Philips CPAP Lawsuit

In June of 2021, Philips Respironics announced a recall for sleep apnea machine models that may increase the risk of developing lung cancer, kidney cancer, liver cancer, and other forms of cancer. The affected products include continuous positive airway pressure (CPAP) machines, Bilevel positive airway pressure (BiPAP) machines, and mechanical ventilators designed to help people with breathing disorders, including sleep apnea. The U.S. Food and Drug Administration (FDA) identified the Philips Respironics recall as the agency’s most serious (Class I).

The Philips recall affects millions of people who rely on these machines to help them with breathing disorders. According to Philips, roughly 80% of the affected products are CPAP machines for people with sleep apnea. Shocked by the news that these products may be linked to cancer and a host of other serious health issues, many are turning to the courts to seek damages against Philips for putting a defective and dangerous product on the market.

September 13, 2023: Last week, Philips Respironics agreed to a partial CPAP settlementworth approximately $479 million to settle class action claims regarding flaws in the company's CPAP breathing machines. The CPAP settlement specifically addresses monetary reimbursements for device users and vendors who financed replacements, with no cap on economic claims that can be made. This means that other CPAP users may be able to qualify for compensation.

The agreement does not cover other claims related to personal injuries or medical expenses resulting from the use of the machines. Those claims will be litigated separately. Some legal experts believe the personal injury and wrongful death cases could be worth billions. 

Under the terms of the CPA class action settlement announced last week, affected consumers will receive compensation ranging from approximately $50 to $1,500. Additionally, Philips will provide $100 for each device returned. The company has revealed that as of September 2023, it has already replaced and delivered nearly 2.5 million devices to U.S. consumers and suppliers.

Philips has been the subject of public scrutiny for failing to promptly inform consumers about the potential flaws in their CPAP breathing machines. Records show that concerns were raised within the company as early as 2015. The FDA has received over 105,000 reports of injuries and 385 reports of deaths possibly linked to the foam degradation in Philips CPAP machines.

What Caused the Philips CPAP Recall?

Philips Respironics cited a serious problem with the polyester-based polyurethane foam that dampens the sound and vibration when the machines are in use. The foam can break down and release small chemical particles into the machine’s airway, which can then be inhaled or ingested. According to the FDA, particulate exposure from Philips sleep apnea machines may have “toxic or carcinogenic effects to organs, such as kidneys and liver.”

CPAP Class Action Lawyers

If you or someone in your family developed cancer after using any of the Philips Respironics CPAP machines, BiPAP machines, or ventilators listed below, you may be eligible to pursue justice and compensation in a lawsuit against the manufacturer. CPAP lawyers represent victims on a contingency fee basis, which means the attorneys only get paid if your case ends in a successful verdict or settlement. If for some reason the litigation does not result in compensation, you would not owe anything.

To learn more about your legal rights and see if you qualify for a CPAP lawsuit, fill out our case evaluation form below or call us at (855) 948-5098.

Which CPAP Machines Did Philips Recall?

According to the U.S. Food and Drug Administration (FDA), the following Philips CPAP machines, BiPAP machines, and ventilators have been recalled:

Recalled CPAP and BiPAP Products: