Continuous Positive Airway Pressure (CPAP) machines are medical devices used to treat sleep apnea, a condition characterized by interrupted breathing during sleep. These devices deliver a constant flow of pressurized air to keep the user’s airway open. While CPAP therapy is effective for many patients, certain devices manufactured by Philips Respironics have been recalled due to potential health risks associated with the sound abatement foam used in the machines.
CPAP lawsuits allege that Philips Respironics failed to adequately warn users about the risks associated with their devices, particularly the potential degradation of sound abatement foam which could release harmful particles and gases. It is claimed that the company knew or should have known about these risks but delayed informing the public and issuing a recall. These lawsuits further assert that Philips prioritized profits over patient safety by continuing to sell potentially dangerous devices while working on next-generation products.
By filing a CPAP lawsuit, you may be eligible to seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from using a recalled Philips CPAP device. These legal actions aim to hold Philips Respironics accountable for potentially putting patients at risk and to ensure that medical device manufacturers prioritize user safety. Additionally, this litigation seeks to secure proper compensation for affected users and to push for stricter oversight and testing of medical devices before they reach consumers.
There have been no major updates for the beginning of November in the Philips CPAP litigation beyond the developments reported earlier this year. The $1.1 billion settlement agreement reached in April 2024 remains pending court approval. If approved, this settlement will address personal injury claims related to the recalled CPAP, BiPAP, and ventilator devices. Additionally, the $479 million settlement for economic losses, agreed upon in September 2023, is also awaiting final court approval. No significant legal proceedings or regulatory actions have been reported at this time. If anything changes, we will ensure to update you as we continue to learn more.
In October 2024, Philips Respironics reached a $1.1 billion settlement in response to personal injury claims from users of its recalled CPAP, BiPAP, and ventilator devices. This settlement allocates $1.075 billion for individual injury claims and $25 million for medical monitoring to assess potential health impacts on affected users. Eligible claimants must submit a Registration Packet by December 10, 2024, to be part of the settlement.
The Philips CPAP class action (MDL) has seen a slight decrease in pending cases, from 810 to 798, suggesting progress in resolving claims. Key upcoming dates include October 30, 2024, for the final approval hearing for the Medical Monitoring settlement, and December 10, 2024, as the registration deadline for the injury settlement.
While no more status conferences are scheduled for 2024, a January 14, 2025, conference will continue case updates, with attorneys expected to submit monthly status reports in the meantime. This structured timeline emphasizes a clear path forward for both claimants and the court in finalizing settlements and addressing lingering legal matters.
As of September 2024, Philips Respironics is moving toward a $1.1 billion settlement to resolve thousands of personal injury and wrongful death claims linked to the recall of its CPAP, BiPAP, and ventilator devices. The claims allege that the polyester-based polyurethane (PE-PUR) foam used in these devices degraded over time, releasing toxic particles and gases, which users inhaled, leading to serious health conditions, including cancer. The settlement, which is still pending court approval, proposes a points-based distribution system to determine compensation based on the severity of each claimant’s injuries and other factors. Payouts are anticipated to begin in 2025, with Philips prohibited from selling these devices in the U.S. until they meet FDA safety standards.
The multidistrict litigation involving Philips CPAP lawsuits currently has 798 pending cases. If the proposed settlement is not approved, bellwether trials may begin in 2025 to help set precedents for future cases. Meanwhile, Philips has also agreed to pay $479 million to settle class-action lawsuits related to economic damages from the CPAP recall. This settlement does not cover the personal injury claims, which remain a central focus of ongoing negotiations.
Since the recall, the FDA has received over 116,000 reports of adverse health effects linked to the devices, including at least 561 deaths. These reports have spurred intense scrutiny and legal action against Philips, with plaintiffs’ attorneys pushing for a comprehensive settlement that fully compensates those harmed. As the litigation continues, Philips has agreed to work with external experts to address safety compliance at its facilities as part of a consent decree with the FDA.
There are currently 797 active cases in the multidistrict litigation (MDL) in Pennsylvania. While a global settlement has not yet been reached for personal injury claims, Philips has agreed to a $1.1 billion settlement to resolve many of the cases. This settlement is intended to cover claims related to respiratory issues and cancers caused by the degradation of the PE-PUR foam used in the devices. However, final approval from the court is still pending, and payouts are expected to begin in 2025.
By August 30, 2024, both plaintiffs and defendants are required to submit proposals for selecting bellwether trials, which are early cases used to gauge the outcomes of similar cases. These trials could significantly influence future settlement amounts and strategies. The selection of these trials and the completion of expert depositions on general causation are expected to continue through late 2024, with the first trials likely beginning in 2025.
The FDA continues to investigate the health impacts of the degraded foam, which has been linked to a range of illnesses, including cancer and severe respiratory conditions. Since the recall began, over 105,000 complaints have been filed with the FDA, and the agency is closely monitoring the situation.
While the $1.1 billion settlement is a significant step, many challenges remain, including potential delays in the court process and ongoing disputes over the extent of Philips’ liability and the safety of their products. Philips has been barred from selling CPAP devices in the U.S. until they meet updated FDA standards. These updates highlight the complexity and slow progress of the CPAP litigation, with important milestones still to come as the cases move forward.
As we continue to watch the ongoing developments in this litigation, it’s clear that while the recent settlement offers a glimmer of hope, there’s still a long road ahead. We will continue to update you all about what’s happening with these lawsuits, especially as the bellwether trials approach and the FDA’s investigation progresses. The challenges surrounding Philips’ liability, and the safety of their products underscore the importance of vigilance and persistence in pursuing justice for those affected.
As of June 11th, 2024, plaintiffs’ lawyers have responded to objections raised against the CPAP settlement. Unlike a class action, this settlement requires individuals to opt-in to receive compensation, preserving their right to pursue independent legal action if they choose not to participate.
The response argues that the objections lack merit. They don’t impact the objectors’ legal rights since they can still pursue individual claims. Additionally, the court shouldn’t alter a private settlement, and the CPAP structure complies with ethical rules. Lawyers are not required to engage in unethical conduct, and the settlement adheres to American Bar Association guidelines. Notably, the response clarifies that the settlement doesn’t restrict attorneys from representing clients against Philips or require them to withdraw from existing cases. It simply prohibits them from advertising for new clients specifically related to this litigation.
As of right now, Phillips is still dealing with recalling devices. They tried to put out medical products that can take images of the torso area. However, the FDA has announced a recall for these products, as they have left patients with serious burn injuries and are not considered safe. It’s important to reach out for legal assistance if you feel that your injuries could have been avoided if Phillips had manufactured their CPAP machines properly.
Philips reached a nearly $1.1 billion settlement in the Philips CPAP, Bi-Level PAP, and ventilator litigation. This settlement includes $1.075 billion for compensating patients who suffered injuries from the recalled devices and $25 million for medical monitoring of potential long-term health risks. Philips set aside an additional $630 million to address the growing number of federal lawsuits. As of mid-2024, no individual cancer injury claims in the federal MDL have reached settlement offers, but economic damages have been addressed, with estimates for individual cancer injury settlements ranging between $100,000 and $500,000 depending on the severity.
Bellwether trials, which are test cases that help predict the outcome of other similar cases, are expected to begin in 2025. These trials are crucial for determining settlement amounts and liability. The recalled Philips devices used polyester-based polyurethane (PE-PUR) foam, which was found to degrade and release potentially toxic and carcinogenic particles. This led to a recall of several models, including various CPAP, BiPAP, and ventilator devices. If you or a loved one were affected by Phillips’ CPAP machines, be sure to reach out to legal counsel who can help with your case. They will ensure that you receive the compensation necessary as the lawsuits are ongoing.
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