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Philips CPAP Class Action Lawsuit

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

If you used a Philips sleep apnea machine for six months or longer and have been diagnosed with a respiratory condition (e.g., pulmonary fibrosis) 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 on January 19, 2022.

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 are due today, January 4, 2022. Judge Conti will interview applicants on January 27th and 28th. The Plaintiffs’ Steering Committee is a panel of lawyers from the plaintiffs’ side that makes certain decisions on behalf all plaintiffs in the MDL, including coordinating discovery, selecting core issue experts, motions practice, and the selection of bellwether trial cases. 

January 16, 2022 UpdateA 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. The SoClean uses ozone technology to disinfect CPAP sleeping machines (including the recalled Philips CPAP machines). The lawsuits allege that the SoClean releases unsafe levels of ozone causing users to suffer a variety of respiratory health problems. There are 11 SoClean CPAP cleaning machine lawsuits currently pending. Each is a class-action purporting to represent thousands of prospective class-members.

December 15, 2021 Update: There are now 137 CPAP lawsuits in the MDL class action.  This number is expected to grow to thousands.  

December 13, 2021 Update: It is becoming increasingly clear that the CPAP lawsuits will be all about linking the injuries to Philips' negligence. Because the case against Philips is getting stronger.

FDA inspectors recently concluded their investigation into Philips and the CPAP machine recall that impacted millions of sleep apnea devices earlier this year. The FDA looked at internal emails, product testing, and operations reports at Philips to determine what led to the recall.

The inspection found hard evidence that staff at Philips knew about the problems with the sound abatement foam “but did not immediately act.” Evidence of this knowledge included 2015 emails from a Philips to an employee to the foam supplier and “at least 14 tests or assessments” dating back to 2016.

November 25, 2021 Update: Judge Conti ruled on the destruction of evidence dispute our CPAP lawyers talk about below. Her order permits Philips Respironics to contain to fix the defects on the recalled CPAP machines. But the order requires Philips to preserve evidence that may be important at trial by maintaining the recalled devices in their entirety and preserving and cataloging the foam at issue. This should prevent Philips from destroying the evidence needed to prove individual CPAP lawsuits.

November 17, 2021 Update: Earlier this year, Philips recalled millions of CPAP and BiPAP devices because sound abatement foam (PE-PUR Foam) in the machines was degrading and causing users to inhale toxic particles. In September, Philips announced an official “repair-and-replace” program for people with a recalled device. Part of this program involved replacing the problematic PE-PUR Foam with a new, silicone-based alternative foam.

Philips obtained preliminary FDA approval for this repair program based on testing results showing that the alternative silicone foam would be safe for use in the devices. But Philips can't shoot straight. Last week, the FDA suddenly withdrew its approval of the repair program after uncovering new evidence that the silicone replacement foam may also present health and safety issues. Now the FDA is requiring Philips to halt the repair program and have replacement foam re-tested by an independent laboratory.

The continued investigation into the Philips CPAP recall has also uncovered new internal emails showing that the company was aware of the problem with PE-PUR foam degrading as early as 2015. This means that Philips ignored this potential safety hazard for 6 years before taking any action.

November 16, 2021 Update: Here we go. Philips has already sought emergency relief from the judge's pretrial order governing the preservation of evidence in the CPAP recall. Plaintiffs' CPAP lawyers have already responded, arguing that the court needs more information from Philips before granting the relief sought.

November 12, 2021 Update: On Wednesday, the MDL class action Judge Joy Flowers Conti put out the first order to get the CPAP lawsuits moving forward. The initial status conference will be held on December 15, 2021, at 1:30 p.m. One big issue will be the selection of the lawyers who will lead the class action discovery for the plaintiffs.

November 1, 2021 Update: Last month, the MDL class action panel agreed with plaintiffs' lawyers that there should be an MDL class action lawsuit and it should be based in Pennsylvania. The Panel transferred the 114 CPAP lawsuits pending in federal court to a single judge in Pennsylvania. So if you file a federal lawsuit in California, Texas, New York, or any other state, it will get transferred to this court.

Most plaintiffs' attorneys hoped the class action would be in eastern Pennsylvania (Philadelphia) and not western Pennsylvania (Pittsburgh) The MDL Panel chose eastern Pennsylvania. But in a tiny defeat, the Panel picked western Pennsylvania. Our CPAP lawyers would have preferred eastern Pennsylvania. But Philips is in western Pennsylvania and the CPAP machines were made there. So it does make some sense.

U.S. District Judge Joy Flowers Conti in Pittsburgh will preside over both CPAP consumer class action lawsuits and personal injury claims. Judge Conti is an experienced jurist who has sat on the federal bench for nearly 20 years.

Our CPAP lawyers expect tens of thousands of CPAP lawsuits will soon flood this court. As of now, 110 CPAP lawsuits around the country will be transferred to the MDL class action.

This latest update also includes the latest word from Philips on the specifics of the recall. Our lawyers update this page regularly. Come back to get the latest CPAP lawsuit updates.

About CPAP and BiPAP Machines

DreamStationSleep 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.

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 lawsuits against Philips by device users who claim that they suffered adverse health consequences from the defective machines. A new “class-action” has 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.

September 28, 2021 Update

At the start of September, Phillips issued a press release announcing that they now have formal FDA approval to repair recalled DreamStation and other CPAP devices.

Over three million existing sleep apnea devices were subject to the safety recall back in June after it was discovered that sound abatement foam in the devices was degrading causing users to inhale toxic chemicals.

When Phillips first announced the recall, it offered no options for users of machines with the toxic foam to repair or replace their devices. Now Philips claims to have the authorization and “service and rework capacity” to give help users of recalled devices.

Philips DreamStation CPAP Machines

Philips is a medical device and equipment company that manufacturers 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 with 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 emit harmful chemicals, including,

  • Toluene Diamine
  • Toluene Disocyanate
  • 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 possibly serious injury which can be life-threatening or cause permanent impairment, or require medical intervention to preclude permanent impairment.”

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 to coincide with the release of its “next-generation” sleep apnea products that supposedly do not have the foam inhalation problem.

In other words, Philips waited to tell consumers its existing products were dangerous until they had a new “safe” product to replace them. Keep in mind, 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. Statute of limitations vary 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 that 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 very early in the 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 respiratory issue would be less but the compensation will be closely tied to the severity of injury.

Plaintiffs' lawyers are 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 an MDL class action increased the likelihood of a global Philips CPAP settlement.

CPAP Timeline 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.

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
  • Thyroid cancer
  • Nasal cancer
  • Stomach cancer
  • Papillary carcinoma
Contact Our Example CPAP Lawsuit (Filed November 2021)

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 suit 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

This litigation will explode in 2022. Our lawyers are talking to victims about lawsuits against Philips who were exposed to this toxic PE-PUR sound abatement foam.

If you meet the qualifying criteria set forth above, 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.

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