What is the Status of the Philips CPAP Recall Lawsuit in 2022?

Thousands of individuals are already pursuing a Philips CPAP recall lawsuit, and the size of the litigation is expected to increase throughout 2022. 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.

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.

Repeated use of the sleep apnea or breathing machines exposed users to a risk of long-term Philips CPAP side effects and complex injuries. Therefore, it will likely take several years before the first Philips CPAP lawsuit is ready for trial or settlement.

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 for a Philips CPAP recall lawsuit.

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.

Find Out If You Qualify for a Philips CPAP Recall Lawsuit

Philips CPAP Lawsuit Update: Spring 2022

  • Philips Respironics issued a recall for CPAP, BiPAP and Ventilators on June 14, 2021, and a Philips CPAP recall repair and replacement program was announced in late last year. However, the FDA issued a warning to the manufacturer in March 2022, over its failure to make sure consumers are aware of the problems.
  • Hundreds of Philips CPAP lawsuits filed throughout the federal court system are centralized in the U.S. District Court for the Western District of Pennsylvania, as part of an MDL or multidistrict litigation, where lawyers will engage in coordinated discovery throughout 2022.
  • Lawyers have negotiated a tolling agreement that allows individuals to register their claim and stop the Philips CPAP statute of limitations from expiring on their claim.
  • Philips is NOT voluntarily agreeing to pay CPAP settlements for the substantial injuries and respiratory side effects caused by their recalled sleep apnea machines.
  • The first Philips CPAP lawsuit is not expected to go before a jury until at least 2023, which may lead to settlement negotiations to resolve claims.

Philips Respironics Dreamstation Recall Information

On June 14, 2021, a Philips Respironics DreamStation Recall was issued for various 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.

Users have been urged to seek medical attention if they experience 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, 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 be 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 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.

What Allegations Raised in the Philips DreamStation Recall 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;

CONTACT OUR PHILIPS CPAP CLASS ACTION LAWYERS

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

1

Complete Our Case Evaluation Request Form. Providing contact information and some information about your Philips Respironics Recall claim.

2

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.

3

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.

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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?

At this time, Philips Respironics is refusing to cover the cost of medical treatment for injuries caused by toxic foam in recalled CPAP machines, or engage in individual injury settlement negotiations. However, based on the mounting evidence that demonstrates the reckless and egregious actions of the company, we expect that will change in the future.

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.

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