Philips CPAP Lawsuits

Latest Updates: As of April 2024, there are 762 pending cases in multidistrict litigation over injury claims related to recalled Philips CPAP machines.

Bellwether trials in the Philips CPAP multidistrict litigation could occur in 2025 for lawsuits that claim the devices led people to develop cancer and other health problems. Senior U.S. District Judge Joy Flowers Conti will preside over all federal CPAP lawsuits against Philips.

In early September 2023, Philips offered $479 million to settle CPAP class-action lawsuits that claimed damages resulting from recalled machines. This settlement does not impact the federal MDL.

Philips set aside an additional $630 million to resolve CPAP lawsuit claims in response to the recent growth in federal CPAP lawsuits against the company. Philips also recorded financial losses earlier in 2023, partly because of continuing issues with the company’s breathing devices.

In March 2023, Philips CEO Roy Jakobs said the company hoped to reach a settlement related to economic damages. As of April 2024, there are no court-approved offers to settle individual cancer injuries in the federal MDL. However, in September 2023, Philips did agree to settle a CPAP class-action lawsuit seeking economic damages.

Lawyers estimate that potential CPAP lawsuit settlement amounts for cancer injuries may be between $100,000 and $500,000. Depending on the severity of the plaintiff’s injuries, the amount could vary in individual cases.

Philips announced a tentative agreement with the FDA in January 2024. The roughly $400 million settlement included a promise for Philips to stop selling CPAP machines in the U.S. for the time being.

Jury verdicts for lawsuits that go to trial tend to be higher than settlement amounts, but not all cases go to trial. Trials can last years, and there is no guarantee of a jury verdict. Depending on your circumstances, opting for a settlement may be a better choice. Make sure you discuss all your options with your CPAP lawsuit lawyer.

People are filing Philips CPAP lawsuits because the polyester-based polyurethane — PE-PUR — sound abatement foam in recalled Philips CPAP, BiPAP and ventilator devices may degrade. Lawsuits claim that degraded Philips’ CPAP foam can cause cancer and organ damage.

Lawsuits also claim Philips failed to warn the public of health risks despite receiving injury reports. Injuries include headaches, airway irritation, chest pressure, cough and sinus infection.

According to a safety communication last updated in June 2023, the FDA had received over 105,000 medical device reports, including 385 deaths linked to degraded PE-PUR foam. The reports, received between April 2021 and March 31, 2023, include cancer, pneumonia, dizziness, asthma, headache, infection, cough, difficulty breathing and chest pain.

Philips attributed some foam degradation to the use of CPAP cleaning machines using ozone. Manufacturer SoClean Inc. sued Philips and filed an amended complaint referencing the FDA’s report in December 2021. The complaint claims Philips knew the foam could cause “serious risk of harm” for years, but instead of warning the public, it focused blame on SoClean.

Lawsuit Documents Show Philips Knew About CPAP Risks

In June 2022, unsealed court documents revealed that Philips knew about problems with its foam for at least three years before the recall. Philips claimed off-gassing chemicals from its PE-PUR foam wouldn’t cause health problems unless exposed to ozone cleaners, which made the foam 14 times more likely to degrade.

“The FDA’s investigation further reveals the company’s own internal testing showed the degradation products of PE-PUR foam are toxic and potentially carcinogenic. The company chose to keep using the PE-PUR foam anyway and did not alert the public to the risk of harm,” attorney Brendan McDonough told Drugwatch.

In 2023, the FDA issued another recall — a Class I Recall — for reprogrammed replacement devices from the initial recalls because of safety issues with the settings. The FDA also released a statement in April 2023 addressing the number of replacement Philips CPAP devices from the most recent replacement recall.

The Agency stated that the number of replacement devices sent to customers was far below the almost 2.5 million Philips had claimed.

Anyone under 80 years of age who used a recalled Philips Bi-PAP, CPAP or ventilator and suffered dangerous or serious Philips CPAP side effects may be eligible to file a lawsuit. Injuries in potential lawsuits include many types of cancer, respiratory problems and organ damage related to using a recalled Philips CPAP device.

Philips’ lab tests showed degraded foam from devices included in the Philips CPAP recall might release toxic chemicals. These include toluene diamine, toluene diisocyanate, diethylene glycol and dimethyl diazine.

If you aren’t sure if you qualify for a Philips CPAP lawsuit, a CPAP lawyer can help you determine your eligibility. Make sure you speak to an attorney right away.

If you or a loved one were injured permanently because of a Philips BiPAP, CPAP or ventilator, compensation from a lawsuit could help pay for past and future medical bills. Lawsuits in the MDL seek to hold Philips accountable and compensate for pain and suffering as well.

A handful of class-action lawsuits have also been filed that demand the company reimburse plaintiffs for the cost of replacing their CPAP devices.

According to Philips, the health risks associated with the foam in recalled CPAP machines could result in a broad range of potential patient impacts, from short-lived injuries, symptoms and complications to possible serious injuries, which could be “life-threatening or cause permanent impairment.”

Lawyers taking Philips CPAP lawsuit claims can evaluate your claim free of charge to see if you qualify. Time to file is limited, so talking to a lawyer as soon as possible can help ensure you’ll be able to seek compensation.

The most important quality to consider when choosing a CPAP lawsuit lawyer is experience. Choose a lawyer with extensive experience in personal injury and product liability lawsuits.

An experienced CPAP lawsuit lawyer will walk you through the process of filing a CPAP case. Your lawyer will explain the litigation process, from filing your complaint in court to negotiating your settlement or fighting for you in court.

When you contact a lawyer about your potential Philips CPAP injury case, they may ask you questions about your experience with your CPAP machine.

McDonough told Drugwatch, “Individuals interested in a potential lawsuit against Philips should be prepared to discuss their health history and experience with the device or devices.”

“There are a number of factors that go into the evaluation of a potential claim,” McDonough added. “As much information should be provided as possible at the outset to allow their attorney to best assist and advise them on the appropriate course of action.”

“They should also expect that, if their claim is accepted for investigation, it could potentially take years to resolve,” he explained. “Philips has signaled they intend to defend these claims vigorously.”