Philips CPAP Lawsuit [2024 Update] | Philips CPAP Recall Lawsuit

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.

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:

• Gathering evidence
• Assessing damages

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.

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

A TorHoerman Philips CPAP Lawyer can help you do this.

Gathering Evidence for Your Philips CPAP Recall Lawsuit

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

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

TorHoerman Law: Your Philips CPAP Lawyers

Hiring a lawyer and filing a lawsuit can be a difficult thing to navigate, but our Philips CPAP Lawyers will do everything in our power to make it seamless and easy for you.

We can help you.

If you or a loved one experienced an injury related to a recalled Philips CPAP Machine, you may be eligible for a lawsuit.

Contact TorHoerman Law for a free consultation and to discuss your legal options today.

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