What is the Status of the Philips CPAP Recall Lawsuit in 2022?
Thousands of individuals have already filed a Philips CPAP recall lawsuit, and the size of the litigation is expected to increase throughout 2022 and 2023. Dangerous and defective foam was used inside millions of Philips DreamStation, CPAP, BiPap and mechanical ventilator devices sold between 2009 and April 2021, which will make this litigation one of the largest mass torts in the U.S.
So what’s the latest Phillips CPAP lawsuit update as of late 2022? Early discovery into common issues that impact all cases is moving forward in the litigation, but it will likely take several years before the first Philips CPAP lawsuit is ready for trial or settlement. New claims are still being investigated for individuals who may have been exposed to toxic particles and chemicals released by defective sound abatement foam. It is not too late to obtain a CPAP lawsuit payout for you or a loved one.
Repeated use of the sleep apnea or breathing machines exposed users to a risk of long-term Philips CPAP symptoms and side effects. The FDA has already received more than 69,000 medical device reports (MDRs) involving CPAP users developing cancer, pneumonia, asthma, chest pain and other injuries as of August 2022, including at least 168 deaths.
Looking for more information on the status of the CPAP Lawsuit in 2022? See the section below for a constant stream of Philips CPAP lawsuit updates and settlement information posted below by our lawyers throughout the litigation.
What are average CPAP lawsuit settlement amounts?
As of 2022, there have not yet been any CPAP lawsuit payouts for the Philips recall, so the average settlement value has not been determined. However, our product liability lawyers expect that this litigation will result in a very wide range of CPAP lawsuit settlement amounts, given the different types of injuries linked to use of the sleep apnea machines, including:
- Cancer, Lymphoma, Leukemia or Tumors
- Pulmonary Fibrosis
- Interstitial Lung Disease (ILD)
- Pulmonary Fibrosis
- Sarcoidosis
- Pneumoconiosis
- Auto-Immune Disorders
- Chronic Asthma
- Chronic Bronchitis
- Recurrent Pneumonia
- Hypersensitivity
- Kidney Disease
- Liver Disease
- Heart Attack
- Heart Failure
- Stroke
- Wrongful Death
These injuries from recalled CPAP machines will have a wide range of consequences for former users and their families. In some cases, users of the sleep apnea machines will make a full recovery from their injury. However, many claims will include substantial damages for permanent lung injury, cancer or wrongful death benefits. In other claims, CPAP users may make a full recovery.
Based on lawsuit payouts in other product liability litigation involving such wide-ranging claims, the average CPAP settlement amounts for each individual could vary between $50,000 to more than $500,000, with some cases receiving substantially larger lawsuit payouts in the millions. However, prior results do not guarantee similar settlements in Philips CPAP lawsuits. As our lawyers continue to provide the latest CPAP class action lawsuit updates, additional information about potential settlement amounts will be added to this page.
All Philips CPAP settlements are being pursued by our lawyers on a contingency fee basis, which means that there are never any fees or expenses unless a CPAP lawsuit payout is obtained.
Philips CPAP Lawsuit Status Update: Fall 2022
- Following a Philips Respironics recall for CPAP, BiPAP and Ventilators issued on June 14, 2021, more than 69,000 reports have been submitted involving health problems from the PE-PUR foam. As Philips CPAP lawsuits are filed in the coming months, it is expected that this will become one of the largest active mass tort litigations in the U.S.
- Nearly all Philips CPAP class action lawsuits and individual injury claims have been filed in the federal court system, where the litigation is centralized before U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania as part of an MDL, for coordinated discovery and pretrial proceedings.
- Judge Conti has already appointed a Philips CPAP settlement master to work with the parties over the coming months on early attempts to settle lawsuits. Otherwise, it is expected that a small group of representative “bellwether” claims will be prepared for early Philips CPAP trials in 2023, to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the cases.
- A Philips CPAP recall repair and replacement program was announced in September 2021, but the FDA issued a warning to the manufacturer in March 2022 over its failure to make sure consumers are aware of the problems, and individual CPAP settlements for injuries caused by the machines are still not being offered by Philips Respironics.
- New Philips CPAP lawsuits continue to be filed for individuals diagnosed with cancer, lung damage, respiratory injuries and other side effects.
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2022 Philips CPAP Lawsuit Updates
September 2022 Update: There are 323 Philips CPAP cases filed in the federal MDL, but tens of thousands of additional claims are already registered on a tolling agreement. This month Judge Conti will hold a Science Day Presentations, which will allow both parties to educate the court on the evidence about how the CPAP foam causes cancer and other side effects.
July 2022 Update: Presiding Judge Conti issued a case management order (PDF), instructing lawyers to begin engaging in fact discovery to gather case-specific information for each claim. This is the first step in the Philips CPAP Litigation, and will help prepare for a future “bellwether” program where small groups of representative claims are prepared for early trial dates.
May 2022 Update: With thousands of Philips CPAP lawsuits expected to be filed by users who developed various types of cancer, lung damage, kidney disease, liver disease and other side effects, a federal magistrate judge has been appointed as Philips CPAP settlement master, to work with the parties to facilitate negotiations that may resolve claims without the need for individual jury trials to be scheduled.
April 2022 Update: Following a scathing Notification Order sent to Philips by the FDA, accusing the manufacturer of failing to warn users and healthcare industry professionals, the Department of Justice (DOJ) sent subpeanoes to Philips Respironics and its U.S. subsidiaries this month, indicating Philips may be forced to produce documents or other tangible objects for an investigation.
March 2022 Update: As Philips continues to face a mounting litigation over defective sound abatement foam linked to cancer, respiratory illnesses and other serious health issues, the FDA sent a Notification Order to Philips on March 10, indicating the manufacturer has failed to meet federal requirements for medical device recalls. The notice states Philips has failed to adequately inform the device users, retailers, distributors, health care providers and durable medical equipment suppliers about the recall and the health risks linked to the PE-PUR foam.
February 2022 Update: Judge Conti issued a pretrial order (PDF) on February 15, appointing 33 Philips CPAP injury attorneys to various leadership roles, who will be tasked with arguing motions, taking deposition of common witnesses, reviewing discovery documents and other actions.
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2021 Philips CPAP Lawsuit Updates
December 2021 Update: Judge Conti granted an emergency motion (PDF) that prohibits the manufacturer from destroying critical evidence during Philips DreamStation recall repairs, requiring that it preserve the PE-PUR foam, memory cards and other physical evidence.
November 2021 Update: The FDA released a CPAP replacement foam warning on November 12, indicating the proposed silicone sound abatement foam being used to replace the polyester-based polyurethane (PE-PUR) foam in recalled Philips CPAP/BiPAP machines also may release volatile organic compounds (VOC), which have been linked to cancer and other serious side effects.
October 2021 Update: With more than 100 Philips CPAP machine personal injury and class action lawsuits already filed in district and federal court systems, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued a transfer order (PDF) on October 8, centralizing all cases filed in federal court in the Western District of Pennsylvania, under U.S. District Judge Joy Flowers Conti.
The JPML decided to centralize the litigation after concluding each lawsuit raises similar allegations that exposure to the deteriorating sound abatement foam exposed users to a risk of cancer, severe respiratory problems and other health complications.
September 2021 Update: Philips announced that the FDA has granted approval to move forward with a CPAP machine repair/replacement program, since millions of users have been told to immediately stop using their device unless it is providing life-sustaining therapy due to risks that defective PE-PUR sound abatement foam could deteriorate and enter a users airways, causing serious side effects.
June 2021 Update: A Philips CPAP machine recall was announced impacting millions of sleep apnea devices and ventilators that contain PE-PUR sound abatement foam that has the potential to degrade into particles and enter the device’s air pathway. The recall warns users may ingest or inhale foam particles or gasses that could lead to side effects.
CPAP Lawsuit Updates and Info On This Page
Philips Respironics CPAP Machine Recall Information
2022 Philips Recalls
What Allegations Raised in the Philips DreamStation CPAP Lawsuit?
Are there any costs to hire a Philips CPAP Lawyer?
Steps in an Philips DreamStation Lawsuit Evaluation
Philips CPAP Lawsuit Settlement Information
Do You or a Loved One Qualify for a Philips CPAP Lawsuit Settlement?
Philips Respironics CPAP Machine Recall Information
On June 14, 2021, a Philips Respironics DreamStation Recall was issued for millions of different CPAP Machines, BiPAP Machines and Ventilators, which contained PE-PUR sound abatement foam.
The FDA categorized the action as the most serious type of medical device recall, suggesting that exposure to the recalled Philips Respironics sleep apnea machines may pose a risk of severe injury or death.
There is substantial evidence that users face a Philips CPAP cancer risk and other long term health complications. Therefore, immediate medical attention should be sought if you or a loved one have experienced symptoms of a Philip CPAP injury, including:
- Headaches (sometimes referred to as “CPAP Headaches”)
- Dizziness
- Eye, Skin, Nose or Respiratory Tract Irritation
- Persistent Cough
- Chest Pressure
- Nausea and Vomiting
Why is there a recall on Philips Respironics CPAP machines?
The defective polyester-based polyurethane foam used in recalled Philips machines was intended to reduce sounds and vibrations. However, the CPAP machine foam breaks down and may cause toxic chemicals and gas to enter the lungs or body.
Many users have reported finding black particles or debris in the mask, tubing or air pathways of their Philips DreamStation or CPAP machines. However, even if no visible evidence is seen, the Philips CPAP machine foam deterioration may expose users to harmful substances that are known to increase the risk of serious and potentially life-threatening health complications, including:
- Bladder, Lung, Kidney, Liver, Colon and Other Cancers
- Pulmonary Fibrosis, Interstitial Lung Disease, Sarcoidosis and Other Lung Damage
- Liver Disease, Kidney Disease, Heart Attack, Heart Failure or Stroke
How many Philips Respironics breathing machines were recalled?
Reports suggest that about 15 million devices sold between 2009 and April 26, 2021 contain defective PE-PUR sound abatement foam, which may pose serious health risks for users when it degrades or breaks down.
The vast majority of these recalled sleep apnea machines are part of the “DreamStation” line of CPAP therapy, which were first introduced in October 2015. Most of these recalled DreamStation machines were purchased within five years before the recall and were still considered within the expected life-cycle for the device.
How long were problems with Philips CPAP foam known to the manufacturer?
According to information uncovered since the recall, it appears that Philips Respironics knew or should have known about the problems with CPAP foam deteriorating long before the first warnings were issued for users of the machines.
In November 2021, an FDA inspection report outlined a long history of issues that were ignored by the company:
- October 2015 email between Philips and a raw foam supplier documented that the company was aware of polyester polyurethane foam deteriorating.
- April 2018 email confirmed that Philips was aware it had received reports of foam degrading and of disintegrated foam being pulled into the machines or patient air pathways.
- June 2018 field repair was conducted after a breathing unit failed due to foam issues, and the affected roam was later found to be “mutagenic, cytotoxic, carcinogenic and non-biocompatible.”
- Between January 2008 and November 2021, an FDA search of consumer complaints submitted to Philips Respironic identified over 222,000 reports that contained keywords like “contaminants, particles, foam, debris, airway, particulate, airpath and black”.
- Philips Respironics was aware of at least 14 instances, assessments or test reports between April 2016 and January 2021 relate to potential foam degradation or volatile organic compounds (VOC) released by various sleep and respiratory care products.
- January 2020 report documents a DreamStation 1 that failed emissions testing for VOCs and formaldehyde compounds.
- Despite complaints and reported foam deterioration problems, Philips Respironics conducted no formal investigation, risk analysis or conducted other steps that may have protected consumers for years.
Which Philips CPAP Machines are being recalled?
According to an CPAP machine FDA recall notice issued on June 30, 2021, the following Philips Respironics sleep apnea and breathing devices sold between 2009 and April 2021 may pose serious health risks:
CPAP and BiPAP Device Recalls
Non-Continuous ventilators:
- DreamStation
- DreamStation Go
- Dorma 400
- Dorma 500
- REMstar SE Auto
Continuous ventilators, non-life supporting:
- DreamStation ASV
- DreamStation ST, AVAPS
- System One ASV4
- C-Series ASV
- C-Series S/T and AVAPS
- OmniLap Advanced+
Continuous ventilator for facility use:
- E30 (Emergency Use Authorization Due to COVID-19 Pandemic)
Philips Ventilator Recalls:
Continuous ventilators:
- Trilogy 100
- Trilogy 200
- Garbin Plus, Aeris, LifeVent
Continuous ventilators for facility use:
- A-Series BiPAP Hybrid A30 (sold outside the U.S.)
- A-Series BiPAP V30 Auto
Continuous ventilators, non-life-supporting:
- A-Series BiPAP A40
- A-Series BiPAP A30
What other health risks may be experienced by owners of the recalled sleep apnea machines?
In addition to a potential risk of cancer, heart and respiratory injuries may be caused by exposure to the defective sound abatement foam in Philips sleep apnea machines. Owners of these devices also face other health risks after being suddenly left without access to critical CPAP therapy.
Sleep apnea is a chronic condition that results in a repeated collapse of the upper airway during sleep. When this occurs, oxygen is prevented from reaching the lungs, resulting in a buildup of carbon dioxide. If the brain senses this buildup, it will briefly wake the person up so that they can keep their airway open.
Without CPAP therapy to treat sleep apnea, these sleep interruptions may have a severe impact on overall health, resulting in:
- Excessive daytime sleepiness or fatigue
- Reduced mental energy or mental performance
- Depression
- Hypertension
- Heart Attack
- Heart Disease
- Stroke
- Other long-term health side effects
Health problems from sleep apnea typically return very quickly without the continued use of a CPAP machine, which was no longer available for a period of time for many individuals following the June 2021 Philips DreamStation recall.
Should you stop using your recalled Philips machine?
Owners of recalled CPAP and BiPAP machines have been advised to stop using the device immediately and talk to healthcare providers about treatment alternatives. This may include another similar CPAP sleep apnea machine that is not recalled, or alternative treatments like positional therapy, mouth appliances or retainers.
Continue using the recalled CPAP machines only if your doctor advises that the benefits outweigh the potential risks.
For individuals reliant on recalled Philips ventilators for life-sustaining treatment, health officials are warning not to stop using the device until after you have spoken with a health care provider, as the benefits of continued use may outweigh the potential risks.
Where can you obtain a Philips DreamStation recall repair or replacement?
Following the 2021 Philips DreamStation recall, replacement sleep apnea machines were in extremely short supply. Since Philips CPAP replacements were not immediately provided for owners of the recalled machines, many users have been forced to purchase new devices on their own.
Alternative CPAP machines sold by ResMed, Inc. are in limited supply, and prices for purchasing the replacement sleep apnea machine have sharply increased.
Philips is marketing a new DreamStation 2 product, which it maintains does not suffer the same foam problems. The company has also initiated a repair program, where the PE-PUR foam will be replaced with another material. However, the safety of these Philips CPAP repairs have not been independently verified, and the FDA has already expressed similar concerns about the risk that the replacement silicone foam may release toxic chemicals into the machine’s air pathways.
In March 2022, the FDA issued an updated series of Frequently Asked Questions, which provided new information about how consumers can request a prioritized replacement of their Philips CPAP machine.
Did SoClean cause the Philips CPAP Recall?
Although several statements were made by Philips Respironics following the recall that suggested ozone cleaning products like SoClean caused Philips DreamStation foam to degrade, the responsibility for this recall still rests squarely on Philips for manufacturing and selling an unreasonably dangerous and defective machine.
Years before the recall, Philips knew the polyester-based polyurethane foam material may breakdown and release toxic chemicals. However, the company failed to take any corrective action or warn consumers.
While SoClean may cause Philips CPAP foam to breakdown at a quicker rate, so do other factors, such as exposure to high heat or humidity. Ultimately, Philips is still responsible for the recall and design decisions that placed toxic foam directly into the CPAP machine’s air pathways.
2022 Philips CPAP Recalls
August 2022 Philips BiPAP Recall: A separate Philips BiPAP recall was issued on August 29, 2022, impacting hundreds of machines that were equipped with a plastic component in the motor that can also release cancerous chemicals known as volatile organic compounds (VOCs) directly into the user’s air pathways. Many of these recalled Philips BiPAP machines were also included in the 2021 PE-PUR foam recall, but it now appears there are two potential sources of toxic chemicals that could leave users with long-term injuries, including:
- Toxic Cancer-Causing Effects
- Headache
- Dizziness
- Irritation in the Eyes, Nose
- Respiratory Issues
- Allergic and Skin Reactions
- Immune System Reactions
- Nausea or Vomiting
The 2022 Philips BiPAP recall impacts the following models:
- A-Series BiPAP A30 (Ventilator)
- A-Series BiPAP A40 (Ventilator)
- A-Series BiPAP V30 (Auto Ventilator)
- OmniLab Advanced+
September 2022 Recall: The FDA announced yet another Philips recall impacting 17 million BiPAP and CPAP masks on September 6, 2022, involving problems with magnets used to hold the CPAP headgear clips. The FDA indicates that these Philips CPAP mask magnets may interfere with implanted medical devices, resulting in serious and potentially life-threatening side effects
The recalled Philips CPAP masks include;
- Amara View Full Face Mask
- DreamWisp Nasal Mask
- DreamWear Full Face Mask
- Wisp and Wisp Youth Nasal Mask (Patients 40lbs or more)
- Therapy Mask 3100 NC/SP (Patients 40lbs or more)
Magnets in the recalled CPAP masks could can affect the functioning or induce movement of implanted metallic devices or metal devices in the body, warning those with life-saving implanted metallic devices could experience the following;
- Cerebral spinal fluid and ventriculoperitoneal shunts: potential increased pressure on the eye or brain, which may be fatal.
- Aneurysm clips: disrupted suture lines or clip separation, which may be fatal.
- Pacemakers: heart block or irregular heartbeat, which may be fatal.
- Cardioverter defibrillators: may fail to shock, which may be fatal.
- Neurostimulators: compression of the brain, seizures, or lead migration, which may be fatal.
Philips has instructed customers with implanted medical devices to keep the magnetic mask at least six inches away from metallic devices at all times while you consult with your healthcare provider to determine if another mask can be used.
What Allegations Raised in the Philips DreamStation CPAP Lawsuit?
Individual injury claims and Philips CPAP lawsuits are being pursued for individuals exposed to the defective foam in these recalled sleep apnea machines, alleging that the manufacturer:
- Knew about the CPAP machine foam problems long before announcing a recall;
- Failed to warn the public until June 2021, concealing information about the risk until the company launched a new DreamStation2 product that does not suffer the same foam degradation issues;
- Negligently continued selling dangerous and defective products without warning consumers;
- Failed to adequately warn about the long-term side effects of exposure to the CPAP machine sound foam;
- Failed to immediately replace recalled CPAP and BiPAP machines with safer models;
- Placed the desire for profits before consumers safety;
Are there any costs to hire a Philips CPAP Lawyer?
There are absolutely no out-of-pocket costs to review your case or hire our Philips CPAP machine recall attorneys. Potential claims are evaluated for individuals throughout the United States, and all cases are handled on a contingency fee basis. This means you pay nothing up front to hire our CPAP recall lawyers, and we only receive an attorney fee or expenses if a payout is obtained.
Through the use of contingency attorney fees, individuals have access to the experience and resources of our national law firm for their Philips Respironics lawsuit settlement – regardless of their individual financial resources.
You pay nothing up front hire our sleep apnea machine lawyers, and we only receive an attorney fee or expenses out of the money that is obtained from the drug makers. Our law firm receives nothing unless we win your case!
Request a free consultation and Philips respironics lawsuit review online or call 1-800-522-0102 to get started. There are no attorney fees or expenses unless you win a settlement or recovery!
Steps in an Philips DreamStation Lawsuit Evaluation
Complete Our Case Evaluation Request Form. Providing contact information and some information about your Philips Respironics Recall claim.
Get Contacted by Saiontz & Kirk, P.A. You will be contacted by our law firm to help determine if financial compensation may be available for you and your family.
You Decide If You Want to Move Forward. If our lawyers determine that we can help with your Philips Respironics CPAP recall case then you decide whether to move forward and hire our us to pursue compensation.
Contact Saiontz & Kirk, P.A. For A
FREE CONSULTATION AND CASE EVALUATION
Philips CPAP Lawsuit Settlement Information
Unfortunately, Philips Respironics is not currently offering to pay fair settlements or compensation to owners of recalled DreamStation, CPAP, BiPAP and ventilator machines. The manufacturer’s proposed recall settlement program may cause owners to lose important legal rights. Therefore, Philips CPAP recall lawsuits will need to proceed through the court system to force the manufacturer to take proper accountability for their reckless and egregious actions.
What is the status of Philips CPAP settlement negotiations?
The U.S. District Judge presiding over all lawsuits filed throughout the federal court system appointed a Philips CPAP settlement master in May 2022, to work with the parties early in the litigation to help facilitate the resolution of early claims and disputes. However, there has not been any global settlements or Philips CPAP lawsuit payouts.
At this time, Philips Respironics is still refusing to cover the cost of medical treatment for injuries caused by toxic foam in recalled CPAP machines, or make a good faith attempt to settle CPAP lawsuits. However, based on the mounting evidence that demonstrates the reckless and egregious actions of the company, we expect that will change in the future.
While some analysts have suggested that the Philips CPAP repair and replacement program will resolve this litigation, that is not the case.
In addition to any costs or damages associated with loss of use of their sleep apnea machine or replacing defective DreamStation products with a new CPAP or Bi-PAP machine, individuals who have suffered a potential physical injury after exposure to the toxic sound abatement foam particles may be entitled to an individual Philips CPAP machine settlement.
Compensation through a Philips CPAP recall class action lawsuit may be limited to replacement costs or other damages that are similar among all owners. However, through an individual Philips Respironics DreamStation lawsuit you will be entitled to recover the compensation and benefits you deserve.
Contact our lawyers today to find out if symptoms or an injury experienced following use of a recalled Philips CPAP machine may make you eligible to pursue an individual settlement.
How much money will I get to settle my Philips CPAP lawsuit claim?
In determining the amount of any individual Philips CPAP lawsuit settlement, the following are some of the common factors that will be taken into consideration when negotiating or evaluating any offers:
- The extent and duration of exposure to the Philips CPAP machine
- Specific side effects of breathing the CPAP machine foam debris that have been diagnosed, or injuries that resulted from loss of use of the recalled DreamStation for a period of time;
- The amount of any past or future medical expenses incurred as a result of the sleep apnea machine recall;
- The amount of any lost wages or loss of earning capacity
- The effect of the CPAP machine recall on the owner’s overall physical and mental health or well-being;
- The pain and mental anguish suffered in the past and that may likely be suffered in the future;
- Additional damages consumers may be entitled to receive due to settle their case, since the manufacturer will likely face punitive damage for recklessly disregarding the health and well-being of consumers
How long may it take to receive my Philips CPAP lawsuit payout?
Following the first announcement of the Philips recall, the first personal injury complaints and CPAP machine class action lawsuits were filed within weeks, and it is expected that this litigation may become one of the largest mass torts in U.S. history. However, unfortunately, it is likely to take several years for individual owners to receive fair and appropriate Philips CPAP settlement payouts.
In complex product liability litigation, it is not uncommon for the manufacturer to force several early “bellwether” cases to go to trial before they agree to begin settlement negotiations. However, based on the strength of the evidence currently available, our Philips CPAP machine recall lawyers believe that this litigation will move promptly and efficiently.
Do You or a Loved One Qualify for a Philips CPAP Lawsuit Settlement?
If you or a loved one has used any recalled Philips Respironics machines listed above, the personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals review the legal options that are available to them. After contacting our office toll free at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential Philips CPAP lawsuit will be reviewed and evaluated.
If it is determined that you or a loved one may be eligible for financial compensation or a settlement, it is your decision whether to hire our law firm. All Philips Dreamstation lawsuits are handled by our CPAP recall attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful in obtaining a settlement or other recovery in your case.