The Philips CPAP recall lawyers at Miller & Zois are reviewing new sleep apnea machine cases from users of the Philips CPAP or BiPAP sleep apnea machines in all 50 states.
If you used a Philips sleep apnea machine for six months or longer and have been diagnosed with a respiratory condition (e.g., pulmonary fibrosis), lung damage, or cancer, you may be entitled to significant financial compensation.
You can get a free consultation for a Philips CPAP recall class action lawsuit anywhere in the United States at 800-553-8082. You can also get a free case evaluation online.
Our CPAP machine lawyers work on a contingency fee. So our attorneys only get a fee if you get a verdict or a settlement compensation payout.
This page provides information and updates on
- the new Philips CPAP lawsuit
- the latest updates on the CPAP class action, and
- potential settlement compensation amounts in these new CPAP machine lawsuits.
This CPAP recall lawsuit page was last updated with new information on July 7, 2022.
About CPAP and BiPAP Machines
July 7, 2022 Update: There is a new Case Managment Order in CPAP class action lawsuit that give lawyers on both sides the ability to begin pretrial discovery. Judge Conti sets out the initial discovery plan in the litigation which is what is needed to get in position for a CPAP settlement. So now real work begins to get the CPAP litigation moving.. and to find the documents that show that Philips mistakes that caused the injuries, pain and suffering, and death endured by so many victims and their families.
July 1, 2022 Update: Philips must have a new public relations firm. Earlier this week, Philips attempted to do some damage control by issuing a report on updated results for testing the potential safety hazard of sound abatement foam in its recalled CPAP devices. The announcement suggests that this preliminary testing indicates that CPAP users were not exposed to unsafe levels of toxic VOC chemicals.
The announcement is highly misleading because the testing cited by Philips was only performed on new machines. The CPAP devices which posed a safety risk were used machines that had been subjected to repeated cleaning, causing their sound abatement foam to degrade and release harmful chemicals. So Phillips ignored the foundation behind every CPAP lawsuits that has been filed. VOC emissions for used CPAP devices were not tested, which makes these results essentially meaningless.
June 27, 2022 Update: Judge Conti recently issued a preliminary discovery plan that establishes a series of initial deadlines for the CPAP class action lawsuit. The judge wants joint proposals on plaintiff fact sheets and implementation procedures by July 8, 2022. This involves written questions for plaintiffs to answer. The judge also wants proposals on deposition protocols (August 15th) and a written discovery plan (September 9th).June 21, 2022 Update: The case against Philips keeps getting stronger. Internal documents obtained through discovery in the CPAP class action lawsuit show that Philips was on notice about the problem with the sound abatement foam in their CPAP devices for at least three years before the company initiated a safety recall.
In April 2018, a mechanical engineer at Philips sent an email to a supplier stating that the sound foam (which contains toxic chemicals) was shedding and causing users to inhale foam particles. In the email, the Philips engineer noted that “this is not a good situation for our users.” What would a responsible company do with this information? Philips did nothing. This email will help plaintiffs' CPAP attorneys show that Philips negligently ignored a known safety hazard with its CPAP devices.
June 10, 2022 Update: Philips is still struggling. Last week, Philips announced that it was recalling over 60,000 of its V60 and V60 Plus ventilators (breathing devices mostly used in hospitals). The recall is related to problems with the electrical power system that can cause the ventilators to suddenly shut down without sounding any type of alert or warning alarm. Several injuries and at least one death have already been reported as a result of this defect.
June 9, 2022 Update: Last week, the judge in the Philips CPAP Recall MDL issued Pretrial Order #16 that formally appoints retired Magistrate Judge Diane M. Welsh as a Settlement Mediator, as agreed by the parties. This is not necessarily an indication that Philips is looking to move forward on a CPAP settlement, although an early settlement would be in Philips's interest. Rule 16.1 of the Local Rules for the Western District of Pennsylvania obligates parties in complex litigation matters to participate in Court-sponsored alternative dispute resolution options. The recent appointment of Judge Welsh as Settlement Mediator is simply part of the parties' compliance with this ADR process and the mediation will most likely lead to no early progress on a CPAP settlement.
June 2, 2022 Update: Philips admitted to a "steep increase" in the number of complaints received associated with foam degradation in a company statement last week. There have been more than 20,000 Medical Device Reports (MDRs) related to foam degradation in the last year. Philips is giving a hint as to how it will defend CPAP lawsuits, contending in its statement that the big problem with PE-PUR foam degradation is ozone cleaners that are not approved cleaning agents. It is also pushing a new study in the European Respiratory Journal that concludes that CPAP therapy using Philips Respironics devices is not associated with a greater risk of cancer. It is important to keep in mind the study Philips is so excited about states that it does not "allow for definitive conclusions to be drawn regarding the impact of PR devices on cancer risk."
May 25, 2022 Update: Out of necessity, the FDA has been heavily involved in the Philips CPAP machine recall since it was first announced last year. Most recently, the FDA has released data indicating that the agency has received over 21,000 reports of adverse health involving Philips CPAP devices in the last year (April 2021 to April 2022). Health problems reported to the FDA in connection with the Philips DreamStation and other recalled CPAP machines have included cancer, pneumonia, respiratory problems, and various other conditions. The FDA has also received reports of 124 fatalities that are reportedly connected to the toxic foam that was used in the recalled CPAP machines. The 124 deaths is a larger number than I think even CPAP lawyers expected. This gives us a good indication of the scope of the potential product liability lawsuits that Philips will be defending in the CPAP class action lawsuit.
May 17, 2022 Update: Since the start of May, 14 new Philips CPAP recall product liability lawsuits have been filed and transferred into the CPAP Recall MDL. The number of new CPAP product liability case filings is expected to increase dramatically over the next few months as prospective plaintiffs move through the process and get their cases filed. But few CPAP lawyers are filing lawsuits through the ordinary process. There are another estimated 60,000 CPAP recall lawsuits that have been filed on the administrative docket. We will learn more about the number of filed CPAP lawsuits at the next monthly status conference in two days.
May 10, 2022 Update: When the CPAP lawsuit began, we did not see many CPAP wrongful death lawsuits. That has changed of late both in terms of the CPAP lawsuits we are seeing and the victims that are calling our lawyers. An example wrongful death CPAP recall lawsuit was recently filed. The lawsuit was filed by Oregon resident Doug Shiffler against Philips and Wm. T. Burnett & Co, a Baltimore-based company that manufactured the toxic sound abatement foam in the Philips CPAP machines. Shilffler alleges that his wife, Joleen, was starting using a Philips DreamStation CPAP device in 2018 at the instruction of her doctor. She used the CPAP machine every night and less than two years later she was diagnosed with Stage 4 lung cancer from which she later died. The lawsuit claims that Joleen’s lung cancer was directly caused by her inhalation of toxic foam particles from the DreamStation machine over a two-year. The Shiffler case was filed in federal court in Utah and, like every CPAP recall lawsuit filed in federal court, will eventually be transferred into the CPAP class action in the Western District of Pennsylvania.
May 4, 2022 Update: The FDA is considering requiring Philips to offer to refund the purchase price of the CPAP machines subject to the recall. This would be an extraordinary step that underscores how frustrated the FDA is with Phillips.
May 3, 2022 Update: As the science as to what injuries this defective CPAP can cause tells us that CPAP lawyers may have initially overlooked: skin cancer. A claim of skin cancer around the part of the face where the CPAP mask is worn may make for a particularly strong CPAP lawsuit.
May 2, 2022 Update: The U.S. Department of Justice recently issued a subpoena to Philips seeking information about the CPAP recall, according to a recent report from the Wall Street Journal. The subpoena is an indication that the DOJ is doing some type of investigation into the CPAP recall and that things could get a lot worse for Philips.
Meanwhile, the CPAP class action litigation is moving forward with attorneys on both sides preparing for an upcoming status conference with the judge. CPAP lawsuits continue to be filed administratively (as our lawyers explain below) and lawsuits continue to get transferred from their home districts to Judge Conti in Pennsylvania.
April 19, 2022 Update: As of Friday, 274 CPAP lawsuits have been filed in the MDL. Why so few CPAP class action claims? Many victims were harmed and are seeking a fair settlement amount for what they have gone through. There is a tolling agreement in place that allows plaintiffs to unofficially file suit without paying the $402 filing fee and moving the case forward. This path gets you most of the benefits of filing a sleep apnea machine lawsuit without many of the burdens of pushing a claim forward.
April 6, 2022 Update: This litigation is finally starting to move forward. With a total of 262 pending CPAP lawsuits (as of March 16) in the Philips Recalled CPAP class action MDL, there has been a flurry of administrative decisions from the MDL judge in the last week. Judge Conti issued an order to set a schedule for monthly status conferences moving forward. She also finalized appointments to the Plaintiffs’ Steering Committee and established a common benefit fund with set protocols for time and expense submission by plaintiffs’ counsel.
March 24, 2022 Update: Philips can’t seem to get anything right these days when it comes to breathing machines. Less than one year after recalling 15 million CPAP and BiPAP devices because they were causing users to inhale toxic carcinogens while they slept, Philips is now recalling hundreds of hospital ventilators because a defective adhesive in the machines may cause them to suddenly stop working.
March 22, 2022 Update: As our lawyers mentioned in the last update, the FDA sent Philips a letter notifying the company that its efforts to notify consumers about the health risks associated with the recalled CPAP and BiPAP devices have been wholly inadequate.
In response, the FDA has stepped in and issued a “notice order” requiring Philips to provide appropriate notice of the CPAP recall to users and healthcare professionals under the supervision of the FDA.
March 14, 2022 Update: The FDA expressed concern today that Philip's first-come, first-served replacement strategy may put patients who need a CPAP at risk. So many patients are calling our CPAP lawyers complaining about the fear they have of not having a safe CPAP.
March 12, 2022 Update: This week, the FDA sends one of the harshest letters our lawyers have ever seen to a medical device maker. The FDA complains that the CPAP recall has been completely inadequate and Philips has done a poor job of notifying patients of the recall. This awful news may have an unlikely side effect of helping victims in the CPAP recall class action lawsuit. As things go from bad to worse, Philips is probably more likely to offer victims reasonable settlement amounts to put this litigation behind them.
March 5, 2022 Update: Users of recalled Philips CPAP machines who are thinking about filing a CPAP lawsuit can now preserve their rights by entering into a tolling agreement with Philips. This week, the judge in the Philips CPAP MDL approved a tolling agreement. Prospective plaintiffs who sign and register a tolling agreement can preserve their right to file suit against Philips even after the applicable statute of limitations on their claim expires.
March 1, 2022 Update: The disastrous Philips CPAP recall is getting attention from politicians. Senator Richard Blumenthal and Connecticut's Attorney General William Tong are calling on the FDA called on the FDA to intervene to make sure that products like the Philips CPAP never make it to market and to make sure that Philips rights the ship of this botched recall.
February 25, Update: Judge Flowers placed 33 CPAP recall lawyers in leadership positions to spearhead this litigation. This is a big step in pushing the CPAP lawsuits forward.
February 18, 2022 Update: ResMed is seeing increased demand for its respiratory care products - and increased profits - after the Philips sleep apnea machine recall. But, frustratingly, ResMed has limited capacity and there is still a shortage of CPAP machines.
February 3, 2022 Update: The MDL Panel chose to not consolidate the SoClean lawsuits. But it is sending them to Judge Joy Flowers Conti, the CPAP class action lawsuit judge, presumably because the CPAP lawsuit and the SoClean lawsuit have many common threads.
January 31, 2022 Update: Philips can't fire straight. After recalling 15 million CPAP and BiPAP devices, Philips get preliminary FDA approval for a plant to “repair” recalled devices by replacing the toxic PE-PUR foam with alternative silicone foam. Last week, however, the FDA announced that it was requiring Philips to perform independent safety testing on the new silicone-based sound foam. This decision comes after concerns were raised about potential safety with the replacement foam.
January 23, 2022 Update: The judge in the Philips CPAP MDL issued an order with instructions for the preservation of recalled CPAP devices as physical evidence. For those CPAP plaintiffs who submit their machine to Philips for “repair,” the order instructs Philips to take pictures and preserve certain parts of the device before reworking it. Plaintiffs who elect not to have their device repaired can choose to send it back to Philips and have it preserved as evidence and not repaired.
January 19, 2022 Update: This will be a big year for the CPAP lawsuits. Just before Christmas, the judge in the Philips CPAP Recall MDL issued an order setting out the procedure and schedule by which she will select attorneys for appointment to the Plaintiffs’ Steering Committee. Applications for the steering committee are due today, January 4, 2022. Judge Conti will interview applicants on January 27th and 28th. The Plaintiffs’ Steering Committee is a panel of lawyers from the plaintiffs’ side that makes certain decisions on behalf of all plaintiffs in the MDL, including coordinating discovery, selecting core issue experts, motions practice, and the selection of bellwether trial cases.
January 16, 2022 Update: A hearing will be held later this month by the Judicial Panel on Multidistrict Litigation to decide whether to consolidate all SoClean CPAP cleaning device lawsuits into a new MDL class action. The SoClean uses ozone technology to disinfect CPAP sleeping machines (including the recalled Philips CPAP machines). The lawsuits allege that the SoClean releases unsafe levels of ozone causing users to suffer a variety of respiratory health problems. There are 11 SoClean CPAP cleaning machine lawsuits currently pending. Each is a class action purporting to represent thousands of prospective class members.
December 15, 2021 Update: There are now 137 CPAP lawsuits in the MDL class action. This number is expected to grow to thousands.
December 13, 2021 Update: It is becoming increasingly clear that the CPAP lawsuits will be all about linking the injuries to Philips' negligence. Because the case against Philips is getting stronger.
FDA inspectors recently concluded their investigation into Philips and the CPAP machine recall that impacted millions of sleep apnea devices earlier this year. The FDA looked at internal emails, product testing, and operations reports at Philips to determine what led to the recall.
The inspection found hard evidence that staff at Philips knew about the problems with the sound abatement foam “but did not immediately act.” Evidence of this knowledge included 2015 emails from a Philips to an employee to the foam supplier and “at least 14 tests or assessments” dating back to 2016.
November 25, 2021 Update: Judge Conti ruled on the destruction of evidence dispute our CPAP lawyers talk about below. Her order permits Philips Respironics to contain to fix the defects on the recalled CPAP machines. But the order requires Philips to preserve evidence that may be important at trial by maintaining the recalled devices in their entirety and preserving and cataloging the foam at issue. This should prevent Philips from destroying the evidence needed to prove individual CPAP lawsuits.
November 17, 2021 Update: Earlier this year, Philips recalled millions of CPAP and BiPAP devices because sound abatement foam (PE-PUR Foam) in the machines was degrading and causing users to inhale toxic particles. In September, Philips announced an official “repair-and-replace” program for people with a recalled device. Part of this program involved replacing the problematic PE-PUR Foam with a new, silicone-based alternative foam.
Philips obtained preliminary FDA approval for this repair program based on testing results showing that the alternative silicone foam would be safe for use in the devices. But Philips can't shoot straight. Last week, the FDA suddenly withdrew its approval of the repair program after uncovering new evidence that the silicone replacement foam may also present health and safety issues. Now the FDA is requiring Philips to halt the repair program and have replacement foam re-tested by an independent laboratory.
The continued investigation into the Philips CPAP recall has also uncovered new internal emails showing that the company was aware of the problem with PE-PUR foam degrading as early as 2015. This means that Philips ignored this potential safety hazard for 6 years before taking any action.
November 16, 2021 Update: Here we go. Philips has already sought emergency relief from the judge's pretrial order governing the preservation of evidence in the CPAP recall. Plaintiffs' CPAP lawyers have already responded, arguing that the court needs more information from Philips before granting the relief sought.
November 12, 2021 Update: On Wednesday, the MDL class action Judge Joy Flowers Conti put out the first order to move the CPAP lawsuit forward. The initial status conference will be held on December 15, 2021, at 1:30 p.m. One big issue will be the selection of the lawyers who will lead the class action discovery for the plaintiffs.
November 1, 2021 Update: Last month, the MDL class action panel agreed with plaintiffs' lawyers that there should be an MDL class action lawsuit and it should be based in Pennsylvania. The Panel transferred the 114 CPAP lawsuits pending in federal court to a single judge in Pennsylvania. So if you file a federal lawsuit in California, Texas, New York, or any other state, it will get transferred to this court.
Most plaintiffs' attorneys hoped the class action would be in eastern Pennsylvania (Philadelphia) and not western Pennsylvania (Pittsburgh) The MDL Panel chose eastern Pennsylvania. But in a tiny defeat, the Panel picked western Pennsylvania. Our CPAP lawyers would have preferred eastern Pennsylvania. But Philips is in western Pennsylvania and the CPAP machines were made there. So it does make some sense.
U.S. District Judge Joy Flowers Conti in Pittsburgh will preside over both CPAP consumer class action lawsuits and personal injury claims. Judge Conti is an experienced jurist who has sat on the federal bench for nearly 20 years.
Our CPAP lawyers expect tens of thousands of CPAP lawsuits will soon flood this court. As of now, 110 CPAP lawsuits around the country will be transferred to the MDL class action.
This latest update also includes the latest word from Philips on the specifics of the recall. Our lawyers update this page regularly. Come back to get the latest CPAP lawsuit updates.
September 28, 2021 Update
At the start of September, Phillips issued a press release announcing that they now have formal FDA approval to repair recalled DreamStation and other CPAP devices.
Over three million existing sleep apnea devices were subject to the safety recall back in June after it was discovered that sound abatement foam in the devices was degrading causing users to inhale toxic chemicals.
When Phillips first announced the recall, it offered no options for users of machines with the toxic foam to repair or replace their devices. Now Philips claims to have the authorization and “service and rework capacity” to give help users of recalled devices.
Sleep apnea is a common condition in which breathing may become very shallow or temporarily stop when a person sleeps at night. This can cause a host of health problems ranging from headaches and fatigue to hypertension, heart attack, and stroke.
Continuous Positive Airway Pressure (CPAP) therapy is the standard form of treatment for sleep apnea. In CPAP therapy, a machine delivers positive airflow through a mask over the nose and mouth.
This creates enough inward pressure to prevent the person’s airway from collapsing during breathing at night. Other types of sleep apnea machines include Bilevel Positive Airway Pressure (BiPAP) and Automatic Positive Airway Pressure (APAP) machines.
CPAP is a continuous positive air pressure treatment. The positive air pressure keeps the airway open and assists the patient with breathing. CPAP includes the use of a mask over the nose and mouth while the patient sleeps. CPAP treatment forces air into the airway when there is an obstruction and prevents respiratory depression.
A CPAP is that working correctly is a great medical device. CPAP is the most effective treatment for sleep apnea, even when compared to surgery. In terms of reducing a patient's sleep apnea (as measured by the apnea/hypopnea index), CPAP is successful in the vast majority of patients.
So the demand for CPAP machines has risen dramatically in recent years. Not surprisingly, Covid-19 sparked greater demand for CPAP machines. Philips brought in $6 billion in revenue in 2020 for CPAP sales.
CPAPs generally work as intended. This machine is the standard treatment option for obstructive sleep apnea and can often reverse the consequences of sleep apnea.
The CPAP safety recall has a flood of lawsuits against Philips by device users who claim that they suffered adverse health consequences from the defective machines. A new “class-action” has been formed for consolidated handling of the CPAP recall product liability lawsuits. For victims, the MDL class action is a path to bring a CPAP lawsuit with relative ease.
Philips DreamStation CPAP Machines
Philips is a medical device and equipment company that manufacturers a variety of sleep apnea machines, including CPAP and BiPAP devices. Philips’s main line of CPAP devices is sold under the “DreamStation” brand name. This line of products includes the original DreamStation CPAP machine and the travel-sized DreamStation Go. These are wildly profitable for medical device companies.
All of Philip’s DreamStation CPAP and BiPAP machines use a special type of polyester polyurethane foam called PE-PUR. The PE-PUR foam is used for sound abatement to make the DreamStation CPAP machines run quieter.Safety Recall of DreamStation CPAP Machines
On June 14, 2021, Philips publicly announced a mass safety recall of 14 models of CPAP and BiPAP breathing machines, including the DreamStation line.
According to Philips, the 2021 CPAP recall was prompted by the discovery that the PE-PUR sound foam in the machines may break down and get inhaled or ingested by users. The PE-PUR foam contains volatile organic compounds (“VOCs”) that are carcinogenic and toxic to internal organs.
The problem with PE-PUR foam is Polyester polyurethane is easily broken down by heat, sunlight, sunlight, moisture, microbial, fungal attack, and even oxygen. So if, for example, your machine was exposed to high humidity or temperatures, you are at greater risk of this recall.
In most personal injury lawsuits like these, the defendant vigorously denies that the product was defective. But in this case, Philips Respironics readily acknowledges that inhalation of the PE-PUR foam by CPAP machine users could cause serious and even life-threatening damage to the respiratory system.
In an announcement entitled “Clinical information for physicians,” Philips identifies the following health risks from PE-PUR foam inhalation or ingestion:
- Irritation and airway inflammation (particularly acute in patients with underlying lung or cardiopulmonary conditions)
- Headaches and dizziness
- Chest pressure and sinus infection
- Toxic and “carcinogenic effects”
- Damage to the kidney, liver, and other organs
|DreamStation ASV||DreamStation ST||AVAPS|
|SystemOne ASV4||C Series ASV||OmniLab Advanced Plus|
|SystemOne (Q Series)||DreamStation CPAP||DreamStation Auto CPAP|
|DreamStation BiPAP||DreamStation Go||Dorma 400|
|Dorma 500 CPAP||REMStar SE Auto CPAP||Trilogy 100 and 200|
The safety recall of the DreamStation and other CPAP devices has already prompted CPAP lawyers to file lawsuits for people who used these devices and suffered adverse health consequences. More CPAP recall lawsuits are expected to follow because there is evidence that Philips was fully aware of the health risks and defects associated with the PE-PUR foam and failed to warn consumers.
The CPAP lawsuit claims that recalled machines have polyester-based polyurethane sound abatement foam that may degrade or off-gas under certain circumstances, including when cleaned with ozone, or in high humidity and high-temperature environments.
This places CPAP users at risk for a host of maladies, including various inflammatory responses, headaches, asthma, vital organ damage, and toxic carcinogenic effects that would include cancer.Philips Has Admitted Many CPAP Lawsuit Allegations
In most mass tort cases, the hard part is proving that the product causes injury. That will not be a problem in the CPAP lawsuit. Philips was aware of the problems with foam inhalation in its sleep apnea machines for a long time before it eventually issued its safety notice and recall in June 2021.
Philips has already conceded that the foam in these CPAP machines emits harmful chemicals, including,
- Toluene Diamine
- Toluene Diisocyanate
- Diethylene Glycol
Philips further admits that “based on lab testing and evaluations, it may be possible that these potential health risks could result in a wide range of potential patient impact, from transient potential injuries, symptoms, and complications, as well as a possibly serious injury which can be life-threatening or cause permanent impairment, or require medical intervention to preclude permanent impairment.” The FDA adds that "black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device."
Before we start congratulating Philips for being so forthcoming, Philips did not make a public safety announcement until April 2021. The recall did not come until June 2021. Even users sensed a problem. CPAP patients have been complaining for years about “black particles” in their lungs and similar issues.
One variable for risk is a high level of carcinogen exposure is the age and usage of the CPAP machine. Because the foam appears to degenerate over time. What is unclear to CPAP lawyers at this point is whether that degeneration comes from the passage of time or machine usage (or both).Jurors Will Be Angry at How Long Philips Waited to Come Clean
What is even more troubling, is that Philips appears to have deliberately delayed the timing of its recall. Why? It seems the delay may have been to coincide with the release of its “next-generation” sleep apnea products that do not have the foam inhalation problem.
In other words, Philips waited to tell consumers its existing products were dangerous until they had a new “safe” product to replace them. Keep in mind, that ResMed CPAP machines are not subject to a recall. So there was a clear safe CPAP alternative available. This will make jurors angry and punitive damages are in play in CPAP lawsuits.Do You Qualify for a CPAP Sleep Apnea Machine Lawsuit?
The defective medical device lawyers at Miller & Zois are currently seeking new CPAP machine cases from individuals who used one of the recalled Philips sleep machines and suffered adverse health consequences.
Specifically, we are seeking individuals who meet the following basic qualifying criteria for filing a Philips CPAP lawsuit:
- You used one of the recalled CPAP, BiPAP, or other Philips sleep apnea machines (see table above for a list of recalled devices) every night for at least 6 months or longer.
- After using the recalled CPAP machine for at least 6 months, you suffered any of the following adverse health conditions:
- Pulmonary fibrosis or any other injury involving your respiratory system or diagnosis with a respiratory condition.
- Damage to your liver or kidney.
- Diagnosis with lung cancer, kidney cancer, liver cancer, or any other type of cancer.
Philips CPAP lawsuits must be filed before the statute of limitations (“SOL”) for the claim expires. The applicable SOL deadline varies by state and can be anywhere from one to six years.
The statute of limitations for a CPAP or BiPAP device lawsuit may start on June 14, 2021, when Philips announced the CPAP recall. The statute of limitations varies by state. So if your state has a two-year SOL, your deadline for filing a lawsuit may be June 14, 2023.
The rules governing deadlines to sue to have scores of exceptions. These statute of limitations exceptions may shorten or extend your obligation to file a CPAP lawsuit or provide notice of your intention to do so. So you want to talk to a CPAP lawyer to verify the deadline to file a lawsuit for your claim.How Much Settlement Compensation for Philips CPAP Machine Lawsuits?
Lawyers are still at the beginning stages of the CPAP sleep apnea machine recall litigation. So speculation about settlement amounts in the Philips CPAP recall lawsuits is premature. Also, the injuries vary wildly in these cases. The most serious CPAP injuries are likely to be cancer, organ damage, and respiratory problems.
For CPAP cancer lawsuits, the average settlement compensation payouts should at least be between $100,000 and $500,000 with the trial value being significantly higher if liability can be established. The expected average settlement amounts for the respiratory issue would be less but the compensation will be closely tied to the severity of the injury.
Plaintiffs' lawyers sought an MDL class action, asking the U.S. Judicial Panel on Multidistrict Litigation to consolidate all federal court CPAP claims in federal court in Pennsylvania.
Philips conceded and MDL class action is appropriate but argued that the cases should be consolidated in Massachusetts. Why? Philips is based in Massachusetts so it appears to be looking for some home cooking. Ultimately, the Western District of Pennsylvania was the choice. The CPAP machines in this recall were manufactured in Pennsylvania and Philips RS North America LLC is also located in Pennsylvania. So our CPAP lawyers expected a Pennsylvania judge to preside over the litigation.
There is no question that the certification of a CPAP MDL class action increased the likelihood of a global Philips CPAP settlement.CPAP Machine Recall Lawsuits - Answers to Your Questions
Below are answers to some commonly asked questions about the safety recall of the Philips CPAP sleep apnea machines and related lawsuits.
All CPAP and BiPAP sleep apnea machines manufactured by Philips before 2020 were recalled. These include brands such as DreamStation and REMStar. See above for a complete list of recalled devices.
Philips recalled almost all of its CPAP and BiPAP sleep apnea machines because they contained polyurethane foam (PE-PUR) and particles of the foam were being inhaled by users of the machine. Inhalation of this foam can cause cancer and serious respiratory conditions.
Anyone who used one of the recalled sleep apnea machines and was subsequently diagnosed with pulmonary fibrosis, other respiratory health problems, or cancer may be able to file a lawsuit against Philips and receive financial compensation.
Lawyers and scientists will be working hard in the Philips CPAP recall lawsuits to link specific types of cancer to these sleep apnea machines. It is early in the CPAP litigation. So far, these are the cancers our lawyers suspect could be caused by CPAP via PE-PUR:
- Breast cancer
- Brain cancer
- Lymphatic cancer (including non-Hodgkin's)
- Bladder cancer
- Prostate cancer
- Liver cancer
- Testicular cancer
- Multiple myeloma
- Hematopoietic cancer (immune cell)
- Lung cancer (and lung injuries generally)
- Thyroid cancer
- Nasal cancer
- Stomach cancer
- Acute Respiratory Distress System (ARDS)
- Papillary carcinoma
- Reactive Airway Disease (RAD)
- Heart Attack
- Heart Failure
- Chemical Poisoning
- Pleural Effusion
Mark Edwards of New York became one of the most recent plaintiffs to join the ongoing CPAP recall lawsuit against Philips. Edwards filed a CPAP recall lawsuit on November 4, 202, in the Eastern District of New York. It was, as all of these federal claims are, transferred into the CPAP Recall MDL in Pennsylvania.
In his Philips CPAP lawsuit, Edwards alleges that he purchased a DreamStation CPAP device in 2014 and he used the machine every night for his sleep apnea until Philips announced the recall in June 2021. Edwards claims that as a result of inhaling foam particles from his DreamStation device, he developed a tumor in his throat along with Chronic Obstructive Pulmonary Disease.
Edwards is one of the first CPAP suits where the victim alleges actual physical injuries and tort claims as opposed to consumer fraud. The potential settlement amounts in these cases are exponentially higher.Contact Our CPAP Machine Lawyers Today
The CPAP recall litigation is exploding in 2022. Our lawyers are talking to victims about lawsuits against Philips who were exposed to this toxic PE-PUR sound abatement foam. Many attorneys were skeptical that the CPAP recall lawsuit would deliver for victims. But the strength of the case and the plaintiffs' lawyers' ability to connect the defective polyester polyurethane foam (PE-PUR) seems to get stronger by the day.
If you meet the qualifying criteria, our attorneys want to talk to you about your potential CPAP machine lawsuit against Philips seeking substantial financial compensation at trial or a settlement payout.
Call our CPAP lawyers today at 800-553-8082 or reach out to us online to see if you qualify. We are contingency fee lawyers so we are only paid if you get a verdict or settlement.