CPAP Lawsuit

What to Know About the Phillips CPAP and BiPAP Lawsuit & Recalls

The popular CPAP and BiPAP machine manufacturer Philips recently recalled millions of their products after researchers found that they contained dangerous and carcinogenic materials. These popular sleep apnea products use a sound abatement foam to dampen the machine’s noise and reduce vibrations. When this polyurethane foam disintegrates, it releases dangerous toxins into the air breathed by the consumer. These toxins can place the user at risk of developing various lung illnesses, conditions, and cancers. 

Because of these dangerous health risks, consumers across the country filed lawsuits against the CPAP and BiPAP manufacturers. All Philips CPAP lawsuits filed in the federal court got consolidated before a single judge in a process known as multi-district litigation (MDL). This MDA means that consumers who suffered an injury can join this lawsuit and receive compensation for their harm.

The Philips CPAP recall lawsuit is one of history's fastest-growing mass tort claims. While mass tort lawyers do expect litigation to extend beyond 2023, they urge injured consumers not to wait. Time is critical when filing a mass tort claim and joining an MDL.

Our mass tort lawyers can help you through this difficult process. We will meet with you in a free consultation to examine your case and determine if you can participate in the MDL.

The Philips CPAP Recall Lawsuit Timeline

January 1, 2022, Update on the Philips CPAP Lawsuit MDL

The FDA revealed that Philips knew for years that their popular CPAP, BiPAP, and ventilator models had foam degradation problems, yet the company failed to take action. Even years before the voluntary recall, Philips knew the dangers presented by using their products. 

June 17, 2022, Update on the Philips CPAP Lawsuit MDL

Judge Conti issued an initial discovery plan and case management order. This order outlined the discovery process and set a deadline of September 9, 2022, to submit the written discovery plan to the court. 

August 29, 2022, Update on the Philips CPAP Lawsuit MDL

Philips recalled more of its products on August 29, 2022. These models contained a noncompatible material that contaminated the plastic inside. These products could release volatile organic compounds into users’ lungs.

October 15, 2022, Update on the Philips CPAP Lawsuit MDL

In October, 340 cases were pending in the Philips CPAP Recall MDL. Judge Conti expected plaintiffs to file more cases in the upcoming months, so the Judge ordered individuals to file a short form complaint directly to the MDL. This will streamline the MDL filing process. 

Did Philips Know of the CPAP Health Dangers?

The mass tort lawsuits filed in the MDL claim that Philips knew of the health dangers long before they initiated a recall. They failed to warn consumers that they would breathe in carcinogenic foam toxins, making them 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 of the foam degradation issues and health risks for at least a year before the recall. 

Further investigation revealed that in 2015, an internal email from a Philips employee to a foam supplier discussed the foam degradation issues in the sound abatement foam. Numerous scientific tests showed that degrading foam released cancer-causing gases. Even more scientific evidence shows the connection between breathing in these chemicals and various respiratory issues. It took six years for Philips manufacturers to recall these products. 

Do You Have Sleep Apnea?

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. By delivering steady and continuous air into the nose and mouth, the consumer can breathe normally and get a better night’s sleep. 

Philips CPAP Machines and Cancers

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 air it pumps into the consumer’s airways.

Investigators believe high heat and humidity can cause this foam to break down.

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

As of August 2022, the FDA got more than 69,000 medical device reports and 168 deaths linked to degrading PE-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?

Sleep apnea patients who used Philips CPAP products may want to know if they can file a CPAP mass tort lawsuit and join the currently pending multi-district litigation. To determine eligibility, speak to an experienced mass tort lawyer handling these cases. 

In general, you may qualify if you:

  • Are under 80 years of age
  • Used a recalled Philips CPAP, BiPAP, or ventilator
  • 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 law. For this reason, speak to an experienced mass tort lawyer at our law firm immediately. We can review your case and help you get 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 lawyers immediately. 

Why Do You Need a CPAP Lawsuit Lawyer?

Medical device injuries and illnesses are some of America's most often overlooked forms

of product liability. Our mass tort law firm fights to make things right for our clients 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 failure to warn customers of potential dangers—our law firm will be there every step of the way.

We want to help you! That’s why we meet with all injured medical device victims in a free initial consultation and review. During this consultation, we will personally sit down with your case and offer you compassionate legal guidance. We do all of our work free of charge so that no matter what happens in court or negotiations, we won’t surprise you with any bills. We won’t collect any fees unless we achieved a successful outcome for you.

How Much Is My CPAP Lawsuit Worth?

We don’t know how much compensation each client will recover. Philips CPAP settlement amounts could easily range from $100,000 to millions depending on the patient’s injury and the long-term harm they suffered.

Before we know how much your case might recover, we will need to speak with you and hear your story. Our mass tort lawyers will closely 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 time is critical when filing.

Victims of Philips’s recalled sleep apnea machines might recover compensation well into the millions.

Our attorneys will fight so you 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 revenue annually. If they knew about the PE-PUR degradation hazards and failed to take action, the court may order them to pay consumers large sums of money in compensatory and punitive damages. 

Injured by a CPAP Device? Call Us Today

If you or someone you love suffered an injury or doctors diagnosed them with a serious respiratory disease or cancer, 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.
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 for your free evaluation!