CPAP Lawsuit | August 2023 Update

Comprehensive Guide to CPAP and BiPAP Lawsuits & Recalls

The Creation of the Philips CPAP Multi-District Litigation

If you use a Philips CPAP or BiPAP, these toxins can place you at risk of developing various lung-related illnesses, conditions, and even cancers. In light of these dangerous health risks, consumers across the country are filing CPAP lawsuits against the device manufacturers for providing a dangerous product and failing to warn about potential problems.

All Philips CPAP lawsuits filed in federal courts have been consolidated before a single judge in a process known as multi-district litigation (MDL). The CPAP MDL allows consumers who suffered a CPAP-related injury to join the nationwide lawsuit and request compensation for their injuries and losses.

The Philips CPAP recall lawsuit is one of the fastest-growing mass tort claims in history. While mass tort lawyers expect litigation to extend beyond 2023, they are urging injured consumers to take action now and not wait. Time is of the essence when filing a mass tort product liability claim and joining an MDL.

Our mass tort legal team can help guide you through this difficult process. We will meet with you during a free consultation to investigate your situation and determine if you are eligible to participate in the Philips CPAP lawsuit MDL.

A Brief Overview of the Philips CPAP Recall Lawsuit Timeline

The Philips CPAP recall lawsuit has evolved rapidly, with significant developments in the legal process. Beginning in January 2022, it was revealed that Philips had knowledge of the foam degradation issues in their sleep apnea products but failed to take appropriate action.

Subsequently, in June 2022, the federal judge in charge of the multi-district litigation (MDL) issued an initial discovery plan and case management order, setting the stage for the litigation process. Additional recalls were announced by Philips in August 2022 due to noncompatible materials contaminating the devices, further raising concerns about user safety.

By October 2022, hundreds of cases were pending in the Philips CPAP Recall MDL, leading to an expedited filing process to streamline the legal proceedings. However, in 2023, Philips has tried to have these product liability cases dismissed. By mid-June 2023, some potential plaintiffs lost their right to file a product liability lawsuit because the statute of limitations that applies to their case has expired. Additionally, a class action has been created in Canada to give Canadian consumers the right to bring action against Philips for its dangerous devices.

How Long Did Philips Know About the CPAP Health Dangers?

The product liability lawsuits filed in the MDL claim that Philips knew of the health dangers long before they initiated a recall. The plaintiffs allege that Philips failed to warn consumers that they would breathe in carcinogenic foam toxins, making Philips liable for the damages and harm caused by their CPAP and BiPAP products. 

In June 2021, Philips Respironics issued a voluntary recall of over 15 million BiPAP and CPAP machines. The FDA immediately investigated this recall and found that executive managers at Philips Respironics knew about the foam degradation issues and health risks for at least a year before the recall occurred. 

Further investigation revealed that in 2015, an internal email from a Philips employee to a foam supplier specifically discussed the sound abatement foam degradation issues. Numerous scientific tests showed that degrading foam releases cancer-causing gases. Even more scientific evidence shows the connection between breathing in these chemicals and various respiratory issues. However, Philips Respironics failed to recall these products for another six years, exposing countless additional consumers to the dangerous conditions created by its devices. 

What is Sleep Apnea and How Do Devices Address the Condition?

Sleep apnea affects roughly 18 million people in the United States, or one in 15 adults. It is a serious sleep disorder where the body stops breathing at various intervals throughout the night. 

There are many different forms of sleep apnea. However, if you snore, stop breathing during the night, wake up with a morning headache, or continually wake throughout the night, talk to your doctor about the possibility of sleep apnea. If left untreated, it could lead to high blood pressure, stroke, heart disease, and Type 2 diabetes.

The Philips CPAP machines relieve sleep apnea by delivering positive pressure into the lungs, keeping the airways open throughout the night. In theory, by delivering steady and continuous air into the nose and mouth, the user can breathe normally and experience a better night’s sleep. 

How are Philips CPAP Machines Linked to Cancer?

CPAP machines can get loud and vibrate, making it difficult for users and their loved ones to fall asleep. To prevent this, Philips places polyurethane foam (pre-pur foam) inside to quiet the noises. However, this foam can degrade, releasing a deadly chemical into the very air being pumped into the user's airways.

Investigators believe high heat and humidity can cause this foam to break down. Studies have linked various conditions to the inhalation of pre-pur foam chemicals. Potential CPAP cancers caused by inhalation of degraded foam in the Philips CPAP class action lawsuit include:

• Bone marrow cancer
• Breast cancer
• Multiple myeloma
• Bladder cancer
• Brain cancer
• Leukemia
• Esophageal cancer
• Lung cancer
• Thyroid cancer
• Tonsil cancer
• Non-Hodgkin's lymphoma
• Nasal cancer
• Reactive airway disease (RAD)
• Testicular cancer
• Lung or pulmonary disease
• Respiratory disease
• Asthma

By August 2022, the FDA had received more than 69,000 medical device reports and 168 deaths were linked to degrading pre-pur foam in the Philips CPAP machines. The FDA medical reports received included cancers, pneumonia, dizziness, asthma, and chest infections.

Who Qualifies to File a Philips CPAP Mass Tort Lawsuit?

If you are a sleep apnea patient who used Philips CPAP devices, you probably want to know if you can file a CPAP mass tort lawsuit and join the currently pending multi-district litigation. To determine your eligibility, you need to speak to an experienced mass tort lawyer who regularly handles these cases. 

In general, you may qualify for the CPAP lawsuit MDL if you:

• Are under 80 years of age
• Used one of the recalled Philips CPAP, BiPAP, or ventilators
• Suffered from serious side effects or received a diagnosis of cancer, respiratory illness, asthma, or other qualifying condition. 

Whether you can file a claim may require an in-depth investigation of your medical records and the applicable law. For this reason, you should speak to an experienced mass tort lawyer at our related law firm immediately. They can review your case and explain how you can request the compensation you deserve. If you can participate in multi-district litigation, we will guide you through the process and take the legal burdens off your shoulders.

List of Philips’s Recalled CPAP Machines 

How do you know if your CPAP or BiPAP machine is a part of the Philips recall?

Here is a list of medical devices that Philips recalled. 

• All Philips CPAP devices (manufactured before April 26, 2021)
• All Philips BiLevel PAP devices (manufactured before April 26, 2021)
• E30 model continuous ventilator
• DreamStation non-life supporting continuous ventilator (Models ASV, ST, and AVAPS)
• SystemOne ASV4 model continuous ventilators, non-life supporting
• C Series continuous ventilator, non-life supporting (Models ASV, S/T, and AVAPS)
• OmniLab Advanced Plus in-lab titration device
• SystemOne Q series (Models of non-continuous ventilators)
• DreamStation CPAP, Auto CPAP, and BiPAP ventilators
• DreamStation Go CPAP and APAP (Models of non-continuous ventilators)
• Dorma 400 and 500 CPAP (Models of non-continuous ventilators)
• REMStar SE Auto CPAP (Models of non-continuous ventilators)
• The Trilogy 100, Trilogy 200, Garbin Plus, Aeris, and LifeVent continuous ventilators
• The A-Series BiPAP V30 Auto and Hybrid A30 continuous ventilators
• A-Series BiPAP A30 and A40 non-life supporting continuous ventilators (Not sold in the U.S.)

If your machine is on this list and you developed cancer, respiratory illness, asthma, or other lung conditions, we urge you to contact our experienced mass tort legal team immediately. 

Why Should You Partner With a CPAP Lawsuit Lawyer?

Medical device injuries and illnesses are some of America's most often overlooked cases involving product liability law. Our mass tort law firm fights to make things right for innocent consumers who suffered an injury or lost a loved one due to a dangerous medical device. No matter what caused it—design flaws, improper manufacturing, or a failure to warn customers of the device's potential dangers—our law firm will be there with you, every step of the way.

We want to help you. That’s why our legal team offers all injured medical device victims a free initial consultation and case review. During this consultation, we will personally sit down with you to learn about your unique circumstances and offer the compassionate legal guidance you deserve. We provide our services with no upfront fees so that no matter what happens in court or during negotiations, we won’t surprise you with any bills. We don’t collect any fees unless we achieve a successful outcome for you.

How Much Is Your CPAP Lawsuit Worth?

It is impossible to say how much compensation each product liability client may recover. Philips CPAP settlement amounts could easily range from $100,000 to millions of dollars depending on the user's injury and the long-term harm they suffered.

Before we know how much your case might be worth, we will need to speak with you and hear the details of your story. Our mass tort lawyers will carefully investigate your case, review your medical records, and evaluate your claim. We will also watch for jury verdicts from bellwether trials to help evaluate your case. Cases can settle at any time, so timing is critical when filing a mass tort lawsuit.

What Financial Losses Can You Request?

Our attorneys will fight to recover compensation for your:

• Medical expenses
• Lost income
• Loss of future earnings
• Pain and suffering
• Loss of consortium
• Emotional distress
• Wrongful death 

In some situations, the courts may award punitive damages. These damages usually far exceed compensatory damages, especially in medical device cases. Philips is a large corporation with billions in annual revenue. If we can prove it knew about the pre-pur degradation hazards and failed to take action, the court may order Philips to pay consumers large sums of money in compensatory and punitive damages. 

Injured by a CPAP Device? Call Us Today to Understand Your Rights

If you suffered an injury or doctors diagnosed you with a serious respiratory disease or cancer related to using a sleep apnea device, we can help. Our law firm handles mass tort cases just like these. We are investigating Philips CPAP lawsuit cases and helping injured patients file the claims they need to seek justice and recoup fair compensation.

Large corporations like Philips routinely put consumers in harm’s way to make a profit. They may withhold information or fail to warn consumers of their product’s risks. When this happens, injured patients and their families deserve accountability.

A mass tort lawyer at our law firm can help you through this difficult time. We know how to go toe-to-toe with large corporations and medical device manufacturers and win. Call us today at 866-535-9515 or complete our online contact form for your free consultation!