Lawsuit Help Desk

CPAP Lawsuits and Settlements

Did you use any of the Philips ventilators, continuous positive airway pressure (CPAP), or bilevel positive airway pressure (BiPAP) devices for 1+ years prior to April 25, 2021, to treat sleep apnea or related disorders? These machines have been shown to cause numerous cancers and other ailments that its manufacturer itself has admitted. 

Check with our leading CPAP lawsuit lawyers if you qualify for a CPAP or BiPAP lawsuit and settlement opportunity. 

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What's going on with the CPAP lawsuits?

An increasing number of CPAP users are filing for a Philips CPAP lawsuit after suffering from a variety of issues, such as skin irritability, infection, allergic responses, respiratory illnesses, headaches, and dizziness. General discomfort while utilizing the gadget is one of the additional signs. Certain Philips CPAP devices, according to research, can cause cancer.

Also, users of CPAP and BiPAP claim that cautions should have been included by the manufacturers. The plaintiffs claim that these potential outcomes were not disclosed to them, and as a result, they are seeking financial compensation for the medical expenses related to their symptoms. Many plaintiffs are claiming pain and suffering because using the product caused them bodily and emotional misery in addition to seeking compensation for their medical bills. 

Many plaintiffs are claiming for pain and suffering because using the product caused them bodily and emotional misery in addition to seeking compensation for their medical bills. It is significant to remember that these lawsuits are still pending and that no resolution has yet been reached.

In sum, the purpose of bringing a CPAP or BiPAP lawsuit is to hold manufacturers responsible so they do not repeat the same errors in the future.

A CPAP (continuous positive airway pressure) machine provides respiratory therapy to treat sleep apnea and other respiratory issues. It involves pumping air into the lungs through the nose or nose and mouth during spontaneous breathing. It works by using mild air pressure to keep breathing airways open while a person sleeps. 

Meanwhile, a BiPAP (bilevel positive airway pressure) machine is similar to a CPAP machine, in that both are used to treat sleep apnea. But, whereas CPAP provides a single pressure on both inhaling and exhaling, BiPAP uses two different pressures on these activities.

Cancer

On June 30, 2021, the U.S. Food and Drug Administration (FDA) warned users of Philips Respironics ventilators, BiPAP, and CPAP machines, as well as their medical professionals, that certain of their products have been recalled owing to potential health hazards. The polyester-based polyurethane (PE-PUR) sound abatement foam that is utilized in these impacted devices to lessen noise and vibration may disintegrate and may enter the air channel. If this happens, the individual using the device may breathe in or ingest black foam debris or chemicals that are released into the air passage of the device. 

The FDA claims that as of February 2023, it has received more than 98,000 reports regarding medical devices, including 346 reports of deaths connected to the breakdown of PE-PUR foam in Philips CPAP machines between April 2021 and December 31, 2022. The reports cover injuries like cancer, pneumonia, nausea, asthma, headaches, infections, coughs, breathing difficulties, and chest pain.

Other symptoms

On June 14, 2021, Philips issued a recall for four million of their CPAP, BiPAP, and mechanical ventilators due to sound abatement foam degradation. These devices could create multiple health hazards, such as respiratory problems, inflammation, and damage to organs like the liver and kidneys. The degradation may also produce likely carcinogenic effects, and toxicity, and irritate the respiratory tract, eyes, and skin, resulting in headaches. Patients have also noted black debris or particles in the machines’ airpath circuit, while others have experienced sinus infections, upper airway irritation, chest pressure, and headaches.

Philips has also warned about off-gassing risks associated with these devices, referring to the emission of volatile organic compounds and other harmful chemicals in vapor form. This degradation has caused users to inhale toxic chemicals that can lead to serious side effects such as cancer, respiratory problems, organ damage, and hypersensitivity. The carcinogenic foam particles and gasses can travel throughout the body via the bloodstream and airways, potentially leading to cancer anywhere in the body. Additionally, people with lung disease may experience exacerbated symptoms from the respiratory tract problems caused by the foam particles and gasses.

Brauer study

In addition to the FDA recall, Philip R. Brauer, Paul C. Bryson, Shannon S. Wu, Victoria L. Gau, Eric D. Lamarre, and Alan H. Kominsky examined 2,571 patient injuries related to CPAP use between 2014 and 2021. This published national study showed that 4.62% of patients reported developing cancer, making it the second most commonly reported issue.

Philips CPAP and BiPAP recall

Philips’ own recall announcement revealed that the foam particles found in their CPAP devices contained at least five potentially carcinogenic chemicals, as per the initial laboratory analysis results. Animal testing has demonstrated that these chemicals can cause different types of cancer, and it’s widely known that prolonged exposure to such substances is a significant risk factor for cancer development. Some chemicals can damage DNA, leading to gene mutations at the cellular level that can evolve into cancer, while others can trigger abnormal cell division.

Prevailing theory

One scientific theory suggests that the toxic gasses emitted by the chemicals in the foam particles of the recalled CPAP machines can directly cause lung cancer, as inhalation is the primary mode of exposure. Inhaling these gasses can also lead to blood cancers, such as leukemia, multiple myeloma, and lymphoma. Furthermore, users who ingested or inhaled black foam particles from the recalled Philips CPAP machines could metabolize the chemicals within them, potentially causing other types of cancer, such as kidney, liver, thyroid, or breast cancer, which may not appear directly related to CPAP treatment. Reports indicate that users have ingested black dust or debris from their CPAP devices.

As of April 2023, Phillips anticipates a CPAP settlement. In consumer class actions, personal injury, and wrongful death lawsuits, Philips is up against thousands of claimants. In the upcoming months, Philips CEO Roy Jakobs is optimistic that the business will reach an agreement with individuals requesting compensation in consumer class action cases.

But, because this process is more difficult, a settlement with individuals seeking compensation for injuries is not anticipated until next year. He did, however, leave the possibility of settling such claims in 2023 open. In addition, Philips has announced that it will finish the repair-and-replace program for the recalled products this year and hopes to achieve a settlement with the FDA in the first half of the year.

The likelihood of the CPAP and BiPAP lawsuit settlements increased as Philips announced that it anticipates a successful settlement agreement with the plaintiffs.

While it is not possible to know in advance the expected settlement amounts, we estimate settlement compensation in CPAP-induced cancer cases to fall between $100,000 and $500,000. However, the trial value will probably be far higher if culpability can be proven. On the other hand, respiratory issues are anticipated to have lower average settlement amounts. Ultimately, the amount of compensation depends on the severity of the injury.

Do I qualify for CPAP lawsuit?

If you or a loved one has experienced these conditions from using a Philips CPAP or BiPAP machine, our leading CPAP lawsuit lawyers would consider taking your case if you meet these criteria:

  • You used the device prior to 4/25/2021, were a non-smoker at the time; 
  • You used the device for 1+ years before diagnosis and were diagnosed (under age 75) with any of these conditions: chronic asthma; pneumonitis, COPD; chronic recurring bronchitis;  recurring pneumonia (3+ times in 18 months); pulmonary fibrosis (scarring of the lungs, or interstitial lung); lip cancer; tongue cancer; salivary cancer; sarcoidosis; nasal cancer; sinus cancer; nasopharynx cancer; throat cancer; thyroid cancer (for death cases only); head and neck cancer; lung cancer; bladder cancer; liver cancer; lymphoma; multiple myeloma; or leukemia. 
man recovering in hospital who's filed a CPAP or BiPAP lawsuit
weighing the benefits of CPAP or BiPAP lawsuit

What are the legal fees to file a CPAP lawsuit?

None! Legal representation for a CPAP lawsuit is on a contingent fee basis. This means that the costs of the proceedings will be shouldered by the representing law firm. The amount will be charged in the settlement or trial amounts that you will receive.

Note that leading CPAP lawsuit lawyers will represent you, not just a mere personal injury lawyer or a marketing firm referral. 

So, contact us now! 

How much is the CPAP lawsuit worth?

Compensation for CPAP cancer lawsuits is estimated to range from $100,000 to $600,000. Note though that this is merely a settlement estimate.

Meanwhile, the trial value is estimated to be much higher if the culpability of Philips is proven. The severity of the injury and damage will correspond with the compensation amount. 

celebrating a CPAP or BiPAP Lawsuit settlement
lawyer counseling about CPAP or BiPAP lawsuit

If eligible, do I Owe Lawsuit Help Desk or your lawyers?

Not at all! You have no obligations to us if you’re qualified.

If we find that you are qualified, and you wish to proceed with the mass torts firms we have provided for you, the lawyers will discuss the retention agreement with you.

How long do I have to file my CPAP lawsuit?

Not much time is left. You have to file your CPAP lawsuit immediately.

In view of the most recent updates for CPAP recall lawsuits, Philips is already in the works to reach a settlement agreement for the pending cases. This means that you will lose your chance to settle if your case is not yet filed by the time the parties have reached a settlement agreement.

So, talk to our CPAP lawsuit lawyers as soon as possible.

Statutes of limitations (SOL) and statutes of repose (SOR) could restrict you from filing your lawsuit. In each state, SOL or SOR establishes a preset time limit to assert your right to sue. Consequently, if these periods lapsed, you can no longer collect anything. 

The date on which Philips announced the CPAP recall, June 14, 2021, maybe the beginning of the statute of limitations for a CPAP or BiPAP device lawsuit. Each state has a different statute of limitations. For instance, if your state has a two-year SOL, your lawsuit filing date may be June 14, 2023.

Discuss these matters and more with our CPAP lawsuit lawyers now!

Scientific research takes time to establish a connection between the cause – here, the Philips CPAP or BiPAP machines – and the patient’s symptoms.

Current studies already established this link. Therefore, do not wait before the manufacturer finds ways to debunk this, else it will take a long time for another set of scientific studies to further support your claim.

Definitely. You will no longer be able to settle if your CPAP lawsuit is filed late.

Manufacturers usually settle with numerous plaintiffs at the same time. As a complainant, you should have filed your complaint by the time the settlement is reached. 

 Our top-tiered CPAP lawsuit lawyers will make sure this will not happen. So, talk to them now!

lawyers sprinting to file a CPAP or BiPAP lawsuit
client contacts lawyer about CPAP or BiPAP lawsuit

How can I file my CPAP lawsuit?

Easy! Just call us now. We will help you get in touch with our leading CPAP lawsuit lawyers.

Further, start collecting and saving every document your representing lawyer may need as evidence. That includes any proofs of purchase, receipts, packaging, and boxes of Philips CPAP or BiPAP machine. Our lawyers will tell you much more when you call us. 

What Makes Lawsuit Help Desk Stand Out

There are no third-party agents involved in our legal assistance process. Instead, our top 1%, nationally renowned mass torts attorneys, with deep knowledge in CPAP machine recall lawsuits will discuss with you the merits of your case with utmost diligence and honesty.

We strive to make the legal process and representation as simple as possible for our clients.

We are not that annoying call center. We will respect your time and devote to you our full attention.

We do not operate as a marketing company and will not bombard you with robocalls or spam emails. The only emails we send are for information purposes, such as case status and ongoing research. 

Our team of lawyers has a very good track record of success in mass torts litigation.

So, choose our esteemed team of mass torts lawyers for legal advice over a marketing or social media expert.

Note that Lawsuit Help Desk was founded by Cameron Tousi, a leader in the world of complex litigation. Cameron achieved the highest distinctions in peer reviews and awards from America’s leading legal publications. If you’d like to speak with him, just simply give us a call! 

Monthly Status Updates: CPAP Lawsuits

CPAP and BiPAP litigation had a burst of activity in February 2023. The vast majority of instances involved manufacturers who failed to warn of potential hazards such air leakage, skin irritation, and infections. Some claimants also claimed that their machines were not providing enough pressure or comfort.

Some significant gadget makers responded to these allegations by acting to allay consumer worries. For example, ResMed voluntarily recalled a number of CPAP units because they failed to provide effective therapy as a result of gas leakage. Several businesses have provided reimbursements to clients who had issues with their equipment or weren’t happy with its performance.

New studies

New studies concerning the long-term health implications of using CPAP and BiPAP equipment also started to surface around this time. Long-term use of these devices raised the risk of major cardiovascular hazards, such as stroke, heart attack, and atrial fibrillation, according to research by the American Academy of Sleep Medicine.

Further lawsuits are anticipated to be filed in the upcoming months as a result of these events. Many class action lawsuits have already been brought against different manufacturers for failing to disclose safety information or offer proper customer care when it comes to their products. We don’t yet know how many additional cases will surface as the problem continues to receive media attention.

MDL update

According to a February 2023 report, 62 new cases have been added to the Philips CPAP recall class action litigation in the last month. This is a huge rise over the average number of new cases each month from the previous year, which was only 9 cases. Since the claim registration program concluded a few months ago, a spike in new case filings was anticipated, and it’s likely to last the remainder of the year. The MDL currently has 420 cases outstanding, and by the end of 2023, it’s expected that there will be more than 1,000 of them.

FDA updates

The FDA also updated information on adverse event reports associated with recalled Philips CPAP and BiPAP equipment, on February 14, 2023. According to the data, the FDA has now received 98,000 reports of adverse health incidents associated to CPAP, an increase of 8,000 over the previous three months. Even more cause for concern is the fact that there have been 90 additional recorded fatalities since November, bringing the total number of reported CPAP-related deaths to 350.

Philips Lay-off

In order to reestablish profitability, Philips announced on January 30, 2023, that it will be laying off more than 6,000 workers. Ever since it ordered the recall of millions of CPAP equipment, the company has been having trouble.

Attorneys for the plaintiffs and the defense in the CPAP recall MDL presented their respective case management plans at the January 29, 2023, monthly status conference. Both parties’ plans are drastically different from one another. To speed verdicts in the cases and a general settlement, the plaintiffs are pressing for a trial date. They suggest finishing the discovery procedure before the first bellwether test trial, which is scheduled for mid-2024. The defense, on the other side, is pushing for a timeline that would push back the bellwether trial until at least 2025, and potentially even 2026.

MDL update

The number of active cases in the Philips CPAP class action MDL increased to 358 by January 18, 2023, with only three new complaints being filed since the previous month. This statistic is deceptive, though, as the claims registry still contains thousands of CPAP litigation suits.

The MDL is continuing to advance, with the judge issuing a new order on electronic discovery. One of the first CPAP lawsuits asserting that the inhalation of carcinogenic foam particles caused mouth and tongue cancer was Braverman v. Koninklijke Philips N.V. (22-cv-7927), which was filed on January 4, 2023. The plaintiff argues that his cancer was caused by long-term exposure to harmful foam particles while using two distinct recalled Philips CPAP machines every night to treat his sleep apnea.

Pennsylvania update

The Western District of Pennsylvania developed a webpage for the Philips CPAP MDL-3014 on January 2, 2023, more than a year after it was established. The website has a document index and a monthly status conference calendar.

Philips’ defense

Philips continues to cite “independent” studies to back up its assertion that fewer people were hurt than some medical experts believe.

Philips also filed a motion to dismiss the consumer class action lawsuit, in which 110 people and ten businesses are claiming for compensation on behalf of everyone who bought the recalled CPAP equipment. According to the corporation, the identified plaintiffs lack standing because Philips provided free repair or replacement of the recalled devices, making it difficult for them to demonstrate that they experienced damages. The plaintiffs contend that if they had been aware of the risk, they would not have purchased the equipment.

The FDA also issued a notification indicating additional problems with the widely used CPAP recall affecting Philips ventilators. 

Justice Department update

The Justice Department is reportedly in talks with Philips to work out the specifics of a consent decree that will go into force on December 1, 2022, according to a story by The New York Times. This decision would hold Philips responsible for neglecting to address the issue with the sound-absorbing foam, which led to the large CPAP recall last year. The decision would also compel Philips to outline the steps it will take to prevent recurrence of the same issues. The biggest issues that are represented in the collaboration agreement are a result of the fact that Philips knew about the foam issue with the devices for years but did nothing about it, according to the FDA investigation into the CPAP recall.

CPAP and BiPAP recall

There have been 260 recorded deaths linked to the recalled Philips ventilators, BiPAP, and CPAP machines. The FDA received over 90,000 Medical Device Reports (MDRs) about them.

Settlement decree

A settlement decree between the Justice Department and Philips is apparently close to being finalized. It will call for the business to accept responsibility for the CPAP recall and put in place safeguards to avoid similar issues in the future. The impact of the recall on the CEO, the company’s valuation, and the rising number of injury cases show how bad the issue has become for Philips.

A settlement decree would undermine Philips’ defense in the CPAP class action lawsuit, despite the fact that their attorneys will continue to contest particular damage claims.

Foam toxicity

The FDA has also updated its public safety alert about Philips Trilogy ventilators, which were recalled along with CPAP devices due to the toxicity of PE-PUR foam. The FDA has discovered that the new silicone inserts Philips used to replace the foam separate and clog airways, leading to additional issues. Philips has seen a string of setbacks over the past two years, and this most recent one may have an impact on its ability to make acceptable settlement offers to end litigation relating to the recall.

Medical Device Reports

The FDA updated its Medical Device Reports on November 20, 2022, in relation to the Philips CPAP and BiPAP devices that were recalled in June 2021. According to the revised statistics, there have been over 90,000 adverse health occurrences linked to the recalled devices. The fact that 260 deaths have now been connected to breathing in harmful PE-PUR foam particles from CPAP machines is a more worrisome figure, though. Despite these numbers, just 346 CPAP recall claims are currently pending in the MDL, and many more have not yet been filed as a result of tolling agreements with Philips made at the beginning of the litigation.

CPAP recall

As noted in our October 2022 update, Philips had to issue yet another CPAP-related recall the month before when it was discovered that the magnets in some of their CPAP equipment’s face masks could malfunction neighboring medical devices, including pacemakers. The FDA categorized the recall as a Class I recall, meaning that it poses a serious risk of serious harm or death. The FDA has already received fourteen reports of “serious injury.”

Philips termination of employees

Following the day before the report on the CPAP recall, Royal Philips NV declared on October 25, 2022, that it has terminated 4,000 employees. Roy Jakobs, the new CEO, wants to put Philips back on course.

There is a litigation risk for plaintiffs in this case. An update on October 24, 2022, said that Philips’ worth is less than $12 billion, which factors in the litigation risk that devalues the corporation. Yet, Philips might be worth more than $12 billion if it were split up and sold off in pieces.

SoClean’s complaint

In its lawsuit against Philips, SoClean Inc. has filed an additional complaint, alleging that the defendant made misleading claims about the involvement of SoClean ozone devices in the CPAP recall. Based on data collected during discovery in the CPAP Recall MDL, SoClean’s updated lawsuit makes new factual charges against Philips. According to internal papers included in the case, Philips was aware of the foam’s design issue seven years prior to the CPAP recall.

Thousands of new complaints are anticipated to be filed in the CPAP recall class action lawsuit by people who allege they were harmed by recalled Philips CPAP machines. The MDL Judge issued an order requiring all new plaintiffs to use the court-approved Short Form Complaint when filing, streamlining the procedure for mass case filings. Commonly, MDL class action cases will employ this form.

CPAP class action

The Philips CPAP class action lawsuit has built a claim registry mechanism to take the place of the existing tolling agreements. Instead of filing a case, which is typical in mass tort MDLs like the Zantac cancer action, this approach enables potential CPAP plaintiffs to register their product liability claim against Philips. The register also tolls the statute of limitations on the claim and provides the MDL Court and the parties with important details about the breadth and depth of the plaintiff field.

Bribery

Philips, already struggling, is subjected to more financial drain after it agreed to pay the U.S. Government $24 million. This was in view of bribery allegations against it. The company was accused of paying medical equipment suppliers with bribes to submit insurance claims for Philips CPAPs and other sleep apnea machines. U.S. laws prohibit such schemes as a form of fraud against the federal Medicare and Medicaid systems. 

Most recent recall

Philips had another devastating recall order just one year after its million-dollar recall of CPAP and BiPAP machines. The most recent recall was due to a plastic part that was found to be incompatible with the device which spews carcinogenic compounds into the user’s airways.

FDA update

On September 15, 2022, the FDA  informed the public regarding the Philips CPAP recall. Between May 1 and July 31, over 48,000 adverse event complaints were linked to the degrading sound foam in the devices.

A total of 168 CPAP-related deaths were recorded since April 2021. As of August 15, 2022, there were 323 cases in the Philips CPAP MDL, but many more are expected to be filed.

CPAP-connected deaths

The FDA has now received reports of 168 deaths connected to Philips CPAP devices since April 2021. Although there was 323 CPAP litigation in the Philips MDL that were still outstanding as of August 15, 2022. This number only represents the beginning because many more claimants choose to register their claims or engage in tolling agreements rather than file lawsuits.

Pennsylvania update

It was also revealed that the Western District of Pennsylvania’s CPAP class action lawsuit has set a science day for September 1, 2022. With presentations from both sides, the goal of this science day is to inform the judges about the scientific concerns behind the Philips CPAP recall MDL. Judge Joy Flowers Conti, who oversees the CPAP MDL, has invited a Massachusetts state court judge who also hears CPAP cases to the meeting.

Bellwether test trial

Judge Conti is anticipated to decide the first round of bellwether test trials’ schedule following the scientific day. It is vital to remember that trial dates have a big impact on getting defendants to bargain for a fair settlement award to conclude the lawsuits.

Science Day

The “science day” had been planned for September 1st by the court presiding over the Philips CPAP class action lawsuit. The science day in the MDL process enables the attorneys for both sides to present before the Court and give an outline of the complex scientific matters at issue in the litigation. The parties will present the Court with ideas on how science day should be run on August 18. In MDLs involving product liability lawsuits, science days are frequent.

CPAP lawsuits advance

The CPAP class action case has advanced thanks to a new Case Management Order that enables attorneys on both sides to begin pretrial discovery. Judge Conti has established the beginning discovery process necessary to advance toward a CPAP settlement. Finding the documents that demonstrate how Philips’ mistakes led to multiple victims and their families experiencing pain, suffering, and even death is the true effort being made right now.

Additional tests

The results of additional tests to ascertain if the sound-absorbing foam in Philips’ recalled CPAP equipment poses a safety concern have also been disclosed in a study. According to the announcement, preliminary analyses reveal that CPAP users were not exposed to alarmingly high quantities of hazardous VOC chemicals.

This news is very misleading because the testing was only done on new CPAP equipment, even though the CPAP devices that presented a safety risk were old machines that had been cleaned repeatedly, causing their sound abatement foam to breakdown and release harmful chemicals. Notwithstanding the fact that used CPAP equipment’s VOC emissions were not tested, rendering these results essentially useless, this blunder disregards the foundation of each and every CPAP complaint brought. Philips appears to be attempting to lessen the harm by asserting these untrue statements.

Preliminary discovery

For the CPAP class action lawsuit, Judge Conti has established timelines in a preliminary discovery plan. By July 8, 2022, the judge is requesting collaborative suggestions on plaintiff fact sheets and implementation methods, along with written questions for the plaintiffs to respond to. Also, documented discovery plans and proposals for deposition techniques are required on August 15 and September 9, respectively.

It turns out that the business was aware of the issue with the sound abatement foam in its CPAP equipment for at least three years before launching a safety recall, according to internal papers obtained through discovery, which have strengthened Philips’ case. In April 2018, a mechanical engineer at Philips sent an email to a supplier claiming that the sound foam was shedding and caused users to inhale foam particles, noting that “this is not a healthy condition for our users.” The email shows that Philips was irresponsible in failing to address a known safety risk with its CPAP equipment.

More injuries

With the announcement of the recall of more than 60,000 of its V60 and V60 Plus ventilators, Philips has experienced yet another setback (breathing devices mainly used in hospitals). The ventilators may abruptly shut down without any prior notice or alarm, which is why the recall is being done due to issues with the electrical power supply. This flaw has been blamed for numerous injuries and at least one fatality.

The Philips CPAP Recall MDL judge has officially designated retired Magistrate Judge Diane M. Welsh as a Settlement Mediator in Pretrial Order #16, as agreed upon by the parties. An early settlement might be in Philips’ best interests, even though this action does not imply that the company is actively pursuing a CPAP settlement.

The Western District of Pennsylvania Local Rules require parties to participate in Court-sponsored alternative dispute resolution methods under Rule 16.1 in complicated litigation matters. It is unclear that the mediation would lead to early progress on a Final resolution; instead, the parties’ dedication to this ADR process is evidenced by the recent nomination of Judge Welsh as Settlement Mediator.

More complaints

In a company statement issued last week, Philips recognized a “sharp increase” in the number of complaints pertaining to foam degradation. More than 20,000 Medical Device Reports (MDRs) on foam degradation were filed in the previous calendar year. By asserting in its statement that the use of ozone cleaners, which are not permitted cleaning agents, is the primary problem with PE-PUR foam deterioration, Philips is signaling how it will defend CPAP litigation.

Also, Philips is pushing a recent study published in the European Respiratory Journal that finds no association between CPAP therapy utilizing Philips Respironics equipment and an increased risk of cancer. The study Philips is publicizing, however, makes clear that “definitive conclusions cannot be formed on the impact of PR devices on cancer risk.”

FDA update

FDA announced that it received more than 21,000 reports of adverse health effects linked to Philips CPAP devices. This was between April 2021 to April 2022. Health issues linked to the recalled CPAP devices, including the DreamStation, include cancer, pneumonia, respiratory issues, and other different illnesses.

FDA reports

Also, the FDA received 124 reports of fatalities connected to the hazardous foam used in CPAP and BiPAP machines. The fact that there were more fatalities than CPAP lawsuit lawyers initially expected shows the massive financial effects on Philips.

New product liability cases

Also, in the first two weeks of May, 14 new product liability lawsuits were filed against the Philips CPAP recall. It is projected that there would be a large rise in the number of new CPAP product liability claims. But, the bulk of CPAP lawyers don’t file lawsuits according to the conventional approach. According to estimates, there are 60,000 more CPAP recall lawsuits on the administrative docket. Further data on the number of CPAP cases filed will be available in two days at the following monthly status conference.

CPAP cases filed

Initially, wrongful death claims involving CPAPs were uncommon. However, there has been an increase in fatalities recently.

An example CPAP lawsuit in Oregon argued that Philips is liable for making dangerous sound abatement foams. The Oregon plaintiff started using a Philips DreamStation CPAP machine in 2018 and continued to use it every night for the next two years as prescribed. She was diagnosed with stage 4 lung cancer less than two years later. Her cancer was specifically caused by the dangerous foam inhalation from the DreamStation equipment, according to the wrongful death claim.

Shiffler lawsuit

The Shiffler lawsuit, which was brought in a federal court in Utah like every other CPAP recall complaint, will now be a part of the CPAP class action in the Western District of Pennsylvania.

It would be a noteworthy action and demonstrate how dissatisfied the FDA is with Philips if the FDA demanded that Philips reimburse the price of the CPAP machines that were recalled.

Skin cancer

Additionally, recent research indicates that skin cancer, which CPAP lawyers previously dismissed, might be a result of the CPAP equipment recall. If skin cancer appears in the vicinity of the area of the face where the CPAP mask is worn, this could lead to an especially compelling CPAP lawsuit.

Wall Street Journal report

The Wall Street Journal reported that the US Department of Justice served Philips with a subpoena requesting information regarding the CPAP recall. The subpoena means that the DOJ is investigating the CPAP recall. This has crucial consequences for Philips. The CPAP class action lawsuit is still underway, and the lawyers for both sides are preparing for the upcoming status conference with the judge. Cases involving administrative CPAP are still being sent to Pennsylvania Judge Conti.

April 2022 is likely to be a crucial month for the development of the CPAP and BiPAP lawsuits. Many historic cases are still pending in the US, including one against ResMed in California alleging that the company’s equipment cause sinus and lung infections because of dirty air filters. Additional allegations include alleged sizing issues in masks, deceptive advertising, and hidden hazards related to the usage of these devices.

Moreover, CPAP/BiPAP machine manufacturers are the target of ongoing class action lawsuits in Canada and Mexico alleging inadequate warnings regarding potential health concerns. In these claims, the plaintiffs contend that manufacturers ought to have done more to alert customers to risks prior to the sale of the items.

Amicable settlements

We anticipate considerable changes in each of these situations by April 2022. On the American side, we predict that a number of the cases will be resolved amicably or go to trial this month. Negotiations between the plaintiffs and defendants are also scheduled to resume on the fronts of Canada and Mexico.

When compared to the overall number of CPAP recall claims, there are now just 274 ongoing CPAP-related lawsuits in the MDL class action. The remaining claims are anticipated to be registered with the MDL court using a system that allows plaintiffs to postpone filing a claim while still maintaining their claims by tolling the statute of limitations.

But, there has been a recent uptick in court activity, which is a good sign that these claims are finally moving forward. This suggests that pretrial proceedings may soon begin to go forward.

FDA update

The FDA had previously let Philips know that its efforts to alert customers and medical professionals to the dangers of the recalled CPAP and BiPAP machines were insufficient. The FDA has responded by issuing a “notice order” forcing Philips to properly notify consumers of the CPAP recall while under FDA control. The FDA had been concerned about Philips’ replacement method, which prioritizes first-come, first-served orders and can jeopardize the safety of CPAP-dependent patients. Several individuals have contacted our CPAP attorneys to voice their worries about the dearth of secure CPAP choices.

The FDA had criticized the medical device maker in a harsh letter on March 12, 2022, for their insufficient CPAP machine recall and subpar patient notification. This unfavorable trend might work in the favor of the CPAP recall class action plaintiffs, as Philips would be more inclined to make fair settlement offers in light of the increasing level of public attention.

CPAP machines recall

Users of recalled Philips CPAP machines were given the opportunity to preserve their legal right to sue Philips by signing a tolling agreement, which was approved by the judge presiding over the Philips CPAP MDL, on March 5, 2022. Plaintiffs can make sure they can continue suing Philips even after the statute of limitations on their claim has run out by signing and registering a tolling agreement.

The devastating Philips CPAP recall is attracting the attention of politicians as well. On March 1, 2022, Senator Richard Blumenthal and Attorney General William Tong of Connecticut urged the FDA to step in to stop future occurrences of this kind and make sure Philips fixes the erroneous recall of its CPAP devices.

Preliminary FDA approval

Philips gained preliminary FDA approval on January 31, 2022, to “repair” its 15 million recalled CPAP and BiPAP machines by swapping out the hazardous PE-PUR foam for an alternative silicone foam. The FDA later demanded that Philips conduct independent safety testing on the new silicone-based foam, underscoring the firm’s errors in handling the recall.

On January 23, 2022, the court in the Philips CPAP MDL issued an order telling Philips to keep some of the physically damaged components of the recalled products in case the plaintiffs decide to have their machine repaired. Plaintiffs may also return their equipment to Philips for preservation as evidence if they choose not to have it fixed.

CPAP MDL

Just before Christmas, the Philips CPAP Recall MDL judge issued an order describing the process and timeline for choosing attorneys for appointment to the Plaintiffs’ Steering Committee in preparation of a significant year for CPAP cases. On behalf of all plaintiffs in the MDL, the committee manages motions practice, oversees discovery, designates core issue experts, and picks bellwether trial cases.

The Judicial Panel on Multidistrict Litigation set a hearing for January 16, 2022 to decide whether to combine all SoClean CPAP cleaning device claims into a new MDL class action. Users have alleged that SoClean’s use of ozone technology to disinfect CPAP machines, including recalled Philips models, causes hazardous ozone levels and respiratory health problems.

There are 137 CPAP cases in the MDL class action as of December 15, 2021. It is anticipated that this number will reach thousands. It has now been more and more obvious that the focus of the CPAP lawsuits will be on attributing the injuries to Philips’ carelessness. because Philips is facing more and more evidence.

CPAP machine recall

The FDA inspectors’ probe into Philips and the CPAP machine recall that affected millions of sleep apnea devices earlier this year was only recently completed. To find out what caused the recall, the FDA examined Philips’ internal emails, product testing, and operations reports. The inspection discovered concrete evidence that Philips employees were aware of the issues with the sound-dampening foam “but did not immediately respond.” Emails from a Philips employee to a foam supplier employee in 2015 and “at least 14 tests or assessments” dating back to 2016 were used as proof of this knowledge.

Deletion of evidence

Judge Conti issued a decision on the argument surrounding the deletion of evidence on November 25, 2021. The judge’s ruling permits Philips Respironics to continue correcting the flaws in the recalled CPAP machines, but it also mandates that they maintain the recalled devices completely and catalog the disputed foam in order to preserve the evidence that might be crucial at trial. By doing this, Philips will be prevented from destroying data that is necessary to support individual CPAP lawsuits.

Philips had earlier this year recalled millions of CPAP and BiPAP devices because the sound-absorbing foam (PE-PUR Foam) was deteriorating and exposing users to hazardous particles. For users of recalled products, Philips initiated a “repair-and-replace” program that involves swapping out the hazardous PE-PUR Foam for a new, silicone-based substitute foam. The FDA had given preliminary permission to Philips for this initiative, but it subsequently withdrew that approval after learning of fresh information that suggested the silicone replacement foam would also pose health and safety risks. The FDA has consequently ordered Philips to stop the repair program and have the new foam retested by a separate laboratory.

Philips was aware

New internal emails suggest the business was aware of the issue with PE-PUR foam degrading as early as 2015. These emails were discovered as part of the continuing investigation into the Philips CPAP recall. This indicates that Philips failed to address this safety threat for six years before acting.

The plaintiffs’ attorneys are fighting back, saying that more information is required before granting the relief, despite the fact that Philips has already asked urgent relief from the judge’s pretrial order on evidence preservation in the CPAP recall. 

The MDL class action’s presiding judge, Joy Flowers Conti, had made the initial decision to forward the CPAP claim. The first status meeting will take place on December 15, 2021, at 1:30. A crucial issue is anticipated to be the choice of attorneys who will oversee the plaintiffs’ class action discovery.

The plaintiffs’ attorneys and the

MDL class action

MDL class action tribunal had both agreed that an MDL class action case should be filed in Pennsylvania. All 114 CPAP lawsuits in federal court will be assigned to a single judge in Pennsylvania. The MDL panel chose a judge from western Pennsylvania to preside over both CPAP consumer class action cases and personal injury claims. Western Pennsylvania is home to Philips.

Eastern Pennsylvania was the favored location for the majority of plaintiffs’ counsel, thus the MDL panel chose to base the class action lawsuit there. The panel ultimately decided on western Pennsylvania, where Philips is based and where the CPAP machines were made, which was a slight setback. Despite this, holding the case in this venue still makes sense. In Pittsburgh, both CPAP consumer class action cases and personal injury claims will be supervised by Judge Joy Flowers Conti, an accomplished jurist who has served almost two decades on the federal bench.

Misrepresentation

There were many developments in the CPAP and BiPAP litigation in September 2021. ResMed Inc. is the target of a recent class action lawsuit alleging that they misrepresented the safety and effectiveness of their medicines. A case involving a child’s death as a result of purported manufacturing carelessness has also gone to trial. Finally, a number of cases are still outstanding and are being examined by courts all around the nation. 

FDA approval

As of September 28, 2021, an update Philips announced earlier this month that it has gained formal FDA approval to repair its recalled DreamStation and other CPAP equipment.

The safety recall, which was issued in June, affected over three million sleep apnea devices after it was discovered that the sound abatement foam inside the machines was deteriorating and exposing users to harmful chemicals. Owners of the affected machines initially received no assistance from Philips, but the business now claims to have the authority and resources necessary to repair and rework the recalled products.

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