What’s the latest update on the Philips CPAP Litigation?

As of this year, Philips CPAP recall lawsuits have been consolidated into multidistrict litigation (MDL); they will eventually be resolved in a global settlement common in most mass tort cases. CPAP lawsuits have been resolved at this stage, so no one knows for certain what their settlement value may be. The cases will proceed through a period of discovery, after which a handful of cases will be selected for bellwether test trials. Based on the results of these test trials, Philips will negotiate a lump sum payment to resolve all remaining claims.


Background


Philips - medical equipment manufacturer - is facing mass tort lawsuits following the announcement last June 14, 2021, that it recalled about 2 million machines used by obstructive sleep apnea patients in the US. Philips warned that the foam used in its machines for noise reduction could break down and be ingested by users, causing severe and even life-threatening health conditions.


Millions were affected by the CPAP recall, which has led people with sleep apnea to find other alternatives to treat their condition. On Sept. 1, 2021, Philps announced that it would repair or replace these recalled devices, but it may take a year to do so.



Below is a list of Philips devices that were recalled:


• SystemOne;

• C-Series;

• OmniLab Advanced Plus;

• Dorma 400

• Dorma 500

• REMStar SE Auto

• Trilogy 100

• Trilogy 200

• Garbin Plus

• Aeris

• LifeVent


The FDA’s investigation further reveals the company’s own internal testing proved that the degradation products of PE-PUR foam are toxic and have carcinogenic elements. However, it seems that Philips chose to keep using the PE-PUR foam and kept the public unaware.


FDA's inspection report also revealed that the degradation of PE-PUR foam is something that Philips has always been aware of as far back as 2015.


How to qualify for CPAP Lawsuit


You may be eligible to seek financial compensation if you’ve used one of the recalled Philips sleep apnea machines and were later on diagnosed with chronic illnesses, including:


Lung cancer

Kidney Problems

Throat Cancer

Asthma

Other chronic respiratory illnesses


Additionally, individuals who meet the following basic qualifying criteria for filing a Philips CPAP lawsuit:


You used one of the recalled CPAP, BiPAP, or other Philips sleep apnea machines (see table above for a list of recalled devices) every night for at least 6 months or longer.

After using the recalled CPAP machine for at least 6 months, you suffered any of the following adverse health conditions:

Pulmonary fibrosis or any other injury involving your respiratory system or diagnosis with a respiratory condition.

Damage to your liver or kidney.

Diagnosis with lung cancer, kidney cancer, liver cancer, or any other type of cancer.



While it’s still too early in the litigation to give an accurate amount, some lawyers have speculated that potential Philips CPAP settlement amounts could range from $100,000 to $500,000.


Jury verdicts from bellwether trials typically give plaintiffs and defendants an idea of the value of each case, though cases can settle any time before trial.



File your CPAP case today


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