Philips CPAP Lung Injury Lawsuit [June 2024 Update] (2024)

Health Risks Associated With Philips Respironics Devices

The recalled Philips CPAP devices have been associated with significant health risks due to the degradation of the polyester-based polyurethane (PE-PUR) foam used within them.

The massive Philips CPAP recall came after the Food and Drug Administration (FDA) discovered potential risks with the sound abatement foam in the company’s CPAP machine products.

This foam is designed to reduce sound and vibration.

Unfortunately, it can break down over time, leading to the release of small foam particles or chemicals that may not be visible to the user.

These particles can make their way through the CPAP machine or BiPAP machine, eventually being inhaled by users.

The inhalation of these particles can put users at risk for various conditions, including potentially life-threatening lung injuries and even lung cancer.

Risks Associated With PE-PUR Sound Abatement Foam

PE-PUR foam in Philips Respironics devices was intended to reduce sound and vibration, enhancing the comfort and usability of their sleep and respiratory care products.

However, this foam can degrade under certain conditions, such as exposure to high humidity and temperatures or the use of unapproved cleaning methods like ozone cleaners.

When it degrades, the foam can release potentially toxic and carcinogenic chemicals and particles that users might inhale or ingest, posing serious health risks.

Alleged risks associated with foam degradation include:

  • Inhalation and Ingestion Risks: Users may inhale or ingest foam particles or chemicals, potentially leading to serious health consequences.
  • Toxic and Carcinogenic Effects: There are concerns about the potential toxicity and carcinogenicity of the emitted particles or chemicals from the degraded foam.

Severe Health Problems Reported by Plaintiffs

Philips Respironics devices have been linked to significant health problems due to the breakdown of PE-PUR foam, which can emit toxic and carcinogenic particles and chemicals.

Users of these devices may inhale or ingest foam particles and harmful substances, leading to potential injuries, respiratory issues, and even cancer.

Plaintiffs in the Philips CPAP Lung Injury Lawsuit have reported experiencing severe health problems, notably:

  • Lung Injuries: Many individuals have suffered from lung injuries attributed to the inhalation of degraded foam particles or chemicals from Philips CPAP devices.
    • Symptoms of lung injuries can include difficulty breathing, chest pain, persistent coughing, and other respiratory issues.
  • Potential Links to Cancer: There are concerns and ongoing investigations into potential links between the use of these CPAP devices and an increased risk of cancer.
    • Studies are exploring whether exposure to certain chemicals or particles from the degraded foam may contribute to cancer development.

These reported health problems highlight the serious nature of the issues associated with the Philips CPAP devices and underscore the importance of seeking appropriate medical evaluation and legal guidance if affected by these devices.

Learn more

About Philips CPAP Lung Injuries

Lung injuries resulting from the degradation of PE-PUR foam in Philips CPAP devices can have serious implications for individuals’ health and daily lives.

Inhaled particles and volatile organic compounds from degrading sound abatement foam may cause inflammation and damage to lung tissue, potentially leading to chronic respiratory conditions or exacerbating existing lung diseases.

Individuals affected by these lung injuries may experience symptoms such as persistent coughing, difficulty breathing, and decreased lung function, which can significantly impair their quality of life.

Legal claims are being pursued by users who allege that Philips failed to adequately test the devices or warn about the risks, seeking compensation for their health problems and medical expenses.

Risks and Symptoms of Philips CPAP Lung Injuries

When sound abatement foam inside these devices breaks down, it can release particles and chemicals that users may inhale or ingest.

This exposure can lead to symptoms such as:

  • Difficulty breathing
  • Chest pain
  • Persistent coughing
  • Fatigue
  • Elevated heart rate
  • Bluish skin (cyanosis)

Symptoms can be alarming and may require immediate medical attention to prevent further complications.

Studies Suggesting the Link Between Lung Cancer and Injuries and PE-PUR Foam Exposure

As developments in the Philips CPAP Lawsuit unfold, studies suggesting the association between degraded PE-PUR foam and lung conditions are coming to light.

Since the announcement of the Philips CPAP recall, several studies have been conducted to look into the effects of the CPAP and BiPAP machines’ foams.

Here are some of the most recent studies conducted:

These studies have highlighted potential links between the use of CPAP devices containing polyurethane foam and lung-related issues.

More studies are being conducted to confirm the dangers of the PE-PUR foam in Philips CPAP devices.

Impact on Quality of Life

Lung injuries from PE-PUR inhalation may significantly impact daily life and overall well-being.

These injuries can compromise how well an individual can maintain proper oxygenation in the body.

As a result, they may limit physical activities, disrupt sleep patterns, and cause emotional distress.

Left untreated, lung injuries can even be life-threatening, especially when the injuries cause a collapsed lung (pneumothorax).

Pneumothorax is a condition where air enters the space between the lungs and chest wall.

When air builds up, the lungs don’t expand fully, causing labored breathing.

Individuals experiencing these symptoms may find it challenging to perform routine tasks or engage in activities they enjoy.

If you or someone you know has suffered from lung injuries or related symptoms due to the use of Philips CPAP devices, seek prompt medical evaluation and treatment immediately.

Besides seeking medical care, it may be a good idea to contact an attorney who is experienced in handling cases like the Philips CPAP Lawsuit.

Philips CPAP Lawyers can help you seek compensation for the injuries you’ve sustained.

Do I Qualify?

Overview of the Philips CPAP Lawsuit

The Philips CPAP Lawsuit has been consolidated into a multidistrict litigation (MDL) to handle the numerous claims that Philips Respironics devices, due to faulty PE-PUR foam, caused health issues.

The formation of the MDL allows for the consolidation of pretrial proceedings, streamlining the legal process for efficiency and uniformity in handling common factual questions.

According to the master complaint, the plaintiffs allege that Philips knew about the risks associated with the degrading foam but failed to warn consumers or regulatory bodies in a timely manner.

The legal arguments focus on negligence, design defects, failure to warn, and breach of warranty, among other claims.

The Philips CPAP Recall MDL

The Philips CPAP Lawsuit has been consolidated into a multidistrict litigation in the Western District of Pennsylvania, under the supervision of Judge Joy Flowers Conti.

The MDL was filed in 2021 as MDL 3014.

This MDL brings together multiple lawsuits related to the health risks associated with defective Philips CPAP, Bi-PAP, and mechanical ventilator devices due to foam degradation issues.

What are the Goals of the Philips CPAP MDL?

The Philips CPAP MDL has several key objectives centered on achieving justice and compensation for individuals impacted by the defective devices:

  • Compensation for Victims: One of the primary goals is to secure fair compensation for individuals who have suffered health issues and damages as a result of using the recalled Philips CPAP, Bi-PAP, and mechanical ventilator devices.
    • Compensation may cover medical expenses, lost wages, pain and suffering, and other related costs.
  • Accountability and Consumer Safety: The lawsuit seeks to hold Philips Respironics accountable for distributing potentially dangerous devices and failing to adequately address the risks associated with foam degradation.
    • The lawsuit aims to promote consumer safety and ensure that manufacturers prioritize product quality and user safety over profits.
  • Legal Precedent and Awareness: The litigation may establish legal precedents and raise awareness about the risks associated with similar medical devices.

Learn more

Developments in the Philips CPAP Recall Lawsuits

Recent legal developments surrounding the Philips CPAP lawsuits have significant implications for affected individuals and ongoing litigation.

Federal Court Orders Against Philips Respironics

In response to concerns over the safety and compliance of Philips Respironics’ sleep and respiratory devices, a federal court has issued orders halting the manufacturing and distribution of certain devices from Pennsylvania facilities.

This action was taken due to findings that these devices were adulterated and misbranded, posing potential risks to users.

Consent Decree and Recall Remediation Plan

On April 9, 2024, the Western District of Pennsylvania entered a consent decree against Philips Respironics.

The consent decree was in response to growing concerns over the safety of the Philips CPAP machines and BiPAP machines.

The consent decree restricts Philips Respironics from manufacturing and distributing new CPAP, BiPAP, and other devices until safety and compliance measures are met.

The key aspects of the decree include the following:

  • Implementation of a recall remediation plan to provide relief and assistance to patients affected by the June 2021 recall due to health risks associated with the polyester-based polyurethane (PE-PUR) foam used in the devices.
  • Mandates for Philips Respironics to take specific actions aimed at enhancing safety and compliance before resuming manufacturing and distribution operations.

At Torho*rman Law, we continue to accept clients for the Philips CPAP machine lawsuits and MDL.

We’re here for you if you intend to file a CPAP Lawsuit following your or your loved one’s PE-PUR-induced lung injuries.

Find out if you’re eligible to join the CPAP litigation.

Contact our CPAP lawyers for a free consultation or use the chatbot on this page.

Do I Qualify?

Why You Need an Experienced CPAP Lawyer

If you or a loved one have experienced lung injuries due to the use of Philips CPAP devices affected by, you may be eligible to seek compensation.

Our experienced lawyers can help you through the process to file a CPAP Lawsuit and advocate for adequate compensation.

With an experienced personal injury lawyer, you can seek maximum compensation, protect your rights, and proceed with your claim with confidence.

Lawyers Will Handle the Process on Your Behalf

Lawsuits involving medical device defects and personal injury can be complex.

An attorney experienced in mass torts and product liability cases will ensure that your rights are protected throughout the legal process.

Lawyers handle all aspects of the case, from filing the necessary paperwork to negotiating settlements, allowing you to focus on your health and recovery.

Attorneys understand the intricacies of medical device litigation and can effectively manage the process to ensure that all procedural requirements are met timely and accurately.

With a lawyer representing you, you can benefit from professional expertise that aims to secure the maximum compensation possible for your injuries and losses.

Your Lawyer Will Help You Understand Your Options

A qualified attorney can explain your legal options and advise you on the best course of action based on your circ*mstances.

This includes assessing whether you qualify to join existing litigation, file an individual claim, or pursue other legal remedies available to you.

Your Lawyer Will Work to Achieve the Highest Settlement Possible

Expert legal representation can help maximize the compensation you deserve.

An attorney will factor in losses like your medical expenses, lost wages, pain and suffering, and other damages caused by the use of defective devices.

By doing so, your CPAP lawyer will work hard to ensure that you receive a fair settlement.

Filing Your Claim Within the Statute of Limitations

There are deadlines, known as statutes of limitations, for filing claims in these types of cases.

Missing these deadlines can result in losing your right to seek compensation.

An attorney can ensure your claim is filed within the applicable time limits to preserve your legal rights to compensation.

Peace of Mind Throughout Your CPAP Machine Lawsuit

Dealing with health issues and legal matters at the same time can be daunting and overwhelming.

Hiring an experienced attorney can provide peace of mind, knowing that you have a committed advocate working to achieve the best possible outcome for your case.

Learn more

Torho*rman Law: Your Philips CPAP Lawyers

The dedicated team at Torho*rman Law is committed to advocating for the rights of victims in the Philips CPAP Lawsuit.

We understand the challenges you may be facing and are here to provide compassionate support and expert legal guidance.

If you’ve sustained lung injuries due to a defective Philips CPAP machine, BiPAP machine, or Ventilator device, contact Torho*rman Law for a free consultation.

You can also use the chatbot on this page to find out if you qualify for the Philips CPAP Lawsuit instantly.

Do I Qualify?

Philips CPAP Lung Injury Lawsuit [June 2024 Update] (2024)

FAQs

What is the CPAP lawsuit update for 2024? ›

Latest Updates: Philips Respironics reached a $1.1 billion settlement over CPAP lawsuits on April 29, 2024. Of that, $1.075 billion would go toward personal injury claims that its devices caused serious complications or death.

What is the update on the class action lawsuit with Philips? ›

A proposed Settlement has been reached in a U.S. class action lawsuit alleging Economic Loss Claims related to the purchase, lease, or rental of certain CPAPs, BiPAPs, and ventilators that Philips Respironics recalled beginning in June 2021. These devices were sold in the U.S. between 2008 and 2021.

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

We believe Philips Respironics will seek to settle all of the CPAP lawsuits pending against them in the MDL sometime in late 2024 or early 2025. If you or a loved one was injured by a Philips CPAP or BiPAP device, you have the legal right to sue to recover your losses.

How much money are people getting from the CPAP lawsuit? ›

The settlement is for economic loss, not the CPAP wrongful death and injury cases our firm is dealing with. These are small-time settlements. Most victims will get $100 for each recalled device and may be entitled to a device payment award ranging from $55.63 to $1,552.25, depending on the specific recalled device.

What law firm is handling the Philips CPAP lawsuit? ›

Hughes & Coleman Injury Lawyers examines claims on behalf of clients who have acquired lung damage, cancer, or other ailments due to using the recalled Philips® CPAP machines, BiPAP sleep apnea machines, and Philips® Respironics ventilators.

What is the statute of limitations on CPAP lawsuit? ›

Eligibility for Philips CPAP Machine Lawsuit

Age 75 or below at the time of diagnosis. Cases with a three-year statute of limitations, limited to states with four years and beyond. Death occurred within two years of the signup date. Device usage between 2007 and April 25, 2021.

Did the CPAP maker agree to pay? ›

Philips agrees to pay $1.1 billion settlement after wide-ranging CPAP machine recall. Medical device company Philips reached a settlement Monday to shell out $1.1 billion to cover hundreds of personal injury lawsuits linked to its respiration and sleep apnea machines.

What are the symptoms of the Philips CPAP lawsuit? ›

Symptoms of CPAP Recall Injury
  • Headache.
  • Airway irritation.
  • Sinus pressure.
  • Persistent cough.
  • Chest pressure.
  • Skin, eye, or respiratory tract irritation.
  • Headache.
  • Inflammation.
Jan 10, 2023

How many people affected by Philips recall? ›

FDA: More than 500 deaths reportedly connected to recalled Philips Respironics devices. As of Sept. 30, 2023, there have been 561 reported deaths reportedly connected to recalled Philips Respironics devices, according to an update from the FDA.

How much is the device payment award for respironics? ›

“Under the terms of the settlement agreement, there are set payments ranging from $55.63 to $1,552.25 per recalled device … for device payment awards, and $100 per recalled device for device return awards to users.

How long does it take to get results from CPAP? ›

Individuals adjust to CPAP therapy at different rates, therefore there is no specific time frame in which you should feel the effects. Some users will respond to CPAP therapy and feel a noticeable difference within a couple days, whereas some may take a few weeks.

How do I join the Philips class action lawsuit? ›

How to Join a Class Action Lawsuit Against Philips CPAP Machine? To join a class action lawsuit against Philips CPAP machines, you may want to consult an attorney with experience in mass torts and medical device cases. An attorney can make sure you take appropriate action to receive fair compensation.

What is the settlement for Respironics personal injury? ›

Even so, Philips agreed to pay $1.075 billion to settle the personal injury MDL, plus $25 million for medical monitoring. The deal followed a separate $479 million class action settlement in September to compensate people who purchased or rented one of the recalled devices.

Did Philips pay $1.1 BLN in US settlement over ventilator recall? ›

Dutch medical devices maker Philips said on Monday it had agreed to pay $1.1 billion in a settlement of personal injury cases in the United States related to the global recall of ventilators used to treat sleep apnea.

Do I have to return my Philips CPAP? ›

Please note that to effectuate the Recall consistent with FDA laws and regulations, it is necessary that you return your Affected Device promptly.

What is the status of the CPAP recall? ›

Update: April 2024

The consent decree comes after Philips recalled certain ventilators, continuous positive airway pressure (CPAP) machines, and bi-level positive airway pressure (BiPAP) machines in June 2021 because of potential health risks—impacting 15 million devices worldwide.

Is there a lawsuit against ResMed CPAP? ›

WASHINGTON - The Department of Justice announced today that ResMed Corp., a manufacturer of durable medical equipment (DME) based in San Diego, California, has agreed to pay more than $37.5 million to resolve alleged False Claims Act violations for paying kickbacks to DME suppliers, sleep labs and other health care ...

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