Articles Posted in CPAP

Our law firm handles CPAP sleep apnea class action lawsuits for injuries from the recalled Philips CPAP machine.

The Philips recall covered an estimated 3.5 million sleep apnea devices. There is  CPAP class action lawsuit with thousands of plaintiffs consolidated into a Multi-District-Litigation (MDL-1230).  So every CPAP lawsuit in federal court – filed in New York, California, Texas, or wherever – is consolidated in federal court in Pennsylvania.

In this post, we will look closer at the recall, the MDL class action, and the side effects of these CPAP machines.  Victims also want to know what our lawyers think CPAP lawsuit settlement amounts might look like.  So we provide below educated speculation of what settlement payouts could be for a CPAP lawsuit.

Our lawyers are helping victims file a CPAP lawsuit who have cancer, respiratory complications, or other injuries from their defective CPAP subject to a recall.

A rapidly growing number of CPAP machine lawsuits have been filed since Philips recalled millions of CPAP devices used for sleep apnea after discovering that users were inhaling toxic foam particles. Many more CPAP recall lawsuits have been filed against Philips and have been consolidated into the CPAP class-action MDL.

This post will examines the Philips recall lawsuit and the types of health conditions or injuries potentially linked to the recalled Philips CPAP machines. Our lawyers also

  1. Estimate expected CPAP settlement amounts
  2. Review settlements and verdicts in prior CPAP-related lawsuits.
  3. Provide the latest CPAP litigation updates

Our lawyers last updated this page on September 7, 2023.


Philips CPAP Recall

Phillips Respironics develops and manufactures positive airway pressure devices to treat obstructive sleep apnea (“OSA”).  Our lawyers were surprised with this litigation started how many people have sleep apnea: almost a quarter of the adult population.

When a patient suffers from OSA, the throat muscles relax during sleep so much that the surrounding tissue collapses. This narrows the airway for oxygen.  When the patient inhales, the suction of the inhaled breath causes the narrowed airway to close completely.  This renders the patient unable to breathe (i.e., the apnea). So a functional CPAP that does not cause other diseases is essential for many Americans.

Philips initiated a significant safety recall in June 2021 for nearly all its Continuous Positive Airway Pressure (CPAP) and BiLevel Positive Airway Pressure (BiPAP) devices. The recall included an estimated 1.5 million devices used to treat sleep apnea, including the very popular DreamStation line of CPAP devices.

Philips launched the recall based on evidence that the PE-PUR sound abatement foam used in the devices was breaking down, causing users to inhale tiny foam particles.

The particles from the foam contained several chemicals that are known to be toxic and carcinogenic. Potential health hazards from inhaling these foam particles could include airway inflammation, kidney, liver, and other organs damage, and lung or respiratory tract cancer.

CPAP Recall Lawsuits

The CPAP safety recall has led to a wave of product liability and consumer class action lawsuits against Philips by users of the recalled devices. The lawsuits allege that Philips was aware of a problem with inhaling foam particles for years. But the company did nothing about it.

Many of the plaintiffs who are now suing Philips claim that inhaling the PE-PUR foam’s chemical particles caused them to develop severe health conditions, including lung and kidney damage.

CPAP Class Action Lawsuit

In response to this growing tide of lawsuits, a new class-action MDL was created in the Western District of Pennsylvania to consolidate all future Philips CPAP lawsuits in federal court. This means there will be a consolidated discovery phase, test trials, and, eventually a global settlement with Philips.

Based on prior global settlements in similar mass torts, our CPAP lawyers think that the likely settlement payout on Philips CPAP claims will be $150,000 to $250,000 for cases in the highest settlement tier and $75,000 to $150,000 for cases in the next tier down. CPAP cases in the lowest tier could have a payout of $10,000 to $75,000.

Below we put these CPAP settlement compensation payout projections in context with the appropriate caveats.

Health Problems Linked to Recalled CPAP Machines

The Philips CPAP machines were recalled because users were inhaling chemical particles in the sound abatement foam as they slept.   Many of the chemicals in these foam particles are known to be toxic to the human body, and some have been shown to cause cancer and respiratory complications.

At this stage, however, we don’t know Continue reading

The CPAP recall lawsuits against Philips have spawned a new group of related satellite lawsuits against SoClean, Inc. SoClean is a company that makes a product specifically used to sanitize the recalled CPAP devices.

Lawsuits have been filed against SoClean alleging that the company falsely marketed their product as “safe” and “healthy” for sanitizing CPAP machines and other breathing devices.

According to the lawsuits, SoClean’s product was unsafe because it omits harmful levels of ozone gas, which exceeded the maximum safe limits set by the FDA.

In 2021, Philips recalled millions of CPAP and BiPAP breathing devices. The recall came after it was discovered that foam used in the devices was degrading and releasing toxic, carcinogenic chemicals in the user’s airways. Following the recall, thousands of CPAP users filed lawsuits (or registered claims with Philips) alleging that exposure to the toxic foam particles caused severe injuries such as cancer.

The CPAP recall lawsuits were consolidated into a class action MDL which could eventually be resolved in a global settlement with Philips. In this post, we will look back at how the Philips CPAP litigation has unfolded and discuss the latest developments in this ongoing mass tort.

Millions of CPAP Devices are Recalled

In June of last year, millions of Philips CPAP and BiPAP sleeping machines were recalled after the company acknowledged that sound abatement foam in the devices was breaking down and causing users to inhale toxic chemicals.

The sweeping recall immediately prompted a wave of CPAP lawsuits. The early plaintiffs in these cases claimed that the recalled devices caused a variety of different health problems including asthma, throat tumors, and general respiratory irritation.

CPAP and Liver Cancer, Kidney Cancer, and Non-Hodgkin’s Lymphoma

Earlier this year, millions of Philips CPAP and BiPAP devices were recalled after it was discovered that foam used in the devices was degrading and causing users to inhale harmful chemicals. This has prompted a wave of CPAP recall lawsuits against Philips, but most of earlier complaints have only alleged consumer fraud claims.

Earlier this month in New York, one of the first CPAP recall lawsuits was filed in which the plaintiff is alleging that inhaling the foam caused physical injuries. Specifically, the plaintiff claims that 6 years of using a Philips CPAP device caused him to develop CPOD, asthma, blood clots, and a tumor in his throat. In this post will we carefully review and deconstruct the specific allegations in this complaint.

  • Video on CPAP lawsuits: a recent update and what a plaintiff needs to do to win their lawsuit (or earn a successful settlement)
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