Philips CPAP Lawsuits

In early September 2023, Philips offered to settle CPAP class-action lawsuits that claimed damages resulting form recalled machines. Bellwether trials in the Philips CPAP multidistrict litigation could occur as early as 2024 for lawsuits that claim the devices led people to develop cancer and other health problems. Senior U.S. District Judge Joy Flowers Conti will preside over all federal CPAP lawsuits against Philips.

Phillips put aside an additional $630 million to resolve CPAP lawsuit claims in response to the recent growth in federal CPAP lawsuits against the company. Phillips also recorded financial losses earlier in 2023, partly because of continuing issues with the company’s breathing devices.

In September 2023, Philips offered to settle a CPAP class-action lawsuit seeking economic damages, but there haven’t been any court-approved CPAP lawsuit settlements for CPAP injury claims. Lawyers estimate that potential CPAP lawsuit settlement amounts for cancer injuries may be between $100,000 and $500,000. Depending on the severity of the plaintiff’s injuries, the amount could vary in individual cases.

In March 2023, Philips CEO Roy Jakobs said that the company hoped to reach a settlement related economic damages later this year, Reuters reported. Philips also hoped to reach a settlement with the U.S. Food and Drug Administration in late 2023.

Jakobs said any settlements for CPAP lawsuits that claim defective devices caused CPAP users to develop cancer will likely take longer. So far, the company has set aside about $630 million for class action lawsuits.

Jury verdicts for lawsuits that go to trial tend to be higher than settlement amounts, but not all cases go to trial. Trials can last years, and there is no guarantee of a jury verdict. Depending on your circumstances, opting for a settlement may be a better option. Make sure you discuss all your options with your CPAP lawsuit lawyer.

People are filing Philips CPAP lawsuits because the polyester-based polyurethane – PE-PUR – sound abatement foam in recalled Philips CPAP, BiPAP and ventilator devices may degrade. Lawsuits claim degraded Philips’ CPAP foam can cause cancer and organ damage.

Lawsuits claim Philips failed to warn the public of health risks despite receiving injury reports. Injuries include headaches, airway irritation, chest pressure, cough and sinus infection.

As of April 2023, the FDA received more than 98,000 medical device reports, including 346 deaths linked to degraded PE-PUR foam. The reports, received between April 2021 and December 31, 2022, include cancer, pneumonia, dizziness, asthma, headache, infection, cough, difficulty breathing and chest pain.

Philips attributed some foam degradation to ozone cleaning machine use. Manufacturer SoClean, Inc. sued Philips and filed an amended complaint referencing the FDA’s report in December 2021. The complaint claims Philips knew the foam could cause “serious risk of harm” for years, but instead of warning the public, it focused blame on SoClean.

Lawsuit Documents Show Philips Knew About CPAP Risks

In June 2022, unsealed court documents revealed that Philips knew about problems with its foam for at least three years before the recall. Philips claimed off-gassing chemicals from its PE-PUR foam wouldn’t cause health problems unless exposed to ozone cleaners, which made the foam 14 times more likely to degrade.

The FDA issued another recall – a Class I Recall – for the reprogrammed replacement devices because of safety issues with the settings. The FDA also released a statement in April 2023 addressing the number of replacement Philips CPAP devices from the most recent replacement recall. The FDA stated that the number of replacement devices sent to customers was far below the almost 2.5 million Philips had claimed.

Anyone under 80 years of age who used a recalled Philips Bi-PAP, CPAP or ventilator and suffered dangerous or serious Philips CPAP side effects may be eligible to file a lawsuit. Injuries included in potential lawsuits include many types of cancer, respiratory problems and organ damage related to using a recalled Philips CPAP device.

Philips’ lab tests showed degraded foam from devices included in the Philips CPAP recall might release toxic chemicals. These include toluene diamine, toluene diisocyanate, diethylene glycol and dimethyl diazine.

If you aren’t sure if you qualify for a Phillips CPAP lawsuit, a CPAP lawyer can help you determine your eligibility. Make sure you speak to an attorney right away.

If you or a loved one were injured permanently because of a Philips BiPAP, CPAP or ventilator, compensation from a lawsuit could help pay for past and future medical bills. Lawsuits in the MDL seek to hold Philips accountable and compensate for pain and suffering as well. A handful of class-action lawsuits have also been filed that demand the company reimburse plaintiffs for the cost of replacing their CPAP devices.

According to Philips, the health risks associated with the foam in recalled CPAP machines could result in a broad range of potential patient impacts, from short-lived injuries, symptoms and complications to possible serious injuries, which could be “life-threatening or cause permanent impairment.”

Lawyers taking Philips CPAP lawsuit claims can evaluate your claim free of charge to see if you qualify. Time to file is limited, so talking to a lawyer as soon as possible can help ensure you’ll be able to seek compensation.

The most important quality to consider when choosing a CPAP lawsuit lawyer is experience. Choose a lawyer with extensive experience in personal injury and product liability lawsuits.

An experienced CPAP lawsuit lawyer will be able to walk you through the process of filing a CPAP case. Your lawyer will explain the litigation process from filing your complaint in court to negotiating your settlement or fighting for you in court.

When you contact a lawyer about your potential Philips CPAP injury case, they may ask you questions about your experience with your CPAP machine. Attorney Brendan McDonough told Drugwatch, “Individuals interested in a potential lawsuit against Philips should be prepared to discuss their health history and experience with the device or devices.”

“There are a number of factors that go into the evaluation of a potential claim,” McDonough added. “As much information should be provided as possible at the outset to allow their attorney to best assist and advise them on the appropriate course of action.”

“They should also expect that, if their claim is accepted for investigation, it could potentially take years to resolve,” he explained. “Philips has signaled they intend to defend these claims vigorously.”