Who Can File a CPAP Lawsuit?

Who Can File a CPAP Lawsuit?

You may qualify to file a CPAP lawsuit if you or a loved one were prescribed and used a recalled Philips Respironics CPAP or BiPAP machines or ventilators for at least six months from 2009 to 2021, and suffered a serious side effect. This post will review the types of recalled breathing machines and related side effects. However, the best way to determine who can file a CPAP lawsuit is to talk with an experienced product liability lawyer.

Why Were Philips Respironics CPAPs Recalled?

Philips recalled several ventilators and BiPAP and CPAP machines in June 2021 due to potential health risks posed by the polyester-based polyurethane (PE-PUR) sound abatement foam used in the devices. The PE-PUR foam can break down over time and release small particles that the user can inhale or swallow. These particles could potentially cause health problems, such as respiratory irritation, allergic reactions, and cancer. Philips has offered to replace or repair the recalled machines.

What Ventilators, BiPAP and CPAP Machines Were Recalled?

All model names and serial numbers of the following Philips Respironics devices manufactured between 2009 and April 26, 2021, are affected by the June 30, 2021, CPAP recall:

CPAP and BiPAP Devices

Continuous, Minimum Ventilatory Support, Facility Use

  • E30 (Emergency Use Authorization)

Continuous, Non-Life Supporting

  • SystemOne ASV4
  • C-series ASV
  • C-Series S.T and AVAPS
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • OmniLab Advanced+


  • Dorma 400
  • Dorma 500
  • REMstar SE Auto
  • SystemOne (Q-Series)
  • DreamStation
  • DreamStation Go


Continuous Ventilator

  • Trilogy 100
  • Trilogy 200
  • Garbin Plus, Aeris, LifeVent

Continuous Ventilator, Minimum Ventilatory Support, Facility Use

  • A-Series BiPAP Hybrid A30 (not marketed in the U.S.)
  • A-Series BiPAP V30 Auto

Continuous Ventilator, Non-life Supporting

  • A-Series BiPAP A40
  • A-Series BiPAP A30

On December 22, 2022, Philips Respironics expanded the recall to include certain previously recalled, reworked, and reissued Trilogy 100 and Trilogy 200 ventilators. This recall was due to issues with the silicone sound abatement foam used to replace the defective PE-PUR foam separating from the plastic backing and posing a risk of airway blockage, as well as the presence of residual PE-PUR sound abatement foam in some reworked devices.

What Health Problems Are Linked to the Recalled CPAP Machines?

Since June 2021, the U.S. Food and Drug Administration (FDA) has received over 105,000 medical device reports from Philips Respironics, healthcare providers, and patients, associated with the Pe-PUR foam breakdown or suspected foam breakdown. These reports include 385 deaths and health problems, such as:

  • Cancer
  • Asthma
  • Pneumonia
  • Other respiratory problems
  • Dyspnea (difficulty breathing)
  • Infection
  • Headache
  • Cough
  • Dizziness
  • Nodules
  • Chest pain

What Were the Recalled CPAPs Used For?

A CPAP (continuous positive airway pressure) machine is a device that delivers a continuous stream of pressurized air through a mask that you wear over your nose and/or mouth while you sleep. The pressurized air helps to keep your airways open, preventing them from collapsing and causing breathing pauses. CPAP machines are used to treat sleep apnea and other respiratory conditions, including chronic obstructive pulmonary disease (COPD) and cystic fibrosis.

A BiPAP (bilevel positive airway pressure) machine is a device that delivers two different levels of pressurized air through a mask that you wear over your nose and/or mouth while you sleep. The higher pressure is delivered when you inhale, and the lower pressure is delivered when you exhale. BiPAP machines are also used to treat sleep apnea, as well as other respiratory conditions, such as COPD, heart failure, and obesity hypoventilation syndrome.

A ventilator is a machine that helps people breathe when they are unable to do so on their own. It does this by forcing air into and out of the lungs. Ventilators are used in hospitals and other healthcare settings to treat a variety of conditions, including respiratory failure and heart failure.

There are two main types of ventilators: invasive and noninvasive. Invasive ventilators are used when a person's airway is blocked or cannot be opened on its own. They are inserted through the mouth or nose into the trachea (windpipe). Noninvasive ventilators are used when a person's airway is open but they are not able to breathe on their own. They are placed over the nose and mouth or over the nose only.

Why Should I File a Recalled CPAP Lawsuit?

There are a few reasons why you might want to file a CPAP lawsuit. If you or a loved one was harmed by one of the defective recalled CPAP machines, you probably want to hold Philips accountable for its actions. Philips knew about the potential health risks of the PE-PUR foam in its CPAP machines but failed to warn consumers until June 2021. As a result, many people have been harmed. Filing a lawsuit can help hold Philips accountable for its actions and ensure that the company's defective CPAPS do not harm other people in the future.

If you or a loved one suffered injuries after using a recalled Philips CPAP machine, you may be entitled to compensation for your losses. This could include medical expenses, lost wages, pain and suffering, and other damages. Hiring a CPAP lawyer and filing a lawsuit can help you to get the compensation you deserve.

What Damages Could I Be Eligible for in a CPAP Lawsuit?

The damages available in a CPAP lawsuit can vary depending on the specific circumstances of the case. However, some common damages that may be awarded include:

Economic damages

These damages compensate you for the financial losses you have incurred as a result of the defective CPAP machine. This could include the cost of the machine, medical expenses, lost wages, and other out-of-pocket costs.

Non-economic damages

These damages compensate you for the emotional and psychological pain and suffering you have experienced as a result of the defective CPAP machine. This could include anxiety, depression, and loss of enjoyment of life.

The amount of damages that you may be awarded will depend on a number of factors, including the severity of your injuries, the length of time you have been suffering, and the extent to which the defendant's actions were negligent.

Harmed by a Recalled CPAP Machine? Contact an Experienced Lawyer Today

If you or someone you love suffered health problems from a recalled Philips Respironics CPAP or BiPAP machine or ventilator, you may qualify to file a lawsuit and recover compensation for your medical bills, pain and suffering, and other losses. Speak with a lawyer from Lawsuit Legal News to see if you qualify. Having an experienced attorney on your side can improve your chances of a favorable outcome.

The mass tort lawyers at Lawsuit Legal News have years of experience helping people like you seek just compensation against the companies that harmed them. Contact us today at 866-467-0943 or complete our online contact form for a free consultation.


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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