CPAP Lawsuit 2026 | Philips Recall, Cancer Claims, Settlements

The CPAP recall and resulting lawsuits have affected millions of sleep apnea patients who relied on these devices for nightly breathing support. After serious safety concerns emerged about foam degradation inside certain CPAP, BiPAP, and ventilator machines, users began reporting health risks ranging from respiratory irritation to more severe long term complications. What began as a product recall quickly escalated into large scale litigation, as patients sought answers, accountability, and financial compensation for defective medical devices. As court proceedings continue and settlements develop, many affected individuals remain uncertain about their legal rights and available options.

On this page, we will see details of the CPAP recall, health risks linked to the devices, lawsuit developments, settlement updates, eligibility criteria, and frequently asked questions.

What Is the CPAP Lawsuit About?

The CPAP lawsuit centers on claims that certain sleep apnea machines were defectively designed and placed patients at risk of harm. The legal actions primarily involve devices that contained sound abatement foam which could break down during normal use. When the foam degraded, users may have inhaled or swallowed small particles or chemicals while breathing through the machine. Many patients allege they were not properly warned about these risks and continued using the devices for months or years without knowing the potential dangers.

The lawsuits argue that the manufacturer failed to adequately test the foam, delayed issuing a recall, and did not promptly inform patients and healthcare providers once problems were discovered. As a result, plaintiffs are seeking compensation for medical expenses, device replacement costs, lost wages, and pain and suffering. The litigation also aims to hold the company accountable for economic losses and health related injuries linked to the recalled CPAP devices.

Who Is Involved — Philips, Plaintiffs, and Medical Providers?

The CPAP litigation involves several key parties, each playing a distinct role in the recall and legal process. At the center is Philips Respironics, the manufacturer of the recalled CPAP, BiPAP, and ventilator devices. Philips faces allegations related to product design defects, inadequate testing, and failure to provide timely warnings about the risks associated with foam degradation. The company has been responsible for issuing the recall, managing repair and replacement programs, and responding to regulatory scrutiny and lawsuits filed across multiple jurisdictions.

The plaintiffs are patients and consumers who purchased or used the affected devices. Many relied on these machines to manage sleep apnea or other serious respiratory conditions and claim they suffered health issues, financial losses, or both as a result of the recall. Some plaintiffs report respiratory symptoms or other medical complications, while others seek reimbursement for out of pocket costs, replacement devices, and diminished device value.

Medical providers also play an important role in this litigation. Sleep specialists, pulmonologists, hospitals, and durable medical equipment suppliers prescribed, distributed, or managed the use of CPAP devices for patients. While most providers are not defendants, they are often involved in advising patients on whether to continue or discontinue use, recommending alternative treatments, and documenting medical impacts that may later support individual legal claims.

What CPAP and BiPAP Devices Are Affected?

The CPAP and BiPAP devices involved in the lawsuit are primarily those manufactured by Philips Respironics and sold over a period of several years. These machines were widely used to treat sleep apnea and other breathing disorders and were distributed across the United States, Canada, and many other countries. The affected devices shared a common design feature that used polyester based polyurethane foam for sound reduction, which later became the focus of safety concerns.

According to recall information, several popular product lines are included, such as certain DreamStation CPAP and BiPAP machines, System One devices, and older BiPAP models used in home and clinical settings. Some ventilator units were also impacted. The recall applies to machines manufactured over multiple years, and both new and long term users may be affected. Patients are encouraged to confirm whether their specific model and serial number fall within the recalled group, as eligibility for repair, replacement, or legal claims depends on the exact device involved.

What Caused the CPAP Recall — PE-PUR Foam Breakdown?

The CPAP recall was triggered by the discovery that polyester-based polyurethane foam, commonly referred to as PE-PUR foam, could break down inside certain sleep apnea devices. This foam was used to reduce noise and vibration during operation. Over time, exposure to heat, humidity, and routine cleaning methods caused the material to degrade, creating the risk that small foam particles could enter the device’s air pathway and be inhaled or swallowed by users during normal breathing.

In addition to physical particles, the degrading foam was found to potentially release chemical compounds into the airflow. These emissions raised concerns about toxic and carcinogenic effects with prolonged exposure. Many patients used their CPAP or BiPAP machines nightly for years without knowing about this risk, which heightened safety concerns and regulatory scrutiny. Once these issues became known, health authorities and the manufacturer determined that a large scale recall was necessary to address the potential dangers posed by the foam breakdown.

What Health Risks Are Alleged — Cancer, Respiratory Injury, and Toxic Exposure?

The CPAP lawsuits allege that prolonged use of recalled devices exposed patients to serious health risks due to inhalation or ingestion of degraded foam particles and chemical emissions. One of the most serious concerns raised in these claims is an increased risk of cancer. Plaintiffs argue that long term exposure to potentially carcinogenic substances released by the breaking down foam may be linked to cancers of the lungs, throat, and other organs, particularly among users who relied on the devices nightly over several years.

In addition to cancer claims, many users report respiratory injuries and chronic symptoms. These include persistent coughing, airway irritation, asthma like conditions, sinus infections, headaches, and chest discomfort. Some plaintiffs also allege systemic effects related to toxic exposure, such as fatigue, nausea, and inflammation. While individual outcomes vary, the lawsuits contend that users were not adequately warned about these risks, preventing them from making informed decisions about continued device use.

What Symptoms and Injuries Have Been Reported?

Users of recalled CPAP and BiPAP devices have reported a wide range of symptoms that they believe are linked to exposure from degraded foam particles and chemical emissions. Common complaints include persistent coughing, sore throat, sinus irritation, headaches, dizziness, and difficulty breathing. Many patients also describe chest tightness, nausea, and ongoing respiratory discomfort that developed after prolonged use of the affected machines.

More serious injuries have also been alleged in some cases. These include the development or worsening of asthma, chronic bronchitis, and other long term respiratory conditions. Some users report inflammatory reactions, fatigue, and sleep disturbances, while others claim more severe outcomes such as organ damage or cancer diagnoses. The severity and type of symptoms vary based on duration of use, individual health history, and level of exposure, but these reported injuries form the basis of many claims filed in the CPAP litigation.

What Evidence Exists — FDA Findings, Internal Documents, and Scientific Studies?

The evidence cited in CPAP lawsuits comes from multiple sources, including regulatory findings, company records, and scientific research. Federal regulators identified risks associated with foam degradation after receiving complaints and adverse event reports from device users. These findings highlighted concerns about inhalation of foam particles and exposure to chemical emissions, which ultimately led to broader scrutiny and corrective actions.

Plaintiffs also point to internal company documents that allegedly show the manufacturer was aware of potential foam related issues before the public recall was announced. These records are used to support claims that warnings were delayed and that users were not promptly informed of known risks. In addition, scientific studies examining polyurethane foam breakdown and chemical off gassing are referenced to explain how long term exposure could contribute to respiratory injury, inflammation, and other health effects. Together, this evidence forms the foundation of the legal arguments in the CPAP litigation.

Type of Legal Action — MDL, Class Action, and Individual Injury Claims

The CPAP litigation involves several types of legal actions, each designed to address different categories of claims. In the United States, thousands of federal cases have been consolidated into a multidistrict litigation, or MDL. This process allows similar lawsuits to be coordinated before one judge for pretrial proceedings, improving efficiency while preserving each plaintiff’s individual claim. Personal injury cases within the MDL focus on alleged health harms linked to prolonged use of recalled CPAP and BiPAP devices.

Separate from the MDL, class actions have been used primarily to address economic loss claims. These cases seek compensation for the cost of recalled devices, repairs, replacements, and related expenses, rather than personal injuries. In addition, some individuals pursue standalone injury claims in state courts. These cases allow plaintiffs to present unique medical histories and damages that may not fit within broader group actions.

Timeline of the CPAP Lawsuit and Recall Developments

July 6, 2025 – Settlement Payments Rolling Out

Payments are set to begin for eligible victims, prioritising minor claims. Early settlements are expected in amounts such as $5,000, $10,000, and $20,000, providing financial relief while the larger cases continue through the process.

May 15, 2025 – Challenging an Extraordinary Injury Fund (EIF) Determination

Recipients of an EIF Determination have 30 days from the Settlement Administrator’s posting of the notice to either accept the decision or request reconsideration. Those seeking reconsideration may submit additional supporting documents. The Allocation Special Master will review all requests and issue a Post-Reconsideration Notice of Extraordinary Injury Fund Award, which is final, binding, and cannot be appealed.

April 1, 2025 – EIF Submission Process Opens

The process for submitting claims to the Extraordinary Injury Fund (EIF) officially began today. Eligible claimants can now provide the necessary documentation for review under the EIF program.

March 17, 2025 – Understanding the EIF

The Extraordinary Injury Fund (EIF) is established under Section 6.7 of the Master Settlement Agreement (MSA). The Allocation Special Master develops the methodology for evaluating EIF applications. The fund, ranging from $75 million to $150 million, is designed to compensate claimants who experienced injuries or required treatments not addressed by the Expedited Pay Program or Full Evaluation Program.

September 3, 2024 – CPAP MDL Sees Slight Decline

During August 2024, the CPAP class action MDL decreased slightly, with the number of pending cases dropping from 810 to 798. This reflects ongoing case resolutions, withdrawals, or other procedural adjustments.

September 2, 2024 – Philips Seeks Streamlined Discovery; PFAS Consumer Class Action Filed

Philips has requested that Judge Conti simplify and coordinate discovery procedures across two linked CPAP MDLs. The company argues that consolidating discovery materials from both cases would improve efficiency, particularly in its effort to recover settlement funds from SoClean. This approach leverages the oversight of a single court to manage related MDLs more effectively.

In related news, a new consumer class action has been filed in Minnesota federal court, targeting 3M Co., EIDP Inc. (formerly E.I. du Pont de Nemours & Co.), and The Chemours Co. The 355-page complaint, brought by Vicki Peterson and Paul Sadeghi, alleges that the companies sold stain- and dirt-repellent chemicals containing PFAS to carpet manufacturers without disclosing the associated health risks. These “forever chemicals,” known for their environmental persistence, were incorporated into carpets installed in millions of homes and businesses.

The lawsuit claims the defendants knowingly concealed the dangers of PFAS from manufacturers, retailers, and consumers, allegedly coordinating efforts to suppress historical safety data linking these chemicals to cancer. According to the complaint, internal studies conducted jointly by 3M and DuPont documented these risks, yet the companies failed to disclose this information to the public, exposing consumers to potentially serious health and environmental harms.

August 18, 2024 – Upcoming CPAP Settlement Deadlines

Key deadlines for the CPAP settlement programs are approaching:

Date	Event
9/25/2024	Medical Monitoring: Deadline to submit objections
10/9/2024	Medical Monitoring: Final Approval Motion and Response to Objections Due
10/30/2024	Medical Monitoring: Final Approval Hearing
12/10/2024	Private Personal Injury Settlement: Deadline to register settlement

Please note that these dates may change. It is essential to consult your attorney to ensure all deadlines relevant to your case are properly managed.

August 9, 2024 – Status Conference Update

A status conference held in late July reviewed key agenda items, including updates on the private personal injury settlement. Presentations were made by the settlement administrator, outlining the allocation methodology, and the lien resolution administrator. Moving forward, no additional monthly status conferences will occur for the rest of 2024. Instead, counsel will submit monthly written status reports. The next in-person status conference is scheduled for January 14, 2025, and settlement administrators are tasked with proposing a method for the court to access these reports online.

August 1, 2024 – MDL Case Count Update

The CPAP class action MDL saw 15 new cases added over the past month, bringing the total number of pending cases to 810.

July 10, 2024 – Philips SENSE XL Torso Coil Recall

During ongoing updates over the past three years, numerous Philips medical device recalls have been highlighted. One notable example is the SENSE XL Torso Coil, an MRI coil intended for imaging the chest, abdomen, and pelvis. The FDA issued a Class I recall for this device after multiple reports indicated the coil overheated during scans, resulting in serious burn injuries to patients. This recall underscores the continued importance of monitoring Philips’ medical device safety alerts.

June 11, 2024 – Plaintiffs Respond to Settlement Objections

Following objections raised to the CPAP settlement in early June, plaintiffs’ attorneys submitted a detailed response. They emphasized that, unlike traditional class action settlements, the CPAP settlement is opt-in, meaning eligible claimants must actively elect to participate to receive compensation. Those who choose not to participate retain the right to pursue independent legal action against Philips.

The response addresses three key objections: redefining “Qualifying Injury” to cover more plaintiffs, potential conflicts with ethical guidelines, and alleged limitations on attorneys’ conduct. Plaintiffs’ counsel argued these objections lack standing, as they do not affect the legal rights of the objectors. The settlement is carefully structured to comply with ethical rules, ensuring that attorneys are not required to engage in unethical behavior.

Specifically, the response clarifies that provisions cited in sections 7.3 and 7.4 of the settlement do not prevent lawyers from representing clients independently or practicing ethically. While the settlement discourages attorneys from soliciting new clients in this litigation, it does not require withdrawal from existing clients. The motion reinforces that the CPAP settlement protects the rights of non-participating claimants while adhering to all applicable ethical standards, including those of the American Bar Association.

June 2, 2024 – Plaintiff Objects to Master Settlement Agreement (MSA)

A plaintiff filed a formal objection to the proposed CPAP Master Settlement Agreement (MSA), claiming that certain provisions create ethical conflicts for attorneys representing affected clients. The objection highlights two paragraphs in the MSA:

• Paragraph 7.3 – restricts lawyers from soliciting or taking on new clients for claims against the released parties, which allegedly violates ABA Model Rule 5.6, prohibiting agreements that limit a lawyer’s right to practice law.
• Paragraph 7.4 – requires attorneys to recommend the settlement to all clients and mandates withdrawal from representing clients who opt out, allegedly creating conflicts of interest under ABA Model Rule 1.7 and forcing withdrawal in violation of ABA Model Rule 1.16.

The objection requests that the court either remove these paragraphs or deny approval of the MSA entirely. According to the filing, these provisions are unfair to clients and their legal representatives and do not satisfy the standards of a fair, reasonable, and adequate settlement under Federal Rule of Civil Procedure 23(e).

May 9, 2024 – Preliminary Overview of the CPAP Settlement Agreement

The CPAP settlement agreement was released this morning. While a thorough review is still underway, here’s a preliminary summary for those seeking immediate information.

Who Is Eligible?

Only individuals who were represented by an attorney before April 29, 2024, or pro se claimants who had already filed a case, and who used the recalled devices, may participate in the $1.075 billion settlement. Shortly after the agreement is finalized, the overseeing courts, both the MDL court and Massachusetts state court, will issue orders requiring all attorneys and pro se litigants to identify eligible claimants.

Claim declarations must be submitted within 30 days of these court orders. Attorneys must include all eligible claimants they represent. Those without active clients or claims on the Census Registry may still submit declarations. Individuals not listed by the deadline are generally considered ineligible, except in cases of mutual agreement. Philips’ contribution to the settlement is fixed; the company is not concerned with the internal allocation of funds.

Timeline for Payments

Disbursements will begin in 2025. Philips must contribute $25 million within 14 days of executing the MSA to cover initial administrative costs. The remaining $1.05 billion will be deposited into the Settlement Fund by January 6, 2025, contingent on certain conditions being met.

Opting Out

Participation is voluntary, but opting out is challenging. Opt-out plaintiffs must meet strict procedural requirements, including producing comprehensive claim documentation, medical records, proof of device use, and causation evidence within 60 days of opting out. Expert reports are due within 90 days, and notice to relevant parties must be provided within 30 days to preserve necessary records. Failure to comply could result in dismissal with prejudice. Only a small fraction of opt-out plaintiffs are likely to successfully navigate this process.

Settlement Distribution

The settlement employs a points-based system to determine individual compensation. Factors considered include claimant age, duration of CPAP use, severity of medical conditions, and the strength of the scientific link between device use and health outcomes. While this system aims to be objective, the variation in individual cases may mean some claimants receive less than expected.

Estimated Averages

Currently, over 59,000 claims have been filed. Dividing the $1.075 billion fund by the number of claims suggests an average payout of roughly $18,220 per claimant. Actual payments will vary depending on the points awarded and the specific circumstances of each case, meaning some claimants will receive more while others may receive less. While designed to be fair, the distribution system may leave some participants dissatisfied.

May 7, 2024 – Common Benefit Fund Allocation

The CPAP common benefit fund is set at 10 percent, with 8 percent for fees and 2 percent for expenses, totaling $107.5 million for attorneys in leadership roles. This is in addition to nearly $100 million already received for economic loss claims purposes.

April 30, 2024 – Settlement Details Pending

Further specifics on how the settlement will be implemented are expected in the coming week.

April 29, 2024 – $1.1 Billion CPAP Settlement Announced

Reports indicate that Philips has reached a $1.1 billion settlement for CPAP personal injury claims. Stock prices for Philips surged following the announcement. Earlier estimates had suggested the company might face $2 billion to $4.5 billion in combined personal injury and wrongful death claims. Victims are expected to receive settlement payments in 2025.

According to Philips’ CEO, the settlement covers all current and anticipated U.S. claims over the next six months. The plaintiffs’ steering committee stated that the agreements aim to compensate affected CPAP users suffering significant physical injuries while also supporting essential research for treatment. These agreements fulfill the litigation’s goal of holding Philips accountable, providing care, and compensating those needing new respiratory devices.

Eligible individuals, whether they have filed a lawsuit, registered in the census, or taken no action, will have a six-month window from the settlement date to enroll. With over 59,000 claims filed and counting, the total $1.1 billion fund will be divided among qualifying claimants. The critical next step is determining how many claims are valid and viable.

April 16, 2024 – Narrowing CPAP-Related Claims

CPAP attorneys are focusing on specific types of injuries and conditions. Respiratory-related injuries include:

• Asthma
• COPD
• Pneumonitis
• Sarcoidosis
• Interstitial Lung Disease
• Bronchiectasis
• Bronchiolitis Obliterans
• Acute Respiratory Distress Syndrome
• Bronchitis
• Lung Irritation/Inflammation
• Pulmonary Fibrosis

For cancers, attorneys are concentrating on types most likely linked to CPAP exposure:

• Oral cavity
• Oropharynx
• Nasal cavity/sinus
• Nasopharynx
• Larynx
• Hypopharynx
• Salivary glands
• Esophagus (upper and mid, squamous cell carcinoma)
• Lung
• Blood
• Thyroid

April 12, 2024 – New CPAP Cancer Lawsuit Filed

A new case alleges that a Kentucky man developed breast and bone cancer after six years of using a DreamStation CPAP device. The lawsuit claims Philips knew about risks associated with the polyester-based polyurethane foam in the machine, which may degrade and release toxic particles for inhalation. The plaintiff reports severe physical and emotional distress, including invasive cancer treatments and related complications.

These updates show the settlement is moving forward while litigation continues over specific injuries, including respiratory conditions and cancers potentially linked to CPAP use.

April 10, 2024 – Court Approves Philips-FDA Consent Decree

A consent decree between Philips and the FDA has been formally approved, following regulatory concerns about Philips Respironics sleep and respiratory devices. The decree requires Philips to halt production of most sleep and respiratory devices at three Pennsylvania facilities until compliance standards are met.

Under the decree, external experts will inspect Sleep and Respiratory Care facilities to ensure adherence to the Federal Food, Drug, and Cosmetic Act (FDCA), focusing on issues like the foam used in recalled devices. The FDA can extend injunctions to additional facilities if future inspections reveal non-compliance. This decree underscores the seriousness of regulatory scrutiny and strengthens the moral and legal weight of the CPAP class action lawsuits, likely encouraging Philips toward a fairer settlement.

April 5, 2024 – Ventilator Malfunction Warning

Philips issued warnings regarding potential malfunctions in Trilogy Evo, Trilogy Evo O2, and Trilogy EV300 ventilators, which may falsely signal low battery or power failure. While no injuries have been reported, this highlights ongoing product safety challenges. The proactive disclosure contrasts with the CPAP recall, where hundreds of deaths occurred, emphasizing the financial and human cost of delayed action.

April 1, 2024 – MDL Case Count

Only 14 new cases were added to the CPAP recall MDL last month, bringing the total pending cases to 762, up from 755 at the start of the year.

March 20, 2024 – Global Sleepnet Mask Recall

Sleepnet issued a worldwide recall of CPAP and BiPAP masks containing magnets, including Mojo, Mojo 2, iQ 2, and Phantom 2 models, due to risks of interference with medical implants. The FDA classified this as a Class I recall, indicating a high risk of serious injury or death. Fortunately, no injuries or fatalities have been reported.

March 13, 2024 – Philips Seeks MDL Dismissal

Philips requested a federal court dismiss claims alleging recall mismanagement and consumer protection violations, citing the Federal Food, Drug, and Cosmetics Act (FDCA) as a shield. These claims are separate from the personal injury and wrongful death suits pursued in the MDL.

March 8, 2024 – MDL Case Dismissals

The number of pending cases in the CPAP recall MDL decreased from 760 to 748 due to dismissals, following a period of heightened filings last year.

March 1, 2024 – MDL Conference

Attorneys met with Judge Conti to review litigation progress and upcoming deadlines for selecting representative claims for early trial dates in 2025. While trial dates may seem distant, they are essential for applying pressure toward a global settlement. Philips has expressed interest in resolving the CPAP litigation in 2024, but the wide range of alleged health complications complicates this goal.

February 23, 2024 – Preserving Recalled Devices

CPAP attorneys submitted a proposed Preservation Order for recalled Philips CPAP, BiPAP, and mechanical ventilator devices. The order, agreed upon by both plaintiffs’ and defendants’ counsel, establishes protocols for preserving these devices, including storage, maintenance, and handling procedures. The goal is to ensure evidence integrity and fair access for both parties, safeguarding crucial materials for ongoing litigation.

February 16, 2024 – CPAP Settlement Progress

A settlement mediator appointed by Judge Conti provided updates on the status of CPAP settlement negotiations.

February 6, 2024 – Reported CPAP-Related Deaths

Federal regulators report that at least 561 deaths have been linked to recalled Philips CPAP, BiPAP, and other breathing assistance devices. These fatalities are part of nearly 120,000 cases of serious health issues associated with toxic sound abatement foam in the devices.

January 30, 2024 – Philips Halts U.S. CPAP Sales

Philips announced it will stop all U.S. sales of CPAP and BiPAP devices as part of a tentative settlement with U.S. regulatory authorities addressing product safety concerns. The measure is estimated to cost Philips approximately $400 million and demonstrates the seriousness of the regulatory findings.

January 10, 2024 – Consumer Class Action Fees

Lawyers representing consumers in a CPAP class action settlement for faulty ventilator foam requested $95 million in fees and expenses from a Pennsylvania federal court. The settlement awarded consumers between $55 and $1,552 per recalled device, with $100 for each returned device, totaling $500 million.

January 8, 2024 – Philips Alleges SoClean Contribution

Philips has stated that SoClean products played a role in the degradation of insulating foam in certain recalled CPAP devices. The company claims that SoClean’s ozone-cleaning machines caused damage while providing misleading information to distributors and consumers about their safety with Philips respiratory equipment.

January 4, 2024 – Highest-Value CPAP Lawsuits

Legal experts identify the most valuable CPAP claims as those involving victims with lung, head, or neck cancers, given the strong scientific link to the device exposure. Cases involving asthma, Stage 4 COPD, pneumonitis, pulmonary fibrosis, sarcoidosis, and certain liver or kidney conditions are also considered significant for settlement potential.

October 12, 2023 – CPAP Consumer Class Action Settlement

Philips has agreed to at least a $479 million settlement in the consumer class action for affected CPAP purchasers and insurers. Payments range from $56 to $1,552 per consumer, plus $100 for returned devices. The settlement awaits final approval on April 11, 2024, and attorneys’ fees and costs are estimated at $95 million. This settlement is separate from the ongoing personal injury and wrongful death CPAP lawsuits.

October 7, 2023 – Ongoing Issues with Philips CPAP Recall

Two years after the recall, the FDA remains dissatisfied with Philips’ handling of the CPAP recall. The agency is concerned that the testing data provided does not adequately address the risks associated with the degradation of sound-dampening foam, which is central to the recall and the lawsuits. Philips maintains that exposure to foam particles is likely harmless, though questions remain about the credibility of these claims.

September 23, 2023 – Attorneys Withdrawing from CPAP Cases

In certain MDL cases, CPAP attorneys requested to withdraw from representing clients due to “irreconcilable differences.” Judge Flowers required the attorneys to formally notify their clients, allowing 21 days to raise any objections, and to document the notification in case records. Common sources of client frustration include poor communication and slow case progress.

September 7, 2023 – Philips CPAP Settlement

Philips agreed to a minimum $479 million settlement to resolve part of the litigation related to the 2021 recall, focusing on economic loss claims. This settlement does not affect the personal injury or wrongful death lawsuits, which remain ongoing. Analysts estimate potential payouts for injury claims could reach $4.5 billion.

August 17, 2023 – 25 New Cases Added to MDL

The Philips CPAP MDL saw 25 new cases added over the past month, bringing the total to 698 pending cases. This is a decrease from the prior month’s record of 125 new cases, possibly reflecting a summer slowdown.

August 2, 2023 – Extended MDL Timeline

The updated Case Management Order indicates that the Philips CPAP MDL is proceeding slowly. Deadlines extend through February 2025 for the anticipated Daubert hearing, suggesting that the first test trial may not occur until mid-2025.

July 1, 2023 – 30 New Cases Added to MDL

Over the past month, 30 additional lawsuits were transferred into the Philips CPAP recall MDL, bringing the total to 548 cases for the year. While June was relatively slow, new filings indicate that litigation activity is gradually increasing, with expectations of higher volumes after the summer.

June 1, 2023 – Filing Deadline Approaches for Some Claimants

As the two-year anniversary of the Philips CPAP recall approaches, prospective claimants in states with a two-year statute of limitations risk having their claims barred if they do not file or register. Philips may argue that notice from the recall triggered the statute of limitations. Timely filing ensures eligibility for potential settlements and participation in the ongoing mass tort litigation.

May 1, 2023 – Funds Set Aside for Consumer Settlement

Philips has earmarked $630 million for consumer class action settlements covering economic losses from the CPAP recall. This allocation does not cover injury or wrongful death claims, which remain pending and are expected to involve significantly higher payouts. The company has indicated a goal to resolve economic loss claims by the end of the year.

April 14, 2023 – FDA and Philips Disagreement

The FDA and Philips continue to disagree on the company’s progress in addressing the CPAP recall, signaling ongoing regulatory scrutiny and unresolved compliance issues.

April 1, 2023 – CPAP Injury Reports Increase

The FDA reported over 8,000 new adverse health events linked to recalled CPAP devices in the last two months of 2022, with a 30% increase in reported deaths. To date, over 98,000 adverse events and 346 deaths related to these devices have been recorded.

February 14, 2023 – Latest Adverse Event Data

Updated FDA Medical Device Reports indicate that between November 2022 and February 2023, an additional 9,000 adverse events and 90 deaths were reported, bringing total incidents to over 98,000 and deaths to 350.

January 9, 2023 – New CPAP Nasal Cavity Cancer Lawsuit

A new lawsuit, Kirsh v. Koninklijke Philips, N.V. (2:22-cv-01884), alleges that a defective CPAP device caused nasal cavity cancer in the plaintiff. A loss of consortium claim was also filed by the plaintiff’s spouse. Nasal cavity cancer is rare, particularly in non-smokers, highlighting the severity of the alleged injury.

Philips CPAP Litigation and Recall Updates

December 21, 2022 – CPAP Brain Cancer Lawsuit Filed

Following the conclusion of the Philips claim registration process, new personal injury lawsuits began entering the MDL. Plaintiff Salvatore DiGrazia filed a 60-page complaint alleging that prolonged use of a recalled Philips CPAP machine, combined with cleaning via a SoClean ozone device, led to his diagnosis of brain cancer. Both Philips and SoClean are named as defendants. This marks the first known case linking toxic foam particles in a recalled CPAP device to brain cancer.

December 15, 2022 – Consumer Class Action Lawsuit

Philips requested dismissal of a pending consumer class action seeking economic damages related to recalled CPAP devices. Philips argued that the plaintiffs lacked standing, claiming they suffered no harm because the company offered free repairs or replacements. Plaintiffs countered, asserting they would not have purchased the devices had they known about the associated risks.

November 24, 2022 – Updated CPAP Death Numbers

The FDA reported over 90,000 Medical Device Reports (MDRs) related to Philips CPAP, BiPAP, and ventilator devices, including 260 deaths, highlighting the ongoing public health concerns associated with these products.

November 22, 2022 – New Issues with Silicone Inserts

The FDA issued a safety warning regarding the Philips Trilogy ventilators, part of the CPAP recall. Replacement silicone foam inserts, intended to address toxic PE-PUR foam issues, were reported to detach and obstruct airflow, creating new safety risks. These ongoing problems increase pressure on Philips to reach reasonable settlements.

October 23, 2022 – SoClean Lawsuit Against Philips

SoClean Inc. filed an amended complaint accusing Philips of improperly shifting blame for the CPAP recall onto SoClean’s ozone-cleaning devices. The complaint cites internal Philips documents indicating the company was aware of foam degradation issues as early as 2015, contradicting Philips’ claims regarding SoClean’s role.

October 20, 2022 – CPAP Lawsuit Status Conference Dates

The court scheduled monthly status conferences for the ongoing CPAP class action in Pittsburgh, continuing through March 2023, to monitor litigation progress and manage case coordination.

October 15, 2022 – Short Form Complaint Requirement

The MDL judge overseeing the Philips CPAP recall now requires all new plaintiffs to file using a court-approved Short Form Complaint. This streamlined process allows victims’ attorneys to initiate claims quickly while protecting the statute of limitations, without submitting a full formal pleading. The change is expected to facilitate thousands of new filings in the coming months.

September 15, 2022 – Philips Adverse Event Reports

The FDA released updated data on the Philips CPAP recall, reporting over 48,000 adverse events between May 1 and July 31, 2022, linked to degraded sound-dampening foam in CPAP and BiPAP devices. Among these, 44 involved fatalities, adding to a total of 168 CPAP-related deaths reported since April 2021. The MDL had 323 pending cases as of mid-August 2022, with thousands more potentially entering the litigation under tolling agreements.

August 11, 2022 – Science Day in CPAP Class Action

A Science Day event was scheduled for September 1, 2022, in the Western District of Pennsylvania. Judge Conti invited a Massachusetts state court judge to attend. The session allowed both sides to present scientific evidence and helped the court understand the technical issues. Following Science Day, the judge is expected to set the schedule for initial bellwether trials, which are key to driving meaningful settlement discussions.

August 4, 2022 – Science Day Preparation

The Philips CPAP MDL scheduled Science Day for September 1, 2022, signaling progress in the litigation. Attorneys for both parties will present scientific evidence regarding the side effects linked to CPAP devices. The judge ordered submissions detailing the event’s procedures by August 18, 2022. Science Day is a standard MDL practice to educate the court on complex product liability science before trial planning.

July 7, 2022 – CPAP Lawsuit Progress

Judge Conti issued an order allowing pretrial discovery to begin in the Philips CPAP class action MDL. This discovery phase is essential for both sides to prepare for potential settlement negotiations. A trial date is necessary to motivate settlement discussions, and discovery completion is a prerequisite for scheduling such a trial.

June 14, 2022 – Discovery Reveals Philips’ Knowledge

Internal documents from discovery indicate that Philips was aware of issues with the sound-dampening foam in CPAP devices as early as April 2018, three years before issuing the recall. An engineer had reported foam shedding into patient airways, yet no corrective action was taken. These findings strengthen plaintiffs’ claims and could accelerate settlement discussions.

June 6, 2022 – Settlement Mediator Appointed

Pretrial Order #16 appointed retired Magistrate Judge Diane M. Welsh as a settlement mediator for the MDL. While this satisfies court ADR requirements, it does not signal an imminent settlement, as Philips may wait for the two-year statute of limitations on older claims before offering substantial settlement amounts.

May 25, 2022 – Adverse Event Reports Post Recall

Since the CPAP recall, the FDA has received over 21,000 reports of adverse events linked to recalled devices, including cancer, pneumonia, and respiratory problems. There have been 124 reported deaths, although not all are conclusively attributed solely to the devices. These reports highlight the scope of potential claims in the MDL.

March 10, 2022 – CPAP Lawyers in Place

With the new CPAP lawyers’ Steering Committee established, the upcoming March 22, 2022, status conference will reflect a more structured litigation strategy. Many CPAP-related injury claims are now deemed viable.

January 29, 2022 – Preserving Evidence of Defective Devices

The MDL judge issued guidelines for preserving recalled CPAP and BiPAP devices. Plaintiffs may return devices for repair, with Philips documenting the condition for evidence, or elect to have the devices held for preservation without repair.

January 22, 2022 – CPAP Repair Program Concerns

Philips’ proposed repair program to replace defective PE-PUR foam with silicone-based alternatives faced scrutiny. The FDA required independent testing after potential health risks were identified with the replacement foam.

January 19, 2022 – CPAP Lawsuit Status

As of this date, 221 lawsuits had been filed in the Philips CPAP MDL class action.

Read about the Orange County Juvenile Hall Lawsuits

What Plaintiffs Are Seeking — Compensation, Medical Monitoring, and Damages?

Plaintiffs in the CPAP lawsuits are seeking financial compensation for a range of losses they claim resulted from the recalled devices. This includes reimbursement for the cost of defective machines, replacement devices, and related out of pocket expenses. Many plaintiffs also seek compensation for medical bills, lost income, and reduced quality of life caused by respiratory symptoms or other health conditions they believe are linked to foam exposure.

In addition to monetary compensation, some plaintiffs are requesting medical monitoring. This would help cover the cost of ongoing health screenings to detect potential long term effects, such as respiratory disease or cancer, associated with prolonged exposure. Plaintiffs are also pursuing damages for pain and suffering and, in some cases, punitive damages. These claims aim to hold the manufacturer accountable for alleged failures in testing, warnings, and timely corrective action.

Who May Be Eligible to File a CPAP Lawsuit?

Individuals who may be eligible to file a CPAP lawsuit are typically those who used a recalled CPAP or BiPAP device manufactured by Philips Respironics. Eligibility often depends on whether the device was included in the recall and whether the user experienced financial loss, health complications, or both. Even patients who used the machines as prescribed and followed recommended cleaning instructions may qualify if their device contained the degrading foam material.

People who developed respiratory symptoms, chronic illness, or more serious medical conditions after prolonged use of a recalled device may have stronger personal injury claims. However, users who did not suffer physical harm may still be eligible to pursue economic loss claims related to device replacement costs or diminished value. In some cases, family members or estates of deceased users may also be eligible to file claims if the recalled device is believed to have contributed to injury or death.

Read about the Talcum Powder Lawsuit

What CPAP Users Should Know — Safety Guidance and Next Steps?

CPAP users who own or previously used a recalled device should stay informed and take practical steps to protect their health. It is important to confirm whether a specific CPAP or BiPAP machine is included in the recall by checking the model and serial number. Users should also consult their healthcare provider before stopping or changing therapy, as untreated sleep apnea can carry serious health risks. Medical professionals can help patients evaluate alternative treatments or replacement devices based on individual needs.

In addition to addressing immediate health concerns, users should keep records related to their device and any symptoms experienced. This includes purchase receipts, registration confirmations, medical reports, and communication with healthcare providers. Monitoring health changes and seeking medical evaluation for new or worsening symptoms is recommended. Staying aware of lawsuit developments and settlement options can also help affected users understand their rights and available paths forward.

Potential Settlement, Payout Estimates, and Case Outlook

A partial class action settlement has been approved in Canada for economic loss claims related to the recalled Philips CPAP, BiPAP, and ventilator devices. This settlement allows eligible users to seek compensation for costs associated with the purchase, repair, or replacement of affected devices. Claimants must submit their serial numbers and other details through an online portal within the designated period, which is 120 days from the approval notice.

While the settlement specifically addresses economic loss claims, personal injury claims related to respiratory issues, cancer, or other health problems may continue through separate legal actions. The overall outlook suggests that settlements and ongoing litigation will continue to evolve, providing affected CPAP users with opportunities to recover both financial losses and, in some cases, compensation for medical expenses and related damages.

Impact on Medical Device Industry and Regulatory Oversight

The CPAP recall has had a significant impact on the medical device industry, highlighting the importance of rigorous product testing, quality control, and timely reporting of safety issues. Manufacturers are now under increased scrutiny to ensure that materials used in medical devices do not degrade over time or pose unexpected health risks. The recall has also prompted hospitals, clinics, and durable medical equipment suppliers to re-evaluate device monitoring, patient communication, and replacement protocols to maintain safety standards.

From a regulatory perspective, agencies such as the FDA and Health Canada have strengthened oversight of medical device recalls and post-market surveillance. The CPAP case underscores the need for faster response to adverse event reports, more transparent communication with patients and healthcare providers, and stricter compliance requirements for manufacturers. This heightened vigilance is expected to influence future device approvals, recall processes, and industry accountability, ultimately prioritizing patient safety and public trust in medical technologies.

Read about the Camp Lejeune Water Lawsuit

Conclusion — What to Expect Moving Forward

The CPAP recall and related lawsuits have brought significant attention to the risks associated with defective medical devices and the importance of timely regulatory action. Affected users can expect ongoing legal proceedings, including settlements for economic losses and continued personal injury claims for those experiencing health complications. Courts and regulators are likely to monitor the situation closely to ensure that patients receive proper compensation and guidance.

Moving forward, CPAP users should stay informed about recall updates, monitor their health, and consult medical professionals regarding alternative treatments or replacement devices. Legal developments, including settlement approvals and potential bellwether trials, will continue to shape the landscape, offering affected individuals a clearer understanding of their rights, available compensation, and long term safety considerations.

Frequently Asked Questions on the CPAP Lawsuit