People who used certain recalled Philips CPAP devices may now file for compensation as part of a settlement agreement for a class action lawsuit.

In September, Philips agreed to a $479 million settlement plan that would compensate people who bought, leased or rented specific CPAP, BiPAP or ventilator devices impacted by a June 2021 recall.

“This settlement ensures the millions of Americans who purchased defective Philips devices receive significant financial compensation,” the attorneys for the plaintiffs said in a statement to CBS News.

As part of the class action CPAP lawsuit settlement, eligible claimants can receive money for Philips CPAP machines recalled because sound abatement foam inside the device failed and was inhaled or swallowed by users.

A settlement website has been established to help CPAP users navigate eligibility and determine benefits. The claim filing period opened on Dec. 11 and is expected to close in August 2024.

This class action settlement, still pending final approval from a judge, does not impact Philips CPAP lawsuits for personal injury or medical monitoring.

Compensation for Users of Eligible CPAP Devices

About 11 million Philips devices were recalled in 2021 when polyester-based polyurethane foam insulation degraded and sent toxic fumes and particles into users’ mouths and airways, resulting in respiratory and carcinogenic effects.

The FDA received roughly 105,000 complaints about the foam inside the CPAP machines. Of these, 385 included deaths.

Many devices initially replaced during the recall were incorrectly refurbished, leading to secondary recalls. People who purchased, leased or rented affected devices may be eligible for compensation up to $1,500 per device.

Recalled devices include:

  • System One 50 Series ASV4 (Auto SV4)
  • System One 50 Series Base
  • System One 50 Series BiPAP
  • System One 60 Series ASV4 (Auto SV4)
  • System One 60 Series Base
  • System One 60 Series BiPAP
  • C-series S/T, AVAPS (C-series and C-series HT)
  • DreamStation CPAP
  • DreamStation ASV
  • DreamStation ST, AVAPS
  • DreamStation BiPAP
  • DreamStation Go
  • E30
  • OmniLab Advanced Plus
  • Trilogy 100/200, Garbin Plus, Aeris LifeVent
  • V30 Auto

Source: Amended Class Settlement Agreement

Eligible users may be entitled to a device payment award, a device return award and/or a device replacement award. To determine eligibility, Philips CPAP users can go to the settlement’s website.

Recent Issues with Philips CPAP Devices

An estimated 30 million people in the U.S. have sleep apnea, but only about 6 million are diagnosed, according to the American Medical Association.

The recalls may have led to a CPAP replacement shortage and hundreds of thousands of patients have yet to receive replacements.

The machines remain plagued by issues. Last month, the FDA warned that some Philips CPAP machines could overheat and cause a fire. The agency received 270 medical device reports, or MDRs, associated with thermal issues from people using the Philips DreamStation 2 CPAP machines between Aug. 1 and Nov. 15.

In the prior three years, the agency only received 30 such reports. The company maintains that its devices are safe.

Philips has not commented on the pending settlement.