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October/November 2023 Update: Philips CPAP Lawsuit Status

November 08, 20233 min read

Since the initial recall announced on June 14, 2021, the Philips Respironics CPAP, BiPAP, and Ventilator lawsuits have seen significant developments. Millions of machines, sold since 2009, were designed with a toxic sound abatement foam, posing severe health risks as it degrades and releases harmful substances into the air pathways. Over 105,000 adverse event reports have been submitted by affected users, making this potentially one of the largest active mass tort litigations in the U.S.

Centralization of Lawsuits and Settlement Proposal

The majority of class action lawsuits and individual claims have been centralized before U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania. This move facilitates coordinated discovery and pretrial proceedings. Judge Conti appointed a settlement master to negotiate and settle lawsuits, preparing a series of “bellwether” cases for early trial dates to ascertain the potential payout juries might award for varying injuries.

In September 2023, a proposal was made to settle economic loss claims, allocating $445 million for those who purchased, rented, or leased the recalled devices and an additional $34 million for health insurers and entities that compensated users for replacements.

Continuous Filing and Varied Injuries

New lawsuits continue to emerge for individuals diagnosed with a range of health issues, including cancer, lung damage, respiratory injuries, among other side effects. The extent of the damage varies, with some individuals making a full recovery, while others experience permanent injuries or even death.

Potential Settlement Amounts and Eligibility

Although there have been no payouts for injury claims as of the latest update, the settlement amounts could vary significantly, ranging from $50,000 to more than $500,000, and potentially even higher in some cases. However, previous results do not guarantee similar outcomes in Philips CPAP lawsuits. Further updates and information regarding potential settlement amounts will be continually provided on this page.

To ascertain your eligibility for a Philips CPAP Recall Lawsuit, please contact The Jones Law Firm for a FREE case evaluation.

Recall Details and Risks

The FDA categorized the recall as the most severe type, signifying that the defective devices could potentially cause serious injury or death. The defective PE-PUR foam was intended to reduce sound and vibrations but was found to break down and possibly release toxic substances into the body, causing a myriad of health complications.

Volume of Recalled Devices

Approximately 15 million devices sold between 2009 and April 26, 2021, have been recalled, the majority of which were part of the “DreamStation” line introduced in October 2015.

Manufacturer’s Awareness and Negligence

Evidence suggests that Philips Respironics was aware of the foam’s deterioration issues long before issuing warnings to users. An FDA report in November 2021 detailed a series of incidents and complaints dating back to 2015, which were largely ignored by the company, indicating a significant lapse in addressing consumer safety.

Contact The Jones Law Firm

If you or a loved one have used a recalled Philips Respironics CPAP, BiPAP, or ventilator for at least six months and developed health complications, please reach out to The Jones Law Firm at 1-800-522-0102 or visit this link for a FREE case evaluation. Our dedicated lawyers are reviewing new lawsuits, pursuing settlements on a contingency fee basis, ensuring there are no fees or expenses unless a payout is obtained.

Please note, the average CPAP lawsuit settlement amounts are yet to be determined, and prior results do not guarantee a similar outcome in Philips CPAP lawsuits.

The Jones Law Firm, PC. is a law firm that primarily focuses on various mass-tort cases and personal injury. Chad Jones is the founder.

Chad Jones

The Jones Law Firm, PC. is a law firm that primarily focuses on various mass-tort cases and personal injury. Chad Jones is the founder.

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