CPAP Recall Lawsuit | Sept 2022 Update (2023)

The Philips CPAP recall lawyers at Miller & Zois are reviewing sleep apnea machine cases from users of the Philips CPAP or BiPAP sleep apnea machines in all 50 states.

If you used a Philips sleep apnea machine for six months or longer and have been diagnosed with

  1. a respiratory condition (e.g., pulmonary fibrosis),
  2. lung damage,
  3. or cancer,

you may be entitled to significant financial compensation.

You can get a free consultation for a Philips CPAP recall class action lawsuit anywhere in the United States at 800-553-8082. You can also get a free case evaluation online.

Our CPAP machine lawyers work on a contingency fee. So our attorneys only get a fee if you get a verdict or a settlement compensation payout.

This page provides information and updates on

  1. the new Philips CPAP lawsuit
  2. the latest updates on the CPAP class action, and
  3. potential settlement compensation amounts in these new CPAP machine lawsuits.

This CPAP recall lawsuit page was last updated with new information on Monday, October 24, 2022.

October 24, 2022 Update: The biggest risk to plaintiffs in this litigation might be bankruptcy. Philips is worth less than $12 billion. But if you sold off Philips in pieces, it would be worth more than $12 billion. Why? Because that $12 billion bakes in the litigation risk which devalues the company.

October 21, Update:SoClean Inc. recently filed an amended complaint in its lawsuit accusing Philips of making false statements to place blame for the massive CPAP recall on the SoClean ozone machines that were used to disinfect CPAP devices. The newly amended complaint contains a wealth of new factual allegations against Philips based on information obtained through discovery in the CPAP Recall MDL. Among other things, SoClean cites the internal documents indicating that Philips was aware of the design flaw with its foam 7 years before the CPAP recall.

October 16, 2022 Update: Thousands of individuals who claim they were injured by recalled Philips CPAP machines are expected to file cases in the CPAP recall class action lawsuit over the next few months. To make this large influx of new case filings more efficient, the MDL Judge recently issued an order requiring all new plaintiffs to use the court-approved Short Form Complaint when filing. Short complaint forms are common in MDL class action lawsuits and they help streamline the process of bulk lawsuit filings.

October 2, 2022 Update:A new claim registry has been established in the Philips CPAP class action lawsuit to replace the current system of tolling agreements. The claim registry will permit prospective CPAP plaintiffs to formally register their product liability claim against Philips without actually filing a lawsuit.

Claim registry systems like this are common in mass tort MDLs and a similar system was used in the Zantac cancer litigation. The registry allows claimants to toll the statute of limitations on their claim without having to file suit. It also gives the MDL Court and the parties more valuable information about the scope and size of the potential plaintiff field.

September 18, 2022 Update: More bad news for CPAP manufacturer Philips. In a recent press release from the Department of Justice, it was announced that the embattled CPAP maker recently agreed to pay a $24 million settlement to the U.S. Government to resolve claims that it was engaged in an illegal kickback scheme.

According to allegations in a whistleblower complaint against Philips, the company was paying illegal kickbacks to incentivize medical equipment suppliers to submit insurance claims for Philips CPAP and other breathing devices. These types of kickback schemes are illegal because they defraud federal Medicare and Medicaid programs.

It underscores the theme CPAP lawyers and the FDA have seen from the beginning: Philips does not play by the same rules as everyone else.

September 1, 2022 Update: A little more than a year after issuing a massive recall covering millions of CPAP and BiPAP machines, Philips was forced to issue yet another major recall of other CPAP devices this week. This time, the recall can after it was discovered that a plastic component in the device was incompatible and potentially releasing carcinogenic chemicals into the user’s airways.

August 21, 2022 Update: This week, the FDA's public update notice on the Philips CPAP recall underscores the human misery from these defective CPAPs continues. The notice disclosed that between May 1, 2022, and July 31, 2022, the FDA received over 48,000 adverse event reports, including 44 reported deaths, associated with the breakdown of the PE-PUR foam in the recalled Philips CPAP devices.

Since April 2021, a total of 168 Philips CPAP-related deaths have been reported to the FDA. Meanwhile, as of August 15, 2022, there were 323 pending CPAP lawsuits in the Philips MDL. That number could not be more misleading. Thousands of additional CPAP claimants have entered into tolling agreements and registered claims instead of filing cases.

August 4, 2022 Update: The judge in the Philips CPAP class action lawsuit has scheduled a “science day” for September 1st. In the MDL process, a science day is supposed to give lawyers for both sides the opportunity to make presentations to educate the Court about complicated scientific issues that are in dispute in the litigation.

The parties will submit proposals to Court on August 18 for how the science day should be handled. Science days are a frequent occurrence in MDLs involving product liability claims.

July 7, 2022 Update: There is a new Case Management Order in the CPAP class action lawsuit that gives lawyers on both sides the ability to begin pretrial discovery. Judge Conti sets out the initial discovery plan in the litigation which is what is needed to get in position for a CPAP settlement. So now real work begins to get the CPAP litigation moving and to find the documents that show that Philip's mistakes caused the injuries, pain, and suffering, and death endured by so many victims and their families.

July 1, 2022 Update: Philips must have a new public relations firm. Earlier this week, Philips attempted to do some damage control by issuing a report on updated results for testing the potential safety hazard of sound abatement foam in its recalled CPAP devices. The announcement suggests that this preliminary testing indicates that CPAP users were not exposed to unsafe levels of toxic VOC chemicals.

The announcement is highly misleading because the testing cited by Philips was only performed on new machines. The CPAP devices which posed a safety risk were used machines that had been subjected to repeated cleaning, causing their sound abatement foam to degrade and release harmful chemicals. So Phillips ignored the foundation behind every CPAP lawsuit that has been filed. VOC emissions for used CPAP devices were not tested, which makes these results essentially meaningless.

June 27, 2022 Update: Judge Conti recently issued a preliminary discovery plan that establishes a series of initial deadlines for the CPAP class action lawsuit. The judge wants joint proposals on plaintiff fact sheets and implementation procedures by July 8, 2022. This involves written questions for plaintiffs to answer. The judge also wants proposals on deposition protocols (August 15th) and a written discovery plan (September 9th).

June 21, 2022 Update: The case against Philips keeps getting stronger. Internal documents obtained through discovery in the CPAP class action lawsuit show that Philips was on notice about the problem with the sound abatement foam in their CPAP devices for at least three years before the company initiated a safety recall.

In April 2018, a mechanical engineer at Philips sent an email to a supplier stating that the sound foam (which contains toxic chemicals) was shedding and causing users to inhale foam particles. In the email, the Philips engineer noted that “this is not a good situation for our users.” What would a responsible company do with this information? Philips did nothing. This email will help plaintiffs' CPAP attorneys show that Philips negligently ignored a known safety hazard with its CPAP devices.

(Video) CPAP Lawsuits - September 2022 Update

June 10, 2022 Update: Philips is still struggling. Last week, Philips announced that it was recalling over 60,000 of its V60 and V60 Plus ventilators (breathing devices mostly used in hospitals). The recall is related to problems with the electrical power system that can cause the ventilators to suddenly shut down without sounding any type of alert or warning alarm. Several injuries and at least one death have already been reported as a result of this defect.

June 9, 2022 Update: Last week, the judge in the Philips CPAP Recall MDL issued Pretrial Order #16 that formally appoints retired Magistrate Judge Diane M. Welsh as a Settlement Mediator, as agreed by the parties. This is not necessarily an indication that Philips is looking to move forward on a CPAP settlement, although an early settlement would be in Philips's interest. Rule 16.1 of the Local Rules for the Western District of Pennsylvania obligates parties in complex litigation matters to participate in Court-sponsored alternative dispute resolution options. The recent appointment of Judge Welsh as Settlement Mediator is simply part of the parties' compliance with this ADR process and the mediation will most likely lead to no early progress on a CPAP settlement.

June 2, 2022 Update: Philips admitted to a "steep increase" in the number of complaints received associated with foam degradation in a company statement last week. There have been more than 20,000 Medical Device Reports (MDRs) related to foam degradation in the last year. Philips is giving a hint as to how it will defend CPAP lawsuits, contending in its statement that the big problem with PE-PUR foam degradation is ozone cleaners that are not approved cleaning agents. It is also pushing a new study in the European Respiratory Journal that concludes that CPAP therapy using Philips Respironics devices is not associated with a greater risk of cancer. It is important to keep in mind the study Philips is so excited about states that it does not "allow for definitive conclusions to be drawn regarding the impact of PR devices on cancer risk."

May 25, 2022 Update: Out of necessity, the FDA has been heavily involved in the Philips CPAP machine recall since it was first announced last year. Most recently, the FDA has released data indicating that the agency has received over 21,000 reports of adverse health involving Philips CPAP devices in the last year (April 2021 to April 2022). Health problems reported to the FDA in connection with the Philips DreamStation and other recalled CPAP machines have included cancer, pneumonia, respiratory problems, and various other conditions. The FDA has also received reports of 124 fatalities that are reportedly connected to the toxic foam that was used in the recalled CPAP machines. The 124 deaths are a larger number than I think even CPAP lawyers expected. This gives us a good indication of the scope of the potential product liability lawsuits that Philips will be defending in the CPAP class action lawsuit.

May 17, 2022 Update: Since the start of May, 14 new Philips CPAP recall product liability lawsuits have been filed. The number of new CPAP product liability case filings is expected to increase dramatically. But few CPAP lawyers are filing lawsuits through the ordinary process. There are another estimated 60,000 CPAP recall lawsuits that have been filed on the administrative docket. We will learn more about the number of filed CPAP lawsuits at the next monthly status conference in two days.

May 10, 2022 Update: When the CPAP lawsuit began, we did not see many CPAP wrongful death lawsuits. That has changed of late both in terms of the CPAP lawsuits we are seeing and the victims that are calling our lawyers. An example wrongful death CPAP recall lawsuit was recently filed. The lawsuit was filed by Oregon resident against Philips and Wm. T. Burnett & Co, a Baltimore-based company that manufactured the toxic sound abatement foam in the Philips CPAP machines.

The man alleges that his wife was starting using a Philips DreamStation CPAP device in 2018 at the instruction of her doctor. She used the CPAP machine every night. Less than two years later, she was diagnosed with Stage 4 lung cancer. The wrongful death lawsuit claims that her lung cancer was directly caused by her inhalation of toxic foam particles from the DreamStation machine over a two-year. The Shiffler case was filed in federal court in Utah and, like every CPAP recall lawsuit filed in federal court, will be transferred into the CPAP class action in the Western District of Pennsylvania.

May 4, 2022 Update: The FDA is considering requiring Philips to offer to refund the purchase price of the CPAP machines subject to the recall. This would be an extraordinary step that underscores how frustrated the FDA is with Phillips.

May 3, 2022 Update: As the science as to what injuries this defective CPAP can cause tells us that CPAP lawyers may have initially overlooked: skin cancer. A claim of skin cancer around the part of the face where the CPAP mask is worn may make for a particularly strong CPAP lawsuit.

May 2, 2022 Update: The U.S. Department of Justice recently issued a subpoena to Philips seeking information about the CPAP recall, according to a recent report from the Wall Street Journal. The subpoena is an indication that the DOJ is doing some type of investigation into the CPAP recall and that things could get a lot worse for Philips.

Meanwhile, the CPAP class action litigation is moving forward with attorneys on both sides preparing for an upcoming status conference with the judge. CPAP lawsuits continue to be filed administratively (as our lawyers explain below) and lawsuits continue to get transferred from their home districts to Judge Conti in Pennsylvania.

March 24, 2022 Update: Philips can’t seem to get anything right these days when it comes to breathing machines. Less than one year after recalling 15 million CPAP and BiPAP devices because they were causing users to inhale toxic carcinogens while they slept, Philips is now recalling hundreds of hospital ventilators because a defective adhesive in the machines may cause them to suddenly stop working.

March 22, 2022 Update: As our lawyers mentioned in the last update, the FDA sent Philips a letter notifying the company that its efforts to notify consumers about the health risks associated with the recalled CPAP and BiPAP devices have been wholly inadequate.

In response, the FDA has stepped in and issued a “notice order” requiring Philips to provide appropriate notice of the CPAP recall to users and healthcare professionals under the supervision of the FDA.

March 14, 2022 Update: The FDA expressed concern today that Philip's first-come, first-served replacement strategy may put patients who need a CPAP at risk. So many patients are calling our CPAP lawyers complaining about the fear they have of not having a safe CPAP.

March 12, 2022 Update: This week, the FDA sends one of the harshest letters our lawyers have ever seen to a medical device maker. The FDA complains that the CPAP recall has been completely inadequate and Philips has done a poor job of notifying patients of the recall. This awful news may have an unlikely side effect of helping victims in the CPAP recall class action lawsuit. As things go from bad to worse, Philips is probably more likely to offer victims reasonable settlement amounts to put this litigation behind them.

March 5, 2022 Update: Users of recalled Philips CPAP machines who are thinking about filing a CPAP lawsuit can now preserve their rights by entering into a tolling agreement with Philips. This week, the judge in the Philips CPAP MDL approved a tolling agreement. Prospective plaintiffs who sign and register a tolling agreement can preserve their right to file suit against Philips even after the applicable statute of limitations on their claim expires.

March 1, 2022 Update: The disastrous Philips CPAP recall is getting attention from politicians. Senator Richard Blumenthal and Connecticut's Attorney General William Tong are calling on the FDA called on the FDA to intervene to make sure that products like the Philips CPAP never make it to market and to make sure that Philips rights the ship of this botched recall.

February 25, Update: Judge Flowers placed 33 CPAP recall lawyers in leadership positions to spearhead this litigation. This is a big step in pushing the CPAP lawsuits forward.

January 31, 2022 Update: Philips can't fire straight. After recalling 15 million CPAP and BiPAP devices, Philips get preliminary FDA approval for a plant to “repair” recalled devices by replacing the toxic PE-PUR foam with alternative silicone foam. Last week, however, the FDA announced that it was requiring Philips to perform independent safety testing on the new silicone-based sound foam.

January 23, 2022 Update: The judge in the Philips CPAP MDL issued an order with instructions for the preservation of recalled CPAP devices as physical evidence. For those CPAP plaintiffs who submit their machine to Philips for “repair,” the order instructs Philips to take pictures and preserve certain parts of the device before reworking it. Plaintiffs who elect not to have their device repaired can choose to send it back to Philips and have it preserved as evidence and not repaired.

January 19, 2022 Update: This will be a big year for the CPAP lawsuits. Just before Christmas, the judge in the Philips CPAP Recall MDL issued an order setting out the procedure and schedule by which she will select attorneys for appointment to the Plaintiffs’ Steering Committee. Applications for the steering committee.

The Plaintiffs’ Steering Committee is a panel of lawyers from the plaintiffs’ side that makes certain decisions on behalf of all plaintiffs in the MDL, including coordinating discovery, selecting core issue experts, motions practice, and the selection of bellwether trial cases.

January 16, 2022 Update: A hearing will be held later this month by the Judicial Panel on Multidistrict Litigation to decide whether to consolidate all SoClean CPAP cleaning device lawsuits into a new MDL class action. SoClean uses ozone technology to disinfect CPAP sleeping machines (including the recalled Philips CPAP machines). The lawsuits allege that SoClean releases unsafe levels of ozone causing users to suffer a variety of respiratory health problems.

  • Get 2021 CPAP Updates

About CPAP and BiPAP Machines

(Video) How Much Will CPAP Recall Lawsuits Be Worth? (October 2022 Update in Text)

CPAP Recall Lawsuit | Sept 2022 Update (1)Sleep apnea is a common condition in which breathing may become very shallow or temporarily stop when a person sleeps at night. This can cause a host of health problems ranging from headaches and fatigue to hypertension, heart attack, and stroke.

Continuous Positive Airway Pressure (CPAP) therapy is the standard form of treatment for sleep apnea. In CPAP therapy, a machine delivers positive airflow through a mask over the nose and mouth.

This creates enough inward pressure to prevent the person’s airway from collapsing during breathing at night. Other types of sleep apnea machines include Bilevel Positive Airway Pressure (BiPAP) and Automatic Positive Airway Pressure (APAP) machines.

CPAP is a continuous positive air pressure treatment. The positive air pressure keeps the airway open and assists the patient with breathing. CPAP includes the use of a mask over the nose and mouth while the patient sleeps. CPAP treatment forces air into the airway when there is an obstruction and prevents respiratory depression.

A CPAP is that working correctly is a great medical device. CPAP is the most effective treatment for sleep apnea, even when compared to surgery. In terms of reducing a patient's sleep apnea (as measured by the apnea/hypopnea index), CPAP is successful in the vast majority of patients.

So the demand for CPAP machines has risen dramatically in recent years. Not surprisingly, Covid-19 sparked greater demand for CPAP machines. Philips brought in $6 billion in revenue in 2020 for CPAP sales.

CPAPs generally work as intended. This machine is the standard treatment option for obstructive sleep apnea and can often reverse the consequences of sleep apnea.

The CPAP safety recall has a flood of lawsuits against Philips by device users who claim that they suffered adverse health consequences from the defective machines. A new “class-action” has been formed for consolidated handling of the CPAP recall product liability lawsuits. For victims, the MDL class action is a path to bring a CPAP lawsuit with relative ease.

Philips DreamStation CPAP Machines

Philips is a medical device and equipment company that manufactures a variety of sleep apnea machines, including CPAP and BiPAP devices. Philips’s main line of CPAP devices is sold under the “DreamStation” brand name. This line of products includes the original DreamStation CPAP machine and the travel-sized DreamStation Go. These are wildly profitable for medical device companies.

All of Philip’s DreamStation CPAP and BiPAP machines use a special type of polyester polyurethane foam called PE-PUR. The PE-PUR foam is used for sound abatement to make the DreamStation CPAP machines run quieter.

Safety Recall of DreamStation CPAP Machines

On June 14, 2021, Philips publicly announced a mass safety recall of 14 models of CPAP and BiPAP breathing machines, including the DreamStation line.

According to Philips, the 2021 CPAP recall was prompted by the discovery that the PE-PUR sound foam in the machines may break down and get inhaled or ingested by users. The PE-PUR foam contains volatile organic compounds (“VOCs”) that are carcinogenic and toxic to internal organs.

The problem with PE-PUR foam is Polyester polyurethane is easily broken down by heat, sunlight, sunlight, moisture, microbial, fungal attack, and even oxygen. So if, for example, your machine was exposed to high humidity or temperatures, you are at greater risk of this recall.

In most personal injury lawsuits like these, the defendant vigorously denies that the product was defective. But in this case, Philips Respironics readily acknowledges that inhalation of the PE-PUR foam by CPAP machine users could cause serious and even life-threatening damage to the respiratory system.

In an announcement entitled “Clinical information for physicians,” Philips identifies the following health risks from PE-PUR foam inhalation or ingestion:

  • Irritation and airway inflammation (particularly acute in patients with underlying lung or cardiopulmonary conditions)
  • Headaches and dizziness
  • Chest pressure and sinus infection
  • Toxic and “carcinogenic effects”
  • Damage to the kidney, liver, and other organs
DreamStation ASVDreamStation STAVAPS
SystemOne ASV4C Series ASVOmniLab Advanced Plus
SystemOne (Q Series)DreamStation CPAPDreamStation Auto CPAP
DreamStation BiPAPDreamStation GoDorma 400
Dorma 500 CPAPREMStar SE Auto CPAPTrilogy 100 and 200
Garbin PlusAerisLifeVent
A-Series BiPAP

Philips CPAP Lawsuit

The safety recall of the DreamStation and other CPAP devices has already prompted CPAP lawyers to file lawsuits for people who used these devices and suffered adverse health consequences. More CPAP recall lawsuits are expected to follow because there is evidence that Philips was fully aware of the health risks and defects associated with the PE-PUR foam and failed to warn consumers.

The CPAP lawsuit claims that recalled machines have polyester-based polyurethane sound abatement foam that may degrade or off-gas under certain circumstances, including when cleaned with ozone, or in high humidity and high-temperature environments.

This places CPAP users at risk for a host of maladies, including various inflammatory responses, headaches, asthma, vital organ damage, and toxic carcinogenic effects that would include cancer.

Philips Has Admitted Many CPAP Lawsuit Allegations

In most mass tort cases, the hard part is proving that the product causes injury. That will not be a problem in the CPAP lawsuit. Philips was aware of the problems with foam inhalation in its sleep apnea machines for a long time before it eventually issued its safety notice and recall in June 2021.

Philips has already conceded that the foam in these CPAP machines emits harmful chemicals, including,

  • Toluene Diamine
  • Toluene Diisocyanate
  • Diethylene Glycol

Philips further admits that “based on lab testing and evaluations, it may be possible that these potential health risks could result in a wide range of potential patient impact, from transient potential injuries, symptoms, and complications, as well as a possibly serious injury which can be life-threatening or cause permanent impairment, or require medical intervention to preclude permanent impairment.” The FDA adds that "black debris from the foam or certain chemicals released into the device’s air pathway may be inhaled or swallowed by the person using the device."

(Video) Settlement Value of CPAP Recall Lawsuits (October 2022 Update in Comments)

Before we start congratulating Philips for being so forthcoming, Philips did not make a public safety announcement until April 2021. The recall did not come until June 2021. Even users sensed a problem. CPAP patients have been complaining for years about “black particles” in their lungs and similar issues.

One variable for risk is a high level of carcinogen exposure is the age and usage of the CPAP machine. Because the foam appears to degenerate over time. What is unclear to CPAP lawyers at this point is whether that degeneration comes from the passage of time or machine usage (or both).

Jurors Will Be Angry at How Long Philips Waited to Come Clean

What is even more troubling, is that Philips appears to have deliberately delayed the timing of its recall. Why? It seems the delay may have been to coincide with the release of its “next-generation” sleep apnea products that do not have the foam inhalation problem.

In other words, Philips waited to tell consumers its existing products were dangerous until it had a new “safe” product to replace them. Keep in mind, that ResMed CPAP machines are not subject to a recall. So there was a clear safe CPAP alternative available. This will make jurors angry and punitive damages are in play in CPAP lawsuits.

Do You Qualify for a CPAP Sleep Apnea Machine Lawsuit?

The defective medical device lawyers at Miller & Zois are currently seeking new CPAP machine cases from individuals who used one of the recalled Philips sleep machines and suffered adverse health consequences.

Specifically, we are seeking individuals who meet the following basic qualifying criteria for filing a Philips CPAP lawsuit:

  1. 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.
  2. After using the recalled CPAP machine for at least 6 months, you suffered any of the following adverse health conditions:
    1. Pulmonary fibrosis or any other injury involving your respiratory system or diagnosis with a respiratory condition.
    2. Damage to your liver or kidney.
    3. Diagnosis with lung cancer, kidney cancer, liver cancer, or any other type of cancer.

What Is the Deadline to File a CPAP Recall Lawsuit?

Philips CPAP lawsuits must be filed before the statute of limitations (“SOL”) for the claim expires. The applicable SOL deadline varies by state and can be anywhere from one to six years.

The statute of limitations for a CPAP or BiPAP device lawsuit may start on June 14, 2021, when Philips announced the CPAP recall. The statute of limitations varies by state. So if your state has a two-year SOL, your deadline for filing a lawsuit may be June 14, 2023.

The rules governing deadlines to sue have scores of exceptions. These statutes of limitations exceptions may shorten or extend your obligation to file a CPAP lawsuit or provide notice of your intention to do so. So you want to talk to a CPAP lawyer to verify the deadline to file a lawsuit for your claim.

How Much Settlement Compensation for Philips CPAP Machine Lawsuits?

Lawyers are still at the beginning stages of the CPAP sleep apnea machine recall litigation. So speculation about settlement amounts in the Philips CPAP recall lawsuits is premature. Also, the injuries vary wildly in these cases. The most serious CPAP injuries are likely to be cancer, organ damage, and respiratory problems.

For CPAP cancer lawsuits, the average settlement compensation payouts should at least be between $100,000 and $500,000 with the trial value being significantly higher if liability can be established. The expected average settlement amounts for the respiratory issue would be less but the compensation will be closely tied to the severity of the injury.

The plaintiffs' lawyers sought an MDL class action, asking the U.S. Judicial Panel on Multidistrict Litigation to consolidate all federal court CPAP claims in federal court in Pennsylvania.

Philips conceded and MDL class action is appropriate but argued that the cases should be consolidated in Massachusetts. Why? Philips is based in Massachusetts so it appears to be looking for some home cooking. Ultimately, the Western District of Pennsylvania was the choice. The CPAP machines in this recall were manufactured in Pennsylvania and Philips RS North America LLC is also located in Pennsylvania. So our CPAP lawyers expected a Pennsylvania judge to preside over the litigation.

There is no question that the certification of a CPAP MDL class action increased the likelihood of a global Philips CPAP settlement.

  • Video discussing CPAP settlement amounts

CPAP Recall Lawsuit | Sept 2022 Update (2) CPAP Machine Recall Lawsuits - Answers to Your Questions

Below are answers to some commonly asked questions about the safety recall of the Philips CPAP sleep apnea machines and related lawsuits.

What Sleep Apnea Machines Were Recalled?

All CPAP and BiPAP sleep apnea machines manufactured by Philips before 2020 were recalled. These include brands such as DreamStation and REMStar. See above for a complete list of recalled devices.

(Video) Philips Respironics Recall Update July 2022

Why Were Philips Sleep Apnea Machines Recalled?

Philips recalled almost all of its CPAP and BiPAP sleep apnea machines because they contained polyurethane foam (PE-PUR) and particles of the foam were being inhaled by users of the machine. Inhalation of this foam can cause cancer and serious respiratory conditions.

Do I Qualify for a CPAP Machine Recall Lawsuit?

Anyone who used one of the recalled sleep apnea machines and was subsequently diagnosed with pulmonary fibrosis, other respiratory health problems, or cancer may be able to file a lawsuit against Philips and receive financial compensation.

Which Cancers Likely Qualify for a CPAP Recall Lawsuit?

Lawyers and scientists will be working hard in the Philips CPAP recall lawsuits to link specific types of cancer to these sleep apnea machines. It is early in the CPAP litigation. So far, these are the cancers our lawyers suspect could be caused by CPAP via PE-PUR:

  • Breast cancer
  • Brain cancer
  • Lymphatic cancer (including non-Hodgkin's)
  • Leukemia
  • Bladder cancer
  • Prostate cancer
  • Liver cancer
  • Testicular cancer
  • Multiple myeloma
  • Hematopoietic cancer (immune cell)
  • Lung cancer (and lung injuries generally)
  • Thyroid cancer
  • Nasal cancer
  • Stomach cancer
  • Acute Respiratory Distress System (ARDS)
  • Papillary carcinoma
  • Reactive Airway Disease (RAD)
  • Heart Attack
  • Heart Failure
  • Chemical Poisoning
  • Pleural Effusion

Example CPAP Lawsuit

Mark Edwards of New York became one of the most recent plaintiffs to join the ongoing CPAP recall lawsuit against Philips. Edwards filed a CPAP recall lawsuit on November 4, 202, in the Eastern District of New York. It was, as all of these federal claims are, transferred into the CPAP Recall MDL in Pennsylvania.

In his Philips CPAP lawsuit, Edwards alleges that he purchased a DreamStation CPAP device in 2014 and he used the machine every night for his sleep apnea until Philips announced the recall in June 2021. Edwards claims that as a result of inhaling foam particles from his DreamStation device, he developed a tumor in his throat along with Chronic Obstructive Pulmonary Disease.

Edwards is one of the first CPAP suits where the victim alleges actual physical injuries and tort claims as opposed to consumer fraud. The potential settlement amounts in these cases are exponentially higher.

Contact Our CPAP Machine Lawyers Today

The CPAP recall litigation is exploding in 2022. Our lawyers are talking to victims about lawsuits against Philips who were exposed to this toxic PE-PUR sound abatement foam. Many attorneys were skeptical that the CPAP recall lawsuit would deliver for victims. But the strength of the case and the plaintiffs' lawyers' ability to connect the defective polyester polyurethane foam (PE-PUR) seems to get stronger by the day.

If you meet the qualifying criteria, our attorneys want to talk to you about your potential CPAP machine lawsuit against Philips seeking substantial financial compensation at trial or a settlement payout.

Call our CPAP lawyers today at 800-553-8082 or reach out to us online to see if you qualify. We are contingency fee lawyers so we are only paid if you get a verdict or settlement.


What is the status of the CPAP recall? ›

Philips has voluntarily recalled certain devices for issues not associated with the PE-PUR foam, including: September 2022: Philips Respironics Recalls Certain Masks for BiPAP, CPAP Machines Due to Safety Issue with Magnets That May Affect Certain Medical Devices.

Is Philips going to replace recalled CPAP machines? ›

On 12/07/2021, Philips confirmed that they are performing the repairs/replacements for the affected recalled CPAPs. The replacement/repair is expected to take until mid-2022.

Should I still use my CPAP with the recall? ›

Yes. The risks of not using your CPAP or BiPAP machine may outweigh the risks associated with the recall. Your physician should be made aware of any risks this recall could pose to you and may advise continued use of a Philips device even if it's been recalled.

Which CPAP machines are involved in the lawsuit? ›

Philips Respironics mechanical ventilators, BiPAP, and CPAP machines affected by the recall include:
  • A-Series BiPAP A30® and Hybrid A30. ®
  • A-Series BiPAP A40. ®
  • A-Series BiPAP V30 Auto. ®
  • C-Series ASV. ®
  • C-Series S/T and AVAPS. ®
  • Dorma 400. ®
  • Dorma 500. ®
  • DreamStation. ®
6 Oct 2022

How long will it take to settle the CPAP lawsuit? ›

Over the next 18-24 months the CPAP MDL will move through a consolidated discovery process followed by the selection of bellwether test trials. Having a certified class action increases the likelihood of settlement in the CPAP lawsuits.

How much will I get from CPAP lawsuit? ›

The most serious CPAP injuries are likely to be cancer, organ damage, and respiratory problems. For CPAP cancer lawsuits, the average settlement compensation payouts should at least be between $100,000 and $500,000 with the trial value being significantly higher if liability can be established.

How do I get my Philips CPAP replaced? ›

Replacing Your CPAP Device

To have your existing DreamStation repaired or replaced under warranty, contact Philips at or call 877-907-7508.

Should I stop using my Philips CPAP machine? ›

CPAP machines could be bad for your liver. While the use of CPAP machines is common for those suffering from sleep apnea, Philips Respironics issued a recall for many of these devices in 2021. A defect in the product is leaving some users exposed to carcinogens, and some are reporting health problems such as liver...

Do I have to return my DreamStation? ›

Failure to return your original device to Philips could result in your being billed for payment of that device, as you now have two devices, but have only paid for one device. The enclosed DreamStation 2 Auto CPAP Advanced device is provided to you as a replacement for your existing CPAP device.

How long is the wait for CPAP machine 2022? ›

This can include low energy, depressed mood or irritability, falling asleep at work or behind the wheel, and more. These impact your quality of life every day, and can make the six to eight weeks you have to wait for a CPAP machine seem a dreadfully long time. However, many people don't have to wait for a CPAP machine.

How many people are affected by CPAP recall? ›

More than 17 million masks are impacted by this recall.

Will Medicare pay for a recall CPAP machine? ›

If the equipment is more than 5 years old, Medicare will help pay for a replacement. Important: Register your recalled equipment with Philips so they know you need a replacement, and can provide information on the next steps for a permanent corrective solution.

How do I join a class action lawsuit against Philips CPAP machine? ›

Philips Respironics established a registration process that allows anyone to look up their device serial number and begin a claim if their unit is affected. Patients may also register with Philips Respironics by phone at 877-907-7508.

How many CPAP lawsuits are there? ›

March 16, 2022: CPAP Lawsuit Update

There are now 262 filed CPAP recall lawsuits in the MDL class action.

What's going on with the CPAP lawsuit? ›

The CPAP litigation is centered on design defect and failure to warn, alleging Philips has known about the potential health risks since it began using the foam, and it knew or should have known of the risk that degraded PE-PUR foam could produce harmful chemicals that are inhaled by people using the CPAP devices.

What is the latest update on the Philips CPAP lawsuit? ›

Because millions of CPAP, BiPAP and ventilator devices have been recalled, lawyers expect a large number of lawsuits. On Oct. 8, 2021, the Judicial Panel on Multidistrict Litigation (JPML) granted a motion to consolidate more than 110 federal CPAP lawsuits against Philips.

Is there a class action suit against Philips CPAP machines? ›

Victims may ask, “Is there a class action lawsuit against Phillips CPAP machines?” The answer to that question is “yes.” Since June, there has been a flurry of different lawyers filing claims for victims, and a class action lawsuit was filed in Massachusetts.

How often will my insurance replace my CPAP? ›

When to replace your CPAP machine? Your CPAP machine should be replaced after approximately 5 years of use. The good news is, Medicare and most other insurers typically provide coverage for a new CPAP machine around the same time frame.

Is there a class action lawsuit against ResMed? ›

The settlement resolves allegations that ResMed (a) provided DME companies with free telephone call center services and other free patient outreach services that enabled these companies to order resupplies for their patients with sleep apnea, (b) provided sleep labs with free and below-cost positive airway pressure ...

Does severe apnea qualify for disability? ›

The Social Security Administration (SSA) does not recognize sleep apnea as a disability. However, if you suffer from severe enough sleep apnea, you may meet eligibility standards with the other symptoms resulting from your sleep apnea. To qualify for benefits, you must meet SSD's definition of disabled.

How long will the Philips CPAP recall take? ›

Philips Respironics is initiating its repair and replacement program in other countries and expects the program to be underway in most markets by the end of September 2021. The company intends to complete its repair and replacement programs within approximately 12 months.

What is the new device to replace CPAP machine? ›

Inspire is an alternative to CPAP that works inside your body while you sleep. It's a small device placed during a same-day, outpatient procedure. When you're ready for bed, simply click the remote to turn Inspire on. While you sleep, Inspire opens your airway, allowing you to breathe normally and sleep peacefully.

How serious is the Philips CPAP recall? ›

In July 2021, the FDA classified the Philips CPAP recall as a Class I recall. This means the recalled product may cause serious injury or death. The foam may degrade and release particles and toxic gases into the machine's airways that users may inhale or swallow.

How do you avoid wearing a CPAP machine? ›

5 Sleep Apnea Treatment Options
  1. Oral Appliances. Just as there are dental professionals who specialize in orthodontics or dental implants, there are also those who can help with sleep apnea. ...
  2. Oral Surgery. In some cases, genetics can be the cause of sleep apnea. ...
  3. Weight Loss. ...
  4. Positional Therapy. ...
  5. Inspire Therapy.
18 Jun 2019

Why do people quit CPAP? ›

They quit for a variety of reasons, but mostly because the device can be cumbersome and uncomfortable. Sometimes, they quit because of confusing or stringent health insurance restrictions. But the health effects of untreated sleep apnea can be serious. People struggle with anxiety, tiredness and low productivity.

Can I get a refund on my Philips CPAP machine? ›

Call (855) 529-0269 today so we can get to work on your case. You may be able to get your money back for your CPAP, but if you have sustained injury from using your machine, you might also be eligible to recover compensation from Philips Respironics.

What is Philips doing for the DreamStation recall? ›

Repair and Replacement

The sound abatement foam in recalled devices will be replaced with a new material. The company also is replacing some DreamStation CPAP devices with DreamStation 2 devices. Philips noted that it intends to complete the repair and replacement programs within approximately 12 months.

Is Philips DreamStation being replaced? ›

Philips anticipates rework to commence in the course of September 2021. In addition to the rework, the company has already started replacing certain affected first-generation DreamStation CPAP devices in the US with DreamStation 2 CPAP devices.

Is 4 hours a night enough on CPAP? ›

If you're wondering, “how many hours per night should CPAP be used?” the answer is, for the entire night while you sleep, ideally 7+ hours. CPAP compliance measures how many hours and nights you use your therapy and if you use it often enough for effective treatment.

Will Medicare pay for a new CPAP machine after 5 years? ›

Medicare will usually cover the cost of a new CPAP machine every five years. If you had a machine before enrolling in Medicare, Medicare may cover some of the costs for a replacement CPAP machine rental and accessories if you meet certain requirements. Have you selected your 2023 Medicare plan?

Do I own my CPAP machine? ›

After the rental period is over, you own the device. However, these insurance companies are often requiring proof that you are using the equipment and meeting their usage requirements (at least 4 hours per night for 70% of nights) in order to continue payment.

How do I check the status of my Philips recall? ›

Register your device(s) on Philips' recall website or call 1-877-907-7508 to provide important additional information to help prioritize replacement of your device and to get updated information from Philips. For Spanish translation, press 2; Para español, oprima 2.

Can sleep apnea cause sudden death? ›

Sleep apnoea is associated with an increased risk of cardiovascular mortality and all-cause sudden death, with a marginally significant dose–response relationship, where those with severe sleep apnoea are at the highest risk of mortality.

Is ResMed included in recall? ›

You may be wondering, “Are ResMed CPAP machines being recalled?” Rest assured, the CEO of ResMed has made a public announcement stating that ResMed CPAP machines are not impacted by the Philips recall. This is because their machines use a different material than what was used in Philips products.

How long does it take Medicare to pay off a CPAP machine? ›

Medicare pays the supplier to rent a CPAP machine for 13 months if you've been using it without interruption. After Medicare makes rental payments for 13 continuous months, you'll own the machine.

Should I continue using my Philips DreamStation? ›

Philips has issued the following recommendations regarding continued CPAP treatment: For patients using CPAP (continuous positive airway pressure), BiPAP (bi-level positive airway pressure), or APAP (auto CPAP) machines Philips recommends discontinuing the use of your device.

What is Medicare doing about the CPAP recall? ›

If the equipment is more than 5 years old, Medicare will help pay for a replacement. Important: Register your recalled equipment with Philips so they know you need a replacement, and can provide information on the next steps for a permanent corrective solution.

Do I have to return my Philips CPAP? ›

Failure to return your original device to Philips could result in your being billed for payment of that device, as you now have two devices, but have only paid for one device. The enclosed DreamStation 2 Auto CPAP Advanced device is provided to you as a replacement for your existing CPAP device.

Is Philips replacing DreamStation? ›

Philips anticipates rework to commence in the course of September 2021. In addition to the rework, the company has already started replacing certain affected first-generation DreamStation CPAP devices in the US with DreamStation 2 CPAP devices.

Is there a class action against Philips CPAP machines? ›

Victims may ask, “Is there a class action lawsuit against Phillips CPAP machines?” The answer to that question is “yes.” Since June, there has been a flurry of different lawyers filing claims for victims, and a class action lawsuit was filed in Massachusetts.

Will Medicare replace a broken CPAP? ›

Medicare will only pay for a replacement CPAP device if it is lost, stolen, or irreparable damaged due to a specific incident; or if the equipment is older than 5 years old and is no longer functioning properly.

Will Medicare pay for a new CPAP machine? ›

Medicare pays the supplier to rent a CPAP machine for 13 months if you've been using it without interruption. After Medicare makes rental payments for 13 continuous months, you'll own the machine.

Does Medicare pay to repair CPAP? ›

Not only that, they'll cover a regular schedule of replacement supplies– like masks, filters, headgear, etc.! Your CPAP device (or 'Continuous Positive Airway Pressure' machine) is considered “durable medical equipment (DME)”, which means that it is covered under Medicare Part B.

How do I quit my CPAP machine? ›

If you want to get rid of your CPAP machine talk to your dentist about the option of getting fit for an oral positioning device. There are several different types of oral appliances available so there may be one that fits your needs. The lifestyle changes that can impact sleep apnea are good for everyone.


1. CPAP Litigation (April 3, 2022): The Attorneys//Hollis, Wright & Clay, P.C.
2. Philips Respironics Recall UPDATE March 2022!
3. New choice for patients impacted by CPAP recall
(WCVB Channel 5 Boston)
4. RECALL UPDATE: Nice Try Philips Respironics #CancerFoam #Recall CPAP and BiPAP Recalled Devices
5. I-Team: Philips Respironics CPAP Recall Leaves Many Patients With Difficult Choice
(CBS Boston)
6. Philips CPAP Lawsuits
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