Overview

Injury: Cancer, lung problems, and other medical issues caused by degrading foam liners in CPAP and other breathing machines
Defendant: Philips Respironics
Practice: Mass Tort

Latest Update: June 2024 — Medical monitoring deal reached in CPAP lawsuit. 

A $25 million medical monitoring deal has been reached in CPAP machine multidistrict litigation. 

Edward Wallace

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Edward A. Wallace

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Kristina J. Anderson

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Gabriela Lopez

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Gabriela Lopez

Phillips CPAP Lawsuit: What You Need to Know About the Breathing Machine Litigation

Plaintiffs across the country have filed lawsuits against health technology company Philips after the company issued a voluntary recall of breathing machines due to their serious health risks. The recalled Philips machines, which included CPAP, BiPAP, and ventilator devices, released toxic chemicals that increased users’ risks of health issues including cancer and lung disease.

Injury

What breathing machines does Philips produce?

Philips produces a broad range of breathing machines, including: 

  • Continuous positive airway pressure (CPAP) devices. Worn during sleep, these machines deliver enough air to keep upper airways open and treat the symptoms of sleep apnea. 
  • Bilevel positive airway pressure (BiPAP or BPAP) machines. Unlike CPAP, these machines deliver different pressures for inhaling and exhaling. They are often used in emergency situations, in intensive care, or for chronic conditions like chronic obstructive pulmonary disease (COPD). 
  • Other mechanical ventilators. These machines breathe for patients when they are unable to do so themselves, and can either be invasive (inserted directly into the airway) or noninvasive (applied via a face mask). They may be needed during medical procedures or for specific medical conditions. 

The full list of devices Philips recalled is available at this website.

Medical consequences of liner foam degradation

Philips fitted many of their machines with foam liners made of polyester-based polyurethane (PE-PUR foam) meant to reduce sound and vibration. Over time, these foam liners degraded, releasing toxic chemicals that could be ingested or inhaled by the wearer.  These dangerous chemicals caused a variety of serious health complications, including:

 

  • Asthma
  • Chronic bronchitis
  • Chronic obstructive pulmonary disease (COPD) 
  • Esophageal cancer 
  • Lung cancer 
  • Oral cavity cancers 
  • Other cancers of the oral-lung pathway
Wallace Miller_ Dupixent Lawsuit

Photo © Pixabay

Who participated in the lawsuit against Philips CPAP machines?

Individuals were able to file a breathing device lawsuit against Philips if they: 

  • Used recalled devices made by Philips Respironics, including BiPAP, CPAP, and ventilator machines.
  • Suffered health issues as a result of their use of these devices. 

For some people, the medical consequences of faulty CPAP machines were fatal. Representatives and loved ones of individuals who died as a result of the defective devices were able to file a wrongful death suit against Philips on their behalf in some circumstances. 

Landscape

In late 2021, plaintiffs’ lawsuits against Philips across the country were centralized in a multidistrict litigation in Pennsylvania. A multidistrict litigation allows many similar claims against the same defendant or group of defendants to be grouped together, increasing the efficiency of the process and the consistency of rulings.  The CPAP federal litigation was consolidated in the U.S. District Court of the Western District of Pennsylvania under Judge Joy Flowers Conti.

Photo © Pixabay

Timeline

Latest Update

Latest Update

June 2024

Medical monitoring deal reached in CPAP lawsuit. 

A $25 million medical monitoring deal has been reached in CPAP machine multidistrict litigation. 



April 2024

$1.1 billion settlement reached in CPAP machine lawsuit. 

Philips has reached a $1.1 billion settlement with plaintiffs to resolve CPAP injury claims in federal court.



October 2021

Philips CPAP machine lawsuit consolidated in PA court. 

Cases across the U.S. have been consolidated in a multidistrict litigation in the U.S. District Court for the Western District of Pennsylvania. 



June 14, 2021

Philips issues voluntary recall of breathing devices.

Philips Respironics has issued a recall of more than 10 million breathing devices, including CPAP machines, BiPAP machines, and ventilator devices.

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