CPAP Lawsuit Updates
FDA Issues Urgent Recall for Philips X-Ray Table Systems
On February 28, 2025, the FDA issued a serious safety warning regarding Philips' Allura and Azurion x-ray table systems after reports of patient falls and injuries due to mattress instability. The recall, classified as the FDA’s most severe, highlights risks of slipping mattresses and improper patient positioning, which can lead to life-threatening injuries such as lacerations, hemorrhages, and even death. Despite Philips’ Urgent Medical Device Correction letter, at least five injuries have been reported. Healthcare providers are advised to follow updated safety guidelines, including proper mattress use and positioning. Philips has requested customer acknowledgment of the revised instructions.
Philips Agrees to $1.1 Billion CPAP Settlement
Philips Respironics has agreed to a $1.1 billion settlement to resolve personal injury claims linked to its recalled CPAP, BiPAP, and ventilator devices. This includes $1.075 billion for injuries or deaths allegedly caused by the devices and $25 million for medical monitoring of potential future complications. Settlement distributions are expected to begin in 2025 for registered claimants with valid submissions, though delays are possible. This settlement is distinct from the earlier $479 million class-action settlement, which addressed economic losses. The $1.1 billion settlement focuses on personal injury claims, including cancer, respiratory issues, and other health complications.
Philips Request Judge to Streamline Discovery
Judge Conti has been requested by Philips to streamline discovery procedures across the two MDL. Philips argues that merging the documents from both cases would enhance productivity. Philips also hopes to get SoClean to pay some of the money paid in the settlement.
CPAP Status Conference Update
A status conference took place late last month to review agenda items and provide updates on the private personal injury settlement. The conference included presentations from the settlement administrator, discussions on the allocation methodology, and updates from the lien resolution administrator. There will be no additional status conferences for the remainder of 2024. The next scheduled status conference is set for January 14, 2025. Settlement administrators are expected to propose a system for reports to be accessed online by the courts.
About the Philips CPAP Lawsuit
People all over the U.S. have used a Philips CPAP machine to help with sleep issues, such as sleep apnea. Lawsuits have been filed, citing issues with the device itself. Plaintiffs claim that Philips CPAP machines are linked to various types of cancer and illnesses. The CPAP lawsuits allege that the company knew of the potential risk of cancer and health issues because the injuries were directly reported to them. It’s further alleged that Philips did not warn the public of the harm their products were causing. Victims have come forth with serious health concerns such as cancer, organ damage, sinus infections, and more.
The issues with the product stems from the design, which uses polyester-based polyurethane, or PE-PUR. This type of foam tends to degrade and may cause cancer and other illnesses. There have been nearly 100,000 reports to the FDA regarding PE-PUR foam in less than two years. There have also been 346 deaths associated with degrading PE-PUR foam. A complaint has been filed stating that Philips was well aware that their products could cause serious harm and death in some cases and failed to issue a complete Philips CPAP recall on time. Furthermore, Philips attempted to shift the blame to another company called SoClean, stating that the foam degradation in their products was due to ozone-cleaning machine use.
How to Know if You Pre-Qualify for the CPAP Lawsuit?
Anyone joining the CPAP lawsuit must meet certain requirements to join against Philips:
- Plaintiffs must have used either a Philips CPAP machine or BiLevel CPAP machine; and
- Must have been diagnosed with certain cancers or other illnesses.
- There are specific requirements for those who have been diagnosed with lung cancer and have a history of smoking.
Most of the CPAP lawsuits submitted allege that plaintiffs developed certain types of cancers or respiratory illnesses.
You may be eligible to pre-qualify if you have been diagnosed with the following cancer(s):
- Pulmonary Fibrosis
- Oral Cavity Cancer
- Oropharynx Cancer
- Nasal Cavity/Sinus Cancer
- Nasopharynx Cancer
- Larynx Cancer
- Hypopharynx Cancer
- Salivary Cancer
- Lung Cancer
The respiratory illnesses that plaintiffs can use to pre-qualify include pneumonitis, asthma, sarcoidosis, pulmonary fibrosis, or chronic obstructive pulmonary disease (COPD). Potential plaintiffs must have used a listed Philips product and developed one of the cancers or respiratory injuries mentioned above to pre-qualify for the CPAP class action lawsuit.
If you meet the above requirements, you may be entitled to compensation. We encourage you to seek legal advice to determine your eligibility. Various factors impact eligibility and all cases are unique.
Which Sleep Apnea Machines Have Been Listed in the Philips CPAP Recall?
Philips, a leading producer of sleep apnea equipment, issued a safety recall for approximately 3.5 million existing CPAP and BiPAP devices.
Here's a list of the models mentioned in the Philips CPAP recall:
- DreamStation ASV
- SystemOne ASV4
- SystemOne (Q Series)
- DreamStation BiPAP
- Dorma 500 CPAP
- Garbin Plus
- A-Series BiPAP
- DreamStation ST
- C Series ASV
- DreamStation CPAP
- DreamStation Go
- REMStar SE Auto CPAP
- Aeris
- AVAPS
- OmniLab Advanced Plus
- DreamStation Auto CPAP
- Dorma 400
- Trilogy 100 and 200
- LifeVent
- Other Philips devices
Is there a CPAP Class Action Lawsuit or MDL?
In the wake of the Philips CPAP recall, hundreds of lawsuits have been placed alleging injuries and financial losses attributable to CPAP machines. To manage the complexities of hundreds of lawsuits, courts have consolidated most cases into a single, central action known as multi-district litigation (MDL) in Pennsylvania. An MDL allows hundreds of plaintiffs to streamline updates, progress, and results, and prevents repetitive efforts.
Within the MDL, there are multiple proposed class action lawsuits. These group together plaintiffs who have similar cases, usually focused on economic damages like replacement costs for medical devices or medical expenses. If a court certifies a class action, one trial can represent the entire group, which saves time and resources for plaintiffs, the defendant, and the court. However, each proposed class action must meet specific legal requirements in order to be certified. This approach aims to resolve the open legal issues fairly and quickly.
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