Philips CPAP Lawsuit

The FDA’s recent announcement of a voluntary recall of specific Philips sleep and respiratory care devices has led to many Philips CPAP machine recall lawsuit claims by injured victims.

Most victims alleged developing respiratory difficulties and lung cancer after using specific Philips apnea breathing devices.

On June 30, 2021, in a US Food and Drug Administration (FDA) safety communication, healthcare providers and individuals using Philips Respironics CPAP machines, Philips Respironics CPAP, and BiPAP devices were alerted of a recall.

In addition, the FDA safety communication announced that using Philips Respironics bilevel positive airway pressure (PAP) or CPAP mechanical ventilators that have been recalled could lead to lung cancer.

Philips Announces Recall of CPAP And BiPAP Devices

That same month, Philips announced its voluntary recall of 3.5 million CPAP and BiPAP ventilator machines due to toxic sound abatement polyurethane foam used in breathing devices.

In the CPAP machine recall, Philips explained that the PE-PUR foam material used in recalled devices could cause lung problems or cancers over time for long-term users of CPAP devices who use central sleep apnea mechanical devices.

The defendants (Koninklijke Philips N.V.) face a CPAP class-action recall lawsuit filed by plaintiffs alleging they experienced health issues like asthma caused by exposure to degraded polyurethane foam particles emitted into the air during exhalation.

PE-PUR Foam

Harm could arise while using these allegedly defective Philips Respironics ventilators, BIPAP, CPAP & BiPAP machines made of materials containing polyester-based polyurethane PE PUR sound abatement foam particles.

The polyurethane PE PUR foam degradation could release off-gas toxic chemicals and particles that enter the machines’ air pathways.

In recent weeks, Philips has warned users to refrain from discontinuing or altering their prescribed CPAP therapy, even though foam degradation is hazardous, without consulting their healthcare provider to determine the necessary steps to minimize patient impact.

In addition, the company is deploying ‘permanent corrective action’ on certain models that will address specific issues with their CPAP recall products.

Harmful Contaminants in Sleep Apnea CPAP Machines

The Philips BiPAP and CPAP machines to treat sleep apnea have polyurethane foam that could emit volatile organic compounds (VOCs), producing adverse effects on organs or cancer if inhaled or ingested.

According to regulatory agencies, Philips offers rebates for anyone who purchases the product within a specific period to use upgraded equipment with safer materials.

The Philips company warned doctors that using their equipment could result in severe injuries and life-threatening or permanent impairment.

In addition, Philips warned about potential health risks from particulate exposure, including headaches and respiratory issues, chemical exposure caused by off-gassing and irritation, hypersensitivity, nausea, vomiting, and possible toxic effects.

Philips BiPAP and CPAP machines are medical devices that help mitigate the symptoms of specific diseases like sleep apnea through breathing tubes by delivering increased air pressure into the throat to prevent an airway collapse during inhalation.

These Philips Respironics devices are used in the medical treatment of respiratory failure, not involving intubation. CPAP therapy can be used at home by patients suffering from sleep disorders.

The user places a mask over their nose or mouth to seal off any other air sources, preventing them from inhaling oxygen unless they take minimum ventilatory support with each breath.

Bi-level PAP and CPAP breathing devices effectively manage two primary chronic diseases: Obstructive Sleep Apnea (OSA) and Chronic Obstructive Pulmonary Disease (COPD). Long-term users may suffer from either condition, but most have OSA called CPAP sleep apnea.

The Philips CPAP Machine: A Widely Used Device

Statistical estimates indicate 8-10 million long-term CPAP or Bi-level PAP users in the United States. Philips currently controls 62.8% of this market share, while their competitor ResMed holds 32.2%.

With over five decades of combined experience designing and manufacturing CPAP breathing machines for altitude sickness and sleep disorder relief, these two companies have a firm footing on their competitors with 92% customer service satisfaction ratings.

What is a CPAP Machine, and How Does it Work?

A Philips Respironics CPAP machine is a medical device used to treat sleep apnea.

It delivers a constant flow of air pressure through a mask, keeping the airway open and preventing pauses in breathing during sleep.

The manufactured line of Philips Respironics devices includes a wide range of apnea devices, CPAP, Bi-level mechanical ventilator machines, and other breathing devices, including:

• Philips Dream Station CPAP
• BiPAP Philips DreamStation GO CPAP APAP
• Auto CPAP BIPAP
• Philips Respironics
• Dreamstation CPAP Machines
• APAP Philips Dorma 400 500 CPAP
• Philips C-Series ASV
• Facility Use A-Series BiPAP V30 AutoVentilator
• REM Star SE Auto CPAP Trilogy
• DreamStation CPAP APAP
• AVAPS Philips OmniLab Advanced Plus
• Hybrid A30 Philips A-Series BiPAP V30
• DreamStation CPAP ST
• Minimum Ventilatory Support
• BiPAP DreamStation CPAP
• DreamStation CPAP device
• DreamStation ST Avaps
• OmniLab Advanced Plus, In-Lab Titration Device
• Philips E30 (Emergency Use Authorization)
• Non-life Supporting DreamStation ASV
• Non-continuous Ventilator SystemOne Q series
• Philips Garbin Plus Aeris Lifevent Ventilator
• Trilogy 200 Garbin Plus Aeris LifeVent
• A-Series BiPAP Hybrid A30
• REMStar SE Auto
• Trilogy 100 Ventilator
• Trilogy 200 Ventilator
• LifeVent Ventilator
• Other recalled Philips devices

Only certain Philips Respironics ventilators mentioned above are part of the Philips CPAP machine recalled devices.

Philips recalled two defective products in their CPAP recall – the HAPPI Premium Nasal Pillow Mask and DreamWear nasal mask – due to potential health risks and harmful effects caused by the degraded polyurethane foam.

The polyester-based polyurethane PE PUR foam degradation allows particles to enter the lungs through inhalation. Additionally, out-gassing toxic gases have been reported, a cause for concern.

These medical, mechanical device users inhale directly from their recalled CPAP machines instead of breathing in the surrounding area.

How Human Lungs React to Polyester-based Polyurethane Particles

Polyester-based PE PUR sound abatement foam fragments and particles can easily lodge in human lungs, leading to long-term respiratory problems, like the toxic and carcinogenic effects of inhaling asbestos, leading to asbestosis and mesothelioma.

The body encapsulates the sound abatement foam particles before eventually spreading to all other organs and body parts once they are absorbed into the bloodstream.

The long-term effects of inhaling asbestos are severe and cause mesothelioma, asbestosis, and lung cancer.

Asbestos particles can cause the body to encapsulate them before spreading to other organs, leading to long-term respiratory health problems.

On June 29, 2021, plaintiffs filed a crucial class-action Philips CPAP lawsuit in federal court after suffering severe injuries from the now-recalled CPAP and BiPAP devices and ventilators.

Many victims have received medical care paid through their insurance policies.

As a result, insurance companies seek reimbursement through the Philips CPAP and BiPAP machine lawsuits on certain Philips Respironics ventilators.

The funds will be used to pay their policyholder’s medical expenses from the severe injury they received from using their recalled mechanical ventilator devices.

Court documents allege that Philips knew of the substantial and material risks of using its CPAP machines long before they voluntarily recalled the breathing machines.

The CPAP class action lawsuit also claims that patients using the affected devices complained to Philips about the black particles and debris they saw on their recalled CPAP breathing devices for years.

Philips Failed to Warn

The complaint alleges that Philips failed to warn the public about the known hazards and health risks of their defective medical and mechanical device and the problems with the sound abatement foam component until late April 2021.

The company still waited to recall specific Philips Respironics ventilators until June 14, 2021, knowing about the sound abatement foam degradation and the carcinogenic effects that could lead to lung cancer or other health risks.

The Philips CPAP lawsuit seeks financial recovery for anyone who bought the recalled Respironics devices and had Philips replace their affected units with safe and effective devices with no potential health hazards or cancer risks.

In addition, attorneys will file lawsuits against the CPAP manufacturer on behalf of their clients involved in severe cases to ensure they receive compensation and that all victims receive a similar outcome when resolving their Philips CPAP lawsuit.

Status Of Philips CPAP Recall Litigation

As the number of Philips CPAP lawsuits continues to grow, our recalled Philips device lawyers will continue to monitor the progress of the litigation and update this web page accordingly.

The Philips CPAP lawsuits (Philips CPAP recall MDL) have been centralized in the Western District of Pennsylvania by the United States Multi-District Litigation Panel.

This venue was deemed appropriate as it is the geographic area where many of the Philips CPAP machines recalled are manufactured.

Recalled Philips CPAP Devices: Western District of Pennsylvania Judge

Senior US District Judge Joy Flowers Conti in Pittsburgh has been assigned to oversee this complex Philips CPAP MDL (MDL-3014).

Judge Conti is an experienced jurist with nearly twenty years of experience handling litigation in the Federal Courts.

The federal judge is expected to oversee the complex Philips CPAP MDL and manage all future lawsuits that are filed.

The number of Philips CPAP lawsuits filed in the federal court system is expected to grow as more people learn about the recall.

Transferring Class-Action Cases Involving Recalled Philips CPAP MDL

In 2021, the United States Judicial Panel on Multidistrict Litigation (JPML) transferred all class-action suits concerning CPAP, BiPAP, and ventilating devices to the federal multidistrict court.

The transfer of thousands of cases involving recalled CPAP breathing devices to the MDL court means that all the individual Philips CPAP lawsuits filed by consumers who purchased the defective devices will be consolidated into one court.

This change will allow all plaintiffs to hear their cases together, making the litigation process more efficient.

Our CPAP lawyers anticipate that the number of plaintiffs involved in Philips Respironics lawsuits will proliferate as news of the CPAP safety recall and litigation spreads.

Our lawyers will update this webpage accordingly as the litigation involving Philips CPAP recall MDL progresses.

Recall CPAP Devices: Philips CPAP Machines Lawsuit Latest Updates

Since Philips initiated a voluntary CPAP recall in June 2021, the company has followed up with numerous notifications, as has the multidistrict federal courts handling Philips CPAP lawsuit settlement cases.

Philips estimates that nearly 4 million continuous positive airway pressure (CPAP) breathing devices are involved. Most of the CPAP machines recalled by the manufacturers were sold before 2021 with defective polyurethane foam. Updates include:

June 2023 Philips CPAP Lawsuit Settlement SOL Update:

Numerous state legislators have set the statute of limitations (SOL) at two years to take action on making personal injury claims from the time of diagnosis or awareness of a medical condition caused by an individual or entity’s negligence.

In June 2021, Philips initiated its CPAP recall after acknowledging problems with its breathing devices.

February/March 2023 Medical Device Recall:

With another five dozen claims added to the multi-district litigation, the number of Philips CPAP lawsuit settlement cases has risen to 420.

As the first Philips CPAP lawsuit payout will likely come soon, our lawyers expect the compensation claims to rise to 1000 or more before 2024.

January 2023 Update:

The number of pending Philips CPAP lawsuit cases filed in multidistrict court has reached 358, or three more than by the end of 2022.

Each lawsuit against Philips involved in CPAP MDL litigation will participate in the outcome of the bellwether cases.

November 2022 Update:

With the growing number of CPAP machine lawsuits, the US Department of Justice has nearly finalized a consent decree that will force Philips to accept financial blame for current and future problems with its apnea ventilators BiPAP and CPAP machines recalled for years.

An FDA report revealed over 90,000 MDRs (medical device reports), including 260 deaths from using the recalled Philips machines.

October 2022 Update:

The Food and Drug Administration announced a Class I CPAP Machine mask warning that some masks with magnets have interfered with stents, neurostimulators, pacemakers, and other metallic implants.

While the announcement isn’t directly connected to the BiPAP and CPAP machines, it does affect users who wear an apnea ventilator BiPAP and CPAP masks.

September 26, 2022 Update:

A new claim registry has been created in the Philips CPAP lawsuit as a replacement for the current system of tolling agreements.

The claim registry will allow prospective CPAP plaintiffs to register their product liability claim against Philips without the need to file a lawsuit.

September 18, 2022, Philips CPAP Lawsuit Updates:

In a press release, the Department of Justice announced that the manufacturer recently agreed to pay the US Government a $24 million Philips CPAP settlement to resolve claims that it was engaged in an illegal kickback scheme.

According to allegations in a whistleblower complaint against Philips, the company paid illegal kickbacks to incentivize medical equipment suppliers to submit insurance claims for Philips Respironics CPAP and other breathing devices. These kickback schemes are unlawful as they defraud federal Medicare and Medicaid programs.

September 1, 2022, Philips CPAP Lawsuit Update:

Over a year after issuing a massive recall covering millions of CPAP and BiPAP machines, Philips was forced to issue another recall of other CPAP breathing devices this week.

The latest recall could add to the growing CPAP recall litigation against Philips.

Philips recalled an additional 1,660 BiPAP ventilator machines for reasons unrelated to the PE-PUR foam.

In the last few years, Philips recalled the BiPAP machines because of contaminated plastic parts in the motor that could release toxic chemicals or cause the device to stop working suddenly. Recalled BiPAP machine devices include:

• A-Series BiPAP A30 (Ventilator)
• A-Series BiPAP A40 (Ventilator)
• A-Series BiPAP V30 (Auto Ventilator)
• A-Series BiPAP V30 Auto Continuous Ventilators
• OmniLab Advanced+

On September 6, 2022, Philips warned about magnetic CPAP and BiPAP masks but did not recall them.

According to the notification, people with certain metallic implants shouldn’t use magnetized CPAP masks because the magnets could interfere with these implants and cause serious injuries.

August 21, 2022, Philips CPAP Lawsuit Update:

The FDA’s public update notice on the CPAP machine recall disclosed that between May 1, 2022, and July 31, 2022, the FDA received over 48,000 adverse event reports, including 44 reported deaths, associated with the breakdown of the PE-PUR foam in the Philips CPAP device.

Since April 2021, 168 Philips CPAP-related deaths have been reported to the FDA (Food and Drug Administration).

The FDA has withdrawn its approval of the silicone replacement foam in Philips CPAP devices, requiring the silicone foam to be re-tested by an independent laboratory.

As of August 15, 2022, 323 pending Philips CPAP lawsuits were in the MDL.

This figure, however, does not include the thousands of additional CPAP claimants who have entered into tolling agreements and registered claims instead of filing cases.

August 4, 2022, Philips CPAP Lawsuit Update:

Judge Conti scheduled a “science day” for September 1. In the MDL process, a “science day” allows lawyers for both sides to make presentations to educate the court about complicated scientific issues in dispute in litigation.

The parties submitted proposals to the Court on August 18 for managing the “science day.” “Science days” are a regular part of the process with MDLs involving product liability claims.

A CPAP Recall Lawsuit Against Philips Ventilator Manufacturer

Injured victims and surviving family members who lost a loved one fatally harmed by affected devices could file a medical device recall lawsuit seeking compensation.

Certain Philips Respironics CPAP machines were recalled in January 2018.

Consumers were encouraged to immediately stop using the apnea devices and return them for a full refund.

We encourage you to fill out our online form to find out if you or a loved one qualifies as part of the Philips brand machine recall lawsuit class and receive updates on how our lawyers protect the rights of innocent victims.

Our law firm’s attorneys accept all personal injury cases and CPAP class action lawsuits through contingency fee agreements.

When Sleep Apnea Kills

Complex sleep apnea syndrome (CSAS) sometimes leads to wrongful death through sudden, unexpected nocturnal death syndrome. These conditions include apnea, multiple system atrophy of the autonomic nervous system, Lewy body disease, Parkinson’s disease, or other related syndromes.

Sudden, unexpected nocturnal death syndrome can lead to death through various causes, such as respiratory arrest, heart attack, or stroke.

In addition to the risk of sudden death, people with these conditions often experience fatigue, difficulty concentrating, and mood changes.

Diagnosis Is Challenging

Did your loved one suffer wrongful death due to a defective device or an adverse event involving one of these CPAP and BiPAP machines recalled by the manufacturer?

If so, contact a personal injury attorney today to discuss whether you may qualify as a survivor of a potential Philips CPAP lawsuit.

Many Philips CPAP machine lawsuits have already been resolved by plaintiffs and survivors of those harmed by the defective device’s air pathway.