away due to injuries from a recalled Philips CPAP Device, you may be eligible to receive compensation.

Compensation for a Philips CPAP Lawsuit for Wrongful Death may include:

  • Medical bills
  • Loved ones’ pain and suffering
  • Lost wages
  • Burial expenses
  • Other miscellaneous expenses

Assessing Damages in a Philips CPAP Recall Lawsuit

Damages are the total losses, economic and non-economic, incurred from using a Philips CPAP machine under recall.

Assessing Damages in a Philips CPAP Recall Lawsuit

Damages in Philips CPAP Recall Lawsuits may include:

  • Medical expenses and medical bills
  • Pain and suffering
  • Emotional damages
  • Lost wages
  • Lost earning ability
  • Permanent disability
  • Loss of consortium
  • Other compensatory and punitive damages

Frequently Asked Questions

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Tor Hoerman

Tor Hoerman has represented injured individuals for more than 30 years, with experience spanning individual personal injury cases and nationwide mass tort litigation. His work includes car accidents, catastrophic injuries, product liability claims, and other serious injury cases. Tor has served in court-appointed leadership roles in national litigation and tried cases involving major corporate defendants.

TorHoerman Law’s legal content is researched and written by our editorial team and attorneys for legal accuracy, clarity, and relevance. We rely on statutes, court records, government publications, medical research, and other authoritative sources when applicable. This page provides general legal information and does not constitute legal advice.

TorHoerman Law reviews its legal content for factual accuracy, current information, and relevant legal context before publication and as material developments occur. This article is provided for general informational purposes and does not constitute legal advice. For guidance about a specific case, contact TorHoerman Law.

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You can learn more about this topic by visiting any of our Philips CPAP Lawsuit pages listed below:

Philips CPAP Kidney Cancer Lawsuit
Philips CPAP Lawsuit Settlement Amounts & Payout Information
Philips CPAP Liver Cancer Lawsuit
Philips CPAP Lung Cancer Lawsuit
Philips CPAP Lung Injury Lawsuit
Philips CPAP Pancreatic Cancer Lawsuit
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  • A $1.1 billion settlement was reached in April 2024 to resolve personal injury claims related to the Philips CPAP machines.
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