CPAP Lawsuit Update – August 2023

CPAP Lawsuit Update
CPAP Lawsuit Update – August 2023

If you or someone you love has sleep apnea, you are probably familiar with CPAP and BiPAP devices. What you may not know is that Philips (the largest manufacturer of these machines) has recalled its CPAP devices because some of the foam insulation is prone to disintegration. Users of these sleep aids expect clearer airways and better sleep. Instead, they’re breathing in dangerous pieces of foam causing serious lung problems and other medical conditions. 

CPAP users who have been diagnosed with medical issues are bringing lawsuits to recover financial compensation for their losses. All of the federal CPAP lawsuits were consolidated into a multi-district litigation (MDL) to expedite the legal process, allow uniform evidence discovery, and consistent motion rulings. At Lawsuit Legal News (LLN) it’s our mission to provide CPAP lawsuit updates to help keep injury victims up-to-date about the progress of this litigation.

Official Court Information About the CPAP Multi-District Litigation

Latest CPAP Lawsuit Updates

The official Case Docket for these cases is: MDL 3014, In Re: Philips Recalled CPAP, Bi-Level Pap, and Mechanical Ventilator Products Litigation. At this point, we expect the CPAP litigation will continue into 2024, but we are optimistic that Philips will try to settle these claims without the necessity of trials. The judge in charge of these cases is Joy Flowers Conti and she is located in the Western District of Pennsylvania.

CPAP Lawsuit Update – August 2023

**If you are considering filing a CPAP lawsuit for injuries caused by using these machines, or if you are already involved in the MDL, bookmark this page so you can check back for each new CPAP lawsuit update.

July 2023 – Canadian Class Action Created in St. John’s, Newfoundland

US lawyers and law firms cannot typically accept cases involving Canadian claims. If you are Canadian and have been injured by a Philips CPAP, you can now join a national class action based in St. John’s, Newfoundland. The legal team at LLN will be watching how the Canadian situation unfolds as well as the pending MDL in our country.

June 2023 – Statute of Limitations May Bar Some CPAP Lawsuits

June 14, 2023, was the two-year anniversary of Philips first CPAP recall. Since the recall notice was the first time CPAP users knew about potential CPAP issues, courts will probably use that date for when the statute of limitations began ticking on future legal claims. Users who live in states with a two-year statute of limitations must file their lawsuits or register their claim before June 14th to avoid being dismissed.

The total number of CPAP injury cases is now 548. After the statute of limitations has expired for some claims, our team hopes Philips will begin discussing case settlements, however, the first settlement is not expected anytime soon.

May 2023 – Philips Pays $62 Million to Settle SEC Foreign Corrupt Practices Act Charge

The SEC charged Philips with violating the Foreign Corrupt Practices Act involving the sales of medical equipment to China. Philips claims the multi-million settlement was caused by “irregularities in the medical device industry” in China through 2019.

Another 64 new CPAP lawsuits were added to the MDL in April. However, in May, only 13 new cases were filed. The total is now 518 pending CPAP lawsuits.

April 2023 – Possible Settlements in Reimbursement Claims, Not For Personal Injury Cases, Another FDA Recall

The CEO of Philips is hoping to settle with CPAP users who brought a reimbursement claim related to recalled devices in 2023. Philips allocated $630 million on top of the prior $1 billion earmarked for product recall settlements. These settlements are for users who want reimbursement for the cost of their machines but no personal injury losses. The LLN team expects the personal injury and wrongful death claims will not be addressed before 2024.

The FDA announced another recall of refurbished Philips Dreamstation CPAP and BiPAP machines. Philips claims it has not received any reports of injured users, the complaint deals with inaccurate or insufficient therapy. This is a Class 1 recall which means the devices could lead to serious injury or death.

March 2023 – Philips Trying to Avoid Some CPAP Claims

Philips filed a motion to dismiss a group of CPAP lawsuits using several weak arguments. Specifically, Philips thinks the Short Form Complaint that’s required to join the MDL is inadequate and insufficient under lawsuit requirements. Ironically, Philips’ own lawyers helped create the form, reviewed it, and agreed to the form before the court accepted it.

Philips also claims some of the claims are preempted by federal law. Of course, plaintiffs argued that Philips consented to the Short Form Complaint at the start, and the preemption arguments don’t apply to these cases.

February 2023 – More Bad News From the FDA

The FDA’s updated Medical Device Report about the Philips CPAP and BiPAP device recalls is alarming. In only three months, 8,000 serious adverse health incidents were reported and 90 more deaths have been linked to these devices. Overall, the FDA has received 98,000 health concerns and 350 death reports related to the recalled CPAP devices.

A record 62 new lawsuits were added to the CPAP MDL in the past 30 days. There are now 420 cases in this MDL. 

January 2023 – CPAP MDL Webpage is Created, Oral and Nasal Cavity Cancer Claims Filed While Philips Cuts 6,000 More Jobs

The Federal Court in the Western District of Pennsylvania has launched a Philips CPAP Recall MDL website containing a document index, copies of all court orders, and a litigation schedule.

New MDL lawsuits include one allegation of mouth and tongue cancers and another case involving nasal cavity cancer. Both plaintiffs allege their injuries are related to inhaling carcinogenic substances in the Philips CPAP foam particles. 

At the end of January, the plaintiffs are pushing to hold a bellwether trial in mid-2024. The defendants argue the first test trial is not possible until late 2025 or even 2026. Lastly, Philips announced it is cutting another 6,000 jobs in order to address corporate losses.


To learn more about the history of the pending CPAP lawsuit updates, be sure to read the CPAP Lawsuit Update page created by our affiliated law firm that is accepting and handling CPAP recall lawsuits for injured consumers. 

If you or a loved one was injured by a Philips CPAP or BiPAP device, you may have the legal right to bring a lawsuit to recover your losses. Every situation is different, so it’s important to speak with an experienced law firm that understands the latest CPAP lawsuit update and handles these types of cases. Call us at 866-467-0943 or fill out our online contact form for a free consultation now.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has represented over 11,000 injury victims and has served as lead counsel in over 1000 lawsuits. Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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