Our CPAP lawyers are handling Philips Dreamstation CPAP recall lawsuits in all 50 states. This page is about the
- CPAP sleep apnea lawsuit
- status of the MDL class action as of April 2022
- expected settlement compensation payouts in these lawsuits
What Is a CPAP?
CPAP is continuous positive airway pressure. the idea behind CPAP is that to prevent throat muscles from collapsing shut, the CPAP gives the patient a continuous airstream into the patient’s lungs.
The CPAP is not giving the patient oxygenation. It just gives pressure to keep the throat muscles open so that when that patient is asleep, muscles that might close off do not close off.
The mask fits relatively tightly with the headbands around the head. The way it works is that the CPAP mask creates a seal. Air does not leave the seal when it is properly applied and working properly. This device is generally very effective at resolving most sleep apnea. Our lawyers are not disputing this. The concern is about the machine’s release of deadly toxins.
February 2023 CPAP Lawsuit Update
Over the last 30 days, 62 new cases were added to the CPAP recall class action MDL against Philips. The average monthly new cases for this litigation in 2022 was just 9. We have been anticipating this increase in volume ever since the claim registration program concluded a few months. We fully expect this trend of high volume to continue moving forward. The FDA recently released new data showing that they have received 350 deaths allegedly related to the recalled CPAP devices. There are now 420 pending cases in the CPAP class action and we could have 1,000 by the end of the year.
December 2022 CPAP Lawsuit Update
The U.S. Department of Justice confirmed that it is negotiating a consent decree with Philips that will force the company to accept responsibility for its failures and negligence in handling the massive CPAP recall last year. The decree will also require Philips to outline preventative measures to avoid future issues. This sort of involvement by the DOJ is very unusual in the product liability context and it reflects the serious concerns that have arisen after an FDA investigation into the CPAP recall revealed that Philips knew about the issues with the foam in the devices for years but did nothing about it.
April 2022 CPAP Lawsuit Update
The CPAP lawsuits have been slow in getting moving. But we are now moving.
There are now 262 active, pending lawsuits in the Philips Recall CPAP MDL class action. There has been a spate of administrative activity from the court of late to launch this litigation into one of the biggest mass torts in history.
Judge Joy Flowers Conti set a schedule for monthly status conferences for the remainder of the year and finalized appointments to the Plaintiffs’ Steering Committee (“PSC”). She also established a common benefit fund for reimbursing PSC members for their time and expenses.
January 2022 CPAP Lawsuit Update #1
The judge in the Philips CPAP MDL issued an order announcing the process by which she will be appointing members of the Plaintiffs’ Steering Committee.
The Plaintiffs’ Steering Committee is a panel of attorneys from the plaintiffs’ side of the litigation who are authorized to make collective decisions on behalf of all plaintiffs. This is one of the most important decisions Judge Joy Flowers Conti will make in this CPAP recall litigation. While most victims bringing CPAP lawsuits have lawyers outside of the steering committee, many of the biggest decisions in the litigation on the issues common to all plaintiffs are made by the MDL Steering Committee.
Applications for appointment must be submitted by January 4, 2022. Judge Conti will conduct interviews and make selections on January 27th.
January 2022 CPAP Lawsuit Update #2
This month the Judicial Panel on Multidistrict Litigation will decide whether to consolidate all SoClean CPAP cleaning device lawsuits into a new MDL. This would be separate and apart from the CPAP class action lawsuit.
What is the deal with this lawsuit? The SoClean uses ozone technology to disinfect CPAP sleeping machines (including the recalled Philips CPAP machines). The SoClean class action lawsuit alleges that the SoClean releases unsafe levels of ozone. This causes various respiratory maladies. There are eleven SoClean CPAP cleaning machine lawsuits pending. But the Panel will have to choose these competing class actions. But each is a class-action is filed by a different lawyer, each seeking to represent thousands of prospective class members.
December 2021 CPAP Lawsuit Update
The CPAP lawsuits are looking better and better for victims bringing a claim. The FDA reports that an investigation into the Philips CPAP recall. FDA inspectors review internal documents, email communications, and testing reports from Philips to determine what led to the recall and whether the company complied with federal regulations.
The FDA inspection found that Philips was aware of the foam degradation problem for years but made a deliberate decision not to take any action. The FDA inspection identified “at least 14 tests or assessments” going back to 2016 showing that staff at Philips were well aware of “concerns related to potential foam degradation.” The inspectors also cited 2015 emails from Philips employees to the foam supplier indicating that Philips was aware of “polyurethane foam degradation issues.”
November 2021 CPAP Lawsuit Update
In n response to the growing volume of CPAP recall lawsuits being filed in federal courts across the country, a new “class-action” CPAP MDL (multidistrict litigation) was formally created a month ago today.
The JPML panel established the new CPAP Recall MDL in the U.S. District Court for the Western District of Pennsylvania (Pittsburgh) under Judge Joy Flowers Conti. Judge Conti is a very experienced jurist, but this appears to be her first venture into the world of consolidated mass tort administration.
The selection of Pennsylvania’s Western District was a small victory for the CPAP defendants even though it was the CPAP defense lawyers their first choice. . Lawyers for the CPAP plaintiffs would have much preferred the Eastern District of Pennsylvania. in Philadelphia which is generally viewed as a more favorable venue for tort claimants.
The class action MDL for CPAP lawsuits will make a global CPAP settlement much easier to achieve.
What the CPAP Lawsuits Are About
Millions of people suffer from sleep apnea and many of them use Continuous Positive Airway Pressure (CPAP) devices at night to help treat this condition. Last month, a major manufacturer issued a nationwide safety recall of all is CPAP and sleep apnea machines.
The recall notice disclosed that users of the machines may have been inhaling small particles of polyurethane foam that can cause respiratory conditions, organ damage, and even cancer.
Our lawyers are now seeking users of the recalled sleep apnea devices who suffered adverse health consequences for potential
Backstory Behind the Philips CPAP Recall
Sleep apnea is a very common medical condition that affects millions of people in the U.S. With sleep apnea, a person’s breathing regularly gets shallow or interrupted at night when they sleep. This chronic interruption of regular oxygen flow during sleep can cause a host of medical problems ranging from headaches to stroke and heart attack.
CPAP therapy is the predominant method of treatment for sleep apnea. This treatment method involves the use of a CPAP machine at night which delivers air to the user through a mask over the nose and mouth. The air pressure from the CPAP machine helps to keep the user’s airway fully open throughout the night and prevent compression or collapsing associated with sleep apnea.
Philips is a medical device manufacturer that focuses primarily on sleep apnea machines and similar devices. Philips manufactured and sold CPAP machines and Bilevel Positive Airway Pressure (BiPAP) machines under a host of different brands. The company’s primary line of sleep apnea devices was sold under the DreamStation brand, which included the DreamStation and DreamStation Go.
Polyurethane Foam (PE-PUR)
CPAP machines are used during sleep, so they need to be as quiet as possible. To make their machines quieter Philips used a special type of polyurethane foam called PE-PUR for sound abatement.
In April 2021, Philips issued a safety warning identifying “possible risks” to users related to the PE-PUR sound abatement foam. Specifically, Philips stated that the PE-PUR foam degrades over time, causing machine users to unknowingly inhale tiny particles of the foam at night.
Just three weeks later in June 2021, Philips announced a nationwide recall of nearly all its first generation CPAP, BiPAP, and other sleep apnea devices. The recall notice contained the following statement:
To date, Philips has produced millions of Bi-Level PAP, CPAP, and mechanical ventilator devices using the PE-PUR sound abatement foam. Philips determined based on testing that there are possible risks to users related to this type of foam.
The risks include that the PEPUR foam may degrade into particles that may enter the device’s air pathway and be ingested or inhaled by the user, and the foam may off-gas certain chemicals. The foam degradation may be exacerbated by the use of unapproved cleaning methods, such as ozone, and high heat and high humidity environments may also contribute to foam degradation.
Therefore, Philips has decided to issue a “voluntary recall notification* to inform patients and customers of potential impacts on patient health and clinical use related to this issue, as well as for instructions on actions to be taken.
- The June 14, 2021 recall notice.
Health Risks Associated with the Recalled CPAP Devices
Our lawyers are in the very early stages of the sleep apnea machine recall litigation. The class action was just certified on October 8, 2021. Most of what we know, ironically, comes from Phillips about the health risks associated with these defective CPAP devices.
Philips provided this information in its recall notices and safety bulletins. Based on the disclosures from Philips, we know inhaled foam particles from one of the recalled devices may face some very serious health consequences.
In its initial safety recall notice, Philips offered the following statement regarding the potential health consequences and risks linked to inhalation of PE-PUR foam particulars in the recalled CPAP devices:
Philips has received reports of possible patient impact due to foam degradation. The potential risks of particulate exposure include headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects.
The potential risks of chemical exposure due to off-gassing include headache, irritation, hypersensitivity, nausea/vomiting, and possible toxic and carcinogenic effects. Philips has received no reports regarding patient impact related to chemical emissions.
Along with this information in the product safety recall notice, Philips also published a separate disclosure entitled “Clinical information for physicians,” which sought to give healthcare practitioners information regarding the health risks associated with inhalation of the PE-PUR foam. This announcement explained in detail the chemical dangers posed by the inhalation of the foam.
Inhalation of the PE-PUR foam from the recall sleep apnea devices may be linked to the following health consequences:
- Severe airway irritation and inflammation (especially dangerous in patients with underlying pulmonary conditions)
- Pulmonary fibrosis
- Headaches and dizziness and sinus infection
- Damage to the kidney, liver, and other organs
- Cancer (lung, liver, kidney, and other types of cancer)
CPAP Recall Lawsuits
The Philips sleep apnea machine recall will invariably lead to product liability lawsuits against the company by users who were adversely affected by the inhalation of foam particles. Philips will undoubtedly have some major liability here.
Our lawyers are currently seeking new sleep apnea machine cases from people who used one of the recalled Philips devices and suffered adverse health consequences as a result. We are particularly interested in hearing from individuals who meet the following criteria:
- You used a recalled Philips sleep apnea machine on a nightly basis for a least 6 months.
- After 6 months of using the recalled sleep apnea device, you developed a medical condition involving your respiratory system (e.g., pulmonary fibrosis); suffered organ damage to your kidney or liver; or were diagnosed with cancer.
If you meet these criteria, our CPAP recall lawyers would like to explore your legal options and determine whether or not you have a valid claim against Philips. There will be a CPAP MDL lawsuit in either Pennsylvania or Massachusetts very short. (Both sides agree to the need for a CPAP MDL; the argument is over where it should be. Philips wants the CPAP MDL on its home turf of Massachusetts.) [December 2021 Update: Pennsylvania won out.]
Philip CPAP Models in Recall
The models subject to the recall include:
E30, DreamStation ASV, DreamStation ST, Dream Station Go CPAP, APAP, AVAPS, SystemOne ASV4, C Series ASV, S/T, OmniLab Advanced Plus, SystemOne (Q Series), LifeVent, DreamStation CPAP, Auto CPAP, BiPAP, Dorma 400, 500 CPAP, REMStar SE Auto CPAP, Trilogy 100 and 200, Garbin Plus, AVAPS, A-Series BiPAP Hybrid A30, Aeris, A-Series BiPAP V30 Auto, A-Series BiPAP A40, and A-Series BiPAP A30.
What Do Our Lawyers Expect for CPAP Sleep Apnea Average Settlement Compensation Payouts?
It is early in the CPAP sleep apnea lawsuits for our lawyers to predict average settlement compensation payouts. But we do know settlement amounts in other lawsuits where the allegation is the product caused cancer. In product liability cancer lawsuits, the trial value of successful cases is typically millions of dollars. Settlement amounts in a class action will, on average, be lower. Typically, victims in successful cases may be able to expect a CPAP lawsuit settlement between $100,000 and $500,000 depending upon how strong the case is and the extent of the pain and suffering. Philips CPAP recall wrongful death lawsuits will typically have higher average settlement values.
Any Philips CPAP lawsuit settlement at this point is incredibly speculative. So do not hold me to these per person settlement predictions. The expected settlement amounts are very difficult to determine at this point But we will be able to drill down more to calculate estimated payouts as the litigation progresses.
When Will Philips Settle the CPAP Lawsuits?
The CPAP lawsuits are just beginning. Our lawyers do not expect a formal class action until October 2021. When this is formalized and trial dates are set, we will have a better idea of if and when Philips will settle the CPAP lawsuits.
Could the CPAP sleep apnea lawsuit have a similar settlement value? It is pure speculation at this point. Our lawyers need to wait and see how this litigation unfolds and what the evidence shows.
How Many People Are Impacted by the CPAP Recall?
As many as 24 million Americans suffer from obstructive sleep apnea. This is a dangerous and potentially life-threatening condition in which the patient stops breathing for some time while sleeping.
The risk of a CPAP not working or unavailable because of this recall is primarily respiratory failure.
Common but usually benign side effects of sleep apnea include snoring, fatigue, and difficulty sleeping. But serious sleep apnea cases can cause cardiac events like a heart attack or stroke that can lead to brain injuries from oxygen deprivation.
Approximately 3.5 million CPAP machines are covered by this recall.
What Do I Do If My CPAP Machine Has Been Recalled?
Anyone with a recalled device is urged to register with Philips Respironics on their website or call 877-907-7508. Philips will provide a replacement device when they are available and instructions on returning your current device.
Should you keep using your CPAP after the recall if you do not have a replacement? This is a question you should be asking your doctor (not a CPAP recall lawyer). Get the best medical advice that you can that is tailored to you.
FAQs: CPAP Recall Lawsuits
What CPAP Machines Were Recalled?
All Philips CPAP and BiPAP machines manufactured by Philips before 2020 were covered by the recall. This includes the DreamStation and REMStar brands.
What is the CPAP Recall About?
Almost all CPAP devices manufactured by Philips were recalled because it was discovered that the polyurethane sound abatement foam in the devices was degrading causing users to inhale small chemical particles that can cause cancer and other health conditions.
How Do I Know if My Philips CPAP Device is Recalled?
Unless you purchased your Philips CPAP device after February 2021, you can probably assume that it is covered by the safety recall.
Can I Sue Philips for My CPAP Machine?
If you used one of the recalled Philips CPAP machines for sleep apnea (or any other condition) for 12 months or longer and you were subsequently diagnosed with respiratory health problems or cancer, you may be able to file a lawsuit against Philips and receive financial compensation.
Will Medicare Replace Your Recalled CPAP Device?
If your Philips CPAP machine was recently recalled, Medicare will help cover the cost of a replacement only if the device was more than 5 years old. If your recalled device was not 5 years old the replacement cost will not be covered.
Should You Stop Using Your Philips CPAP Device?
Philips has strongly advised all patients to stop using any recalled CPAP or BiPAP device and consult with their doctor about alternative options. Philips has released a new line of CPAP machines (the DreamStation2) that does not have the safety defect related to the sound foam.
How Much are CPAP Recall Lawsuits Worth?
It is too early to know for sure how much a CPAP recall lawsuit may be worth in terms of settlement value. However, based on prior mass torts CPAP claims in the highest settlement tier could be worth $100,000 to $150,000.
Example CPAP Recall Lawsuit
Let’s look at a recent CPAP lawsuit to see one of these claims in context.
A New York man, Mark Edwards, recently became a plaintiff in the new CPAP Recall litigation against Philips. Edwards filed a CPAP lawsuit against Philips in the Eastern District of New York on November 4, 2021, and it was later transferred into the newly formed Philips CPAP Recall MDL in the Western District of Pennsylvania. Edwards is one of the earliest plaintiffs to claim actual physical injuries related to his CPAP device, as opposed to consumer fraud.
Edwards asserts that he bought a DreamStation CPAP device for his sleep apnea back in 2014. Edwards used the DreamStation machine every night from 2014 until the recall in June 2021. He hired a CPAP lawyer and filed a lawsuit against Philips claims that foam particles from the DreamStation caused Edwards to develop a throat tumor, asthma, and Chronic Obstructive Pulmonary Disease.
CPAP Recall Lawyers
If you think you were injured by one of the recalled Philips sleep apnea machines, contact our CPAP recall lawyers today for a free consultation.
Call 800-553-8082 or get a free online consultation. Our lawyers do not collect a fee unless you get a verdict or a CPAP lawsuit settlement payout.