Philips CPAP Lawsuit Status Update
- Philips Respironics issued a recall for CPAP, BiPAP and Ventilators on June 14, 2021, impacting millions of machines sold since 2009, which were designed with a toxic sound abatement foam that is prone to degrade and break down, releasing chemicals and gasses into the air pathways.
- The FDA received over 105,000 adverse event reports from recalled device users involving health problems related to their exposure to the PE-PUR foam.
- Thousands of Philips CPAP class action lawsuits and individual injury claims were filed in the federal court system, where the litigation was centralized before U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania as part of an MDL.
- Judge Conti appointed a Philips CPAP settlement master to assist the parties during settlement negotiations as attorneys worked to prepare a series of early bellwether trials
- In September 2023, a Philips CPAP class action lawsuit settlement was proposed to resolve economic loss claims, allocating $445 million to those who purchased, rented, or leased the recalled CPAP or BiPAP devices. An additional $34 million was allocated for health insurers and other entities that compensated users for machine replacements.
- In April 2024, Philips agreed to pay $1.075 billion to resolve CPAP, BiPAP and Ventilator personal injury claims and $25 million to resolve medical monitoring claims, for a total settlement agreement of $1.1 billion for eligible claimants.
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2024 Philips CPAP Lawsuit Updates
April 29, 2024 Update: In an April 2024 investment report, Roy Jakobs, the CEO of Royal Philips, announced that a Philips CPAP injury and medical monitoring lawsuit settlement had been reached, resolving most, if not all, Philips CPAP lawsuits being pursued throughout the federal court system. Jakobs declared that the company is set to disburse $1.1 billion in settlements for Philips CPAP injuries, with payments starting in 2025. Of this total, insurers are responsible for $40 million, while the remaining funds will be drawn from the company’s earnings.
April 15, 2024 Update: On April 9, U.S. District Judge Robert Colville of the Western District of Pennsylvania approved a consent decree between Philips and the U.S. Food and Drug Administration (FDA). The agreement prohibits Philips from manufacturing or distributing CPAP and BiPAP devices from its facilities in Pennsylvania and California. This restriction will remain until Philips demonstrates to the FDA that these facilities adhere to recognized manufacturing standards and comply with a remediation plan. This plan includes repairing or replacing recalled devices with safe alternatives.
March 21, 2024 Update: Philips and Plaintiffs’ co-lead counsel filed a joint motion (PDF) asking Judge Conti to approve the filing of a Master Third-Party Complaint, which would allow Philips to add the manufacturers of SoClean ozone cleaning devices as an additional defendant in the litigation. Since the recall, Philips has claimed that SoClean’s ozone cleaning devices have contributed to the deterioration of the machines’ sound foam, leading various user injuries.
March 14, 2024 Update: Philips Respironics filed a motion to dismiss (PDF), accompanied by a 212-page memorandum of law (PDF) seeking a federal judge’s dismissal of injury lawsuits linked to the recalled Philips CPAP and BiPAP devices. The company contends that these lawsuits, brought by individuals claiming to have developed cancer and other side effects from toxic foam in the devices, are precluded by federal law and asserts that the plaintiffs’ submissions are insufficient.
March 11, 2024 Update: The U.S. Judicial Panel on Multidistrict Litigation’s latest docket report reveals that there are 748 Philip CPAP lawsuits currently active in the multidistrict litigation as of March 1, with thousands of additional claims suspected to be registered under the tolling agreement.
February 1, 2024 Update: Philips Respironics has agreed to suspend U.S. sales of its CPAP, BiPAP, and mechanical ventilator devices until 2025, as part of a Philips CPAP settlement with the FDA and U.S. Department of Justice. Philips indicated to the Securities and Exchange Commission that the company has allocated $393 million for remediation efforts. Just two days after this announcement, the FDA reported that recalled Philips CPAP machines and other breathing assistance devices have been associated with over 116,000 medical device reports (MDRs) and 561 deaths.
January 5, 2024 Update: Philips filed a counterclaim against SoClean on January 5, 2024, alleging SoClean knew their ozone-based cleaning products could eat away at the PE-PUR sound abatement foam in CPAP, yet failed to issue any warnings. The lawsuit claims the ozone cleaners from SoClean emit a harmful gas which can degrade the sound abatement foam, and were falsely advertised as being safe and suitable for use with Philips’ CPAP and BiPAP devices.
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2023 Philips CPAP Lawsuit Updates
June 2023 Update: The U.S. Food and Drug Administration (FDA) issued an updated case count of Philips CPAP medical device reports on June 2, 2023, warning the number of adverse events associated with the toxic CPAP foam has now surpassed 105,000 reports, including 385 deaths.
May 2023 Update: As the two year anniversary of the initial Philips CPAP recall approaches next month, the U.S. JPML issued an updated MDL Statistics Report indicating there are now a total of 518 Philips recall lawsuits pending in the Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Liability Litigation. However, tens of thousands of claims are registered on a tolling agreement, while parties bellwether litigation moves forward and Philips CPAP settlement negotiations continue.
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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.
Philips CPAP Lawsuit Injuries Investigated
The Philips CPAP lawyers at Saiontz & Kirk, P.A. previously investigated lawsuits for individuals who used a recalled Philips Respironics CPAP, BiPap or ventilator for at least six months and developed any of the following cancers or conditions:
Cancer, Lymphoma or Leukemia:
- Lung Cancer
- Esophageal Cancer
- Sinus Cancer
- Nasal Cancer
- Throat Cancer
- Tonsil Cancer
- Thyroid Cancer
- Kidney Cancer
- Liver Cancer
- Bladder Cancer
- Non-Hodgkin’s Lymphoma (NHL)
- Multiple Myeloma
- Acute Myeloid Leukemia (AML)
Lung Damage and Other Injuries:
- Pulmonary Fibrosis
- Interstitial Lung Disease (ILD)
- Respiratory Failure (ARDS)
- Reactive Airway Disease (RAD)
- Sarcoidosis
- Acute Inhalation Injury
- Pleural Effusion
- Pneumonia
- New or Worsening Asthma
- Kidney Damage/Disease
- Liver Damage/Disease
- Other Diagnosed Lung Damage or Respiratory Injury
Following the 2024 Philips CPAP lawsuit settlement, our lawyers are no longer reviewing new cases.
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 Philips CPAP cancer risks 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 were recalled?
According to the 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 Recall List:
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 Recall List:
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 machines included on the CPAP recall list 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 Were Raised in Philips CPAP Lawsuits?
The allegations previously raised in Philips CPAP injury lawsuits claimed 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;
Philips CPAP Injury Lawsuit Settlement Information
In April 2024, Philips Respironics agreed to settle personal injury and medical monitoring claims brought by former users of recalled CPAP, BiPAP and ventilator machines for $1.1 billion.
The $1.1 billion Philips CPAP lawsuit settlement resolved personal injury claims for individuals who developed any of the following injuries after using a recalled Philips device;
- Acute myeloid leukemia (AML)
- Acute respiratory distress syndrome
- Bronchiectasis
- Certain esophageal cancers (limited to upper- and mid-esophageal cancers)
- Certain limited thyroid cancers (limited to poorly differentiated/anaplastic)
- Chronic bronchitis
- Chronic myeloid leukemia (CML)
- Hypopharynx cancer
- Larynx cancer
- Lung cancer
- Mucosa associated lymphoid tissue (MALT) of the air-pathway lymphoid tissue
- Nasal cavity/sinus cancer
- Nasopharynx cancer
- New or worsening asthma
- New or worsening COPD
- Oral cavity cancers
- Other interstitial lung disease
- Other obstructive or restrictive lung disease
- Oropharynx cancer
- Pneumonitis
- Pulmonary fibrosis
- Reactive airways dysfunction syndrome
- Salivary cancer
- Sarcoidosis
Following the 2024 Philips CPAP lawsuit settlement, our lawyers are no longer reviewing new cases.
Philips CPAP Class Action Settlement Reached for Economic Losses
A Philips CPAP class action lawsuit settlement for economic damages was also reached in September 2023, providing class members compensation for the financial losses associated with the cost or purchasing, renting or leasing the recalled devices.
On September 7, 2023, a motion was presented seeking the approval of the U.S. District Judge for a class action settlement concerning economic damages linked to the recalled Philips CPAP, BiPAP, and ventilator devices.
In the motion, Philips pledged to allocate $445 million as compensation to individuals who either purchased, rented, or leased the recalled devices. Additionally, a separate fund of $34 million will be set aside for reimbursing health insurance companies and associated parties that carried the expenses of replacing the faulty devices while the company struggled to complete its repair program.
In the settlement agreement, individuals will have several ways to receive compensation for economic damages caused by the defective devices. Below we will outline the specific award for each device that will be issued under the economic damages settlement agreement.
Philips CPAP Device Payment Awards
The settlement of the Philips CPAP class action lawsuit has allocated $309,082,312 specifically for Device Payment Awards, aimed at reimbursing users of the recalled devices.
Compensation from this fund will be transferred to the “User Settlement Fund” in two installments. The initial installment, accounting for 25% of the total sum, is due within 14 days following the “MDL Court Final Approval.” The subsequent payment, covering the remaining 75%, will be issued by the “Effective Date,” which marks the official implementation of the agreement’s terms.
The Device Awards compensation is a predetermined amount, contingent on the exact device model in question. The following list provides detailed breakdowns for each device:
- System One 50 Series ASV4 (Auto SV4): $469.14
- System One 50 Series Base: $69.14
- System One 50 Series BiPAP: $159.46
- System One 60 Series ASV4 (Auto SV4): $424.32
- System One 60 Series Base: $68.24
- System One 60 Series BiPAP: $152.70
- C-series S/T, AVAPS (C-series and C-series HT): $394.37
- DreamStation CPAP: $55.63
- DreamStation ASV: $379.50
- DreamStation ST, AVAPS: $329.05
- DreamStation BiPAP: $130.63
- DreamStation Go: $107.43
- E30: $453.83
- OmniLab Advanced Plus: $165.99
- Trilogy 100/200, Garbin Plus, Aeris LiveVent: $1,552.25
- V30 auto: $67.12
Philips CPAP Device Return Awards
Under the terms of the class action settlement, Philips has committed to establishing a $136 million fund that will pay individuals $100 for each returned device. Furthermore, a provision of $10 million has been made by Philips to compensate those who purchased, rented or leased replacements devices between June 14, 2021, and September 7, 2023. The manufacturer has pledged to add another $5 million to this fund, if required.
To qualify for this reimbursement:
- The new device must have been purchased personally by the claimant.
- The purchase date should fall between June 14, 2021, and September 7, 2023.
- At the time of this purchase, Philips should not have provided the claimant with a repaired or rectified version of their recalled device.
Reimbursement eligibility is subject to meeting the requirements of the Philips’ “Comparable Replacement Devices List,” which aligns each recalled device with a suitable replacement. In cases where an individual chooses a device outside this list, a “Settlement Administrator” will evaluate its comparability. Should the selected device exceed the cost of Philips’ suggested alternative, the reimbursement will be capped at the cost of the equivalent device on the list.
The specific device pairings and their respective reimbursements are delineated below:
- System One 50 Series ASV4 (Auto SV4): Comparable is ResMed Aircurve 10 ASV
- System One 50 Series Base: Comparables are ResMed Airsense 10, ResMed AirSense 11, React Health Luna II CPAP, React Health Luna G3 CPAP or Philips DreamStation 2
- System One 50 Series BiPAP: Comparables are ResMed Aircurve 10 S, ResMed AirCurve 10 VAuto or React Health Luna G3 BiLevel 25A
- System One 60 Series ASV4 (Auto SV4): Comparables are ResMed Aircurve 10 ASV
- System One 60 Series Base: Comparables are ResMed Airsense 10, ResMed AirSense 11, React Health Luna II CPAP, React Health Luna G3 CPAP or Philips DreamStation 2
- System One 60 Series BiPAP: Comparables are ResMed Aircurve 10 S, ResMed AirCurve 10 VAuto or React Health Luna G3 BiLevel 25A
- C-series S/T, AVAPS (C-series and C-series HT): Comparables are ResMed Aircurve 10 ST, ResMed Aircurve 10 ST-A, React Health Luna II CPAP or React Health Luna G3 BiLevel ST30VT
- DreamStation CPAP: Comparables are ResMed Airsense 10, ResMed AirSense 11, React Health Luna G3 CPAP or Philips DreamStation 2
- DreamStation ASV: Comparable are ResMed Aircurve 10 ASV
- DreamStation ST, AVAPS: Comparables are ResMed Aircurve 10 ST, ResMed Aircurve 10 ST-A or React Health Luna G3 BiLevel ST30VT
- DreamStation BiPAP: Comparables are ResMed Aircurve 10 S, ResMed AirCurve 10 VAuto or React Health Luna G3 BiLevel 25A
- DreamStation Go: Comparables are ResMed AirMini, Z1/Z2 Travel CPAP or Transcend Travel CPAP
- E30: ResMed Astral, Lowenstein LUISA
- OmniLab Advanced Plus: Comparable is ResMed S9 VPAP Tx Lab System
- Trilogy 100/200, Garbin Plus, Aeris LiveVent: Comparables are ResMed Astral 100 or React VOCSN
- V30 auto: Comparable are ResMed Astral or ResMed S9 VPAP Tx Lab System
Philips CPAP Payer Awards
Within the Philips CPAP class action settlement, Philips has allocated $34,000,000 specifically for “Payer Awards,” designated for insurance companies and similar entities that absorbed device costs for their clients. The compensation each payer will receive is dependent on their market share. This share is derived from the count of individuals they insured within the U.S. and the cumulative direct premiums collected during 2021 and 2022.
A designated administrator from the settlement will establish this market share percentage, utilizing industry metrics and details from forms provided by the payers.
Philips CPAP Machine Extended Warranties
Philips has also agreed to extend the warranties on devices for individuals who were given a “Remanufactured Device” during the recall. A “Remanufactured Device” pertains to any equipment either repaired or replaced by Philips following the initial recall. Here’s a breakdown of the extended warranty specifics:
- Two-Year Comprehensive Warranty for Replacement Devices: If Philips provided you with a substitute device having a distinct serial number from your original recalled unit, you are entitled to a two-year warranty. This warranty encompasses potential defects in material or workmanship.
- Two-Year Limited Warranty for Repaired Devices: If your original device was repaired and returned by Philips (retaining the same serial number), it will come with a two-year warranty. It’s noteworthy that this warranty exclusively pertains to the parts that were repaired, rather than the complete device.
The commencement of these two-year warranties is marked by the date the remanufactured unit was either dispatched directly to the recipient or set up through a medical equipment distributor.
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