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CPAP Class Action Lawsuit Update

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 CPAP machine lawsuit anywhere in the United States at 800-553-8082. You can also get a free case evaluation online

Our CPAP recall always work on a contingency fee so we 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 sleep apnea lawsuits
  2. the latest updates on the CPAP class action, and
  3. speculation on the potential settlement compensation amounts in these new CPAP machine lawsuits.

This page was last updated on July 29, 2021. Come back to get the latest CPAP sleep apnea class action 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 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.

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

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 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

In June 2021, Philips publicly announced a mass safety recall of almost all of its CPAP and BiPAP breathing machines, including the DreamStation line. According to Philips, the 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.

Philips acknowledged 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 identified 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
LIST OF RECALLED PHILIPS SLEEP DEVICES
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
CPAP Machine Lawsuits

The safety recall of the DreamStation and other CPAP devices has already prompted lawsuits by individuals 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.

Philips was clearly 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. Users of the recalled sleep apnea machines had been complaining for years about “black particles” in their lungs and similar issues.

Despite being aware of these issues for years, Philips did not make a public safety announcement until April 2021 and the recall didn’t come until June 2021. 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.

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 CPAP machine 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.
How Much Settlement Compensation for CPAP Machine Lawsuits?

We are still very early in the stages of the Philips CPAP sleep apnea machine recall litigation. So speculation about settlement amounts in the CPAP recall lawsuits is premature. For CPAP cancer cases, the average settlement compensation payouts have been between $100,000 and $500,000 with the trial value being significantly higher.

So far, only a consumer protection class-action case has been filed. When attorneys start filing CPAP injury lawsuits, their potential settlement value will depend primarily on the type of injuries and the strength of any evidence connecting those injuries to the recall CPAP device.

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 Certain 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?

Lawyer 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 but 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 CPAP Machine Lawyers Today

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

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