CPAP Lawsuit 2026 | Philips Recall, Cancer Claims, Settlements

The CPAP lawsuit kind of centers around claims that recalled Philips CPAP, BiPAP, and ventilator devices exposed people to toxic foam bits and harmful chemicals, which are tied to cancer, respiratory issues, and other serious health troubles. There are thousands of lawsuits saying that the degrading PE-PUR foam inside these machines created risky consequences for long-term users, like really not great for their bodies.

The whole litigation against Philips has turned into one of the biggest medical device disputes in recent years, after the company’s major 2021 recall that affected millions of sleep therapy devices worldwide.

What Is the CPAP Lawsuit About?

In the CPAP lawsuit, there are claims that recalled Philips CPAP, BiPAP, and ventilator devices ended up exposing users to toxic foam particles plus harmful chemicals, kind of like a bad surprise no one asked for. Plaintiffs say that the degrading foam led to cancer, respiratory illnesses, and other serious health issues overall.  

The lawsuits against Philips also argue the company did not properly warn consumers about the risks connected with the recalled sleep apnea devices.

Who Is Involved in the CPAP Lawsuit?

The CPAP lawsuit involves thousands of individuals who used recalled Philips CPAP, BiPAP, and ventilator devices and later developed cancer, respiratory illnesses, lung damage, or other health complications. Plaintiffs include sleep apnea patients, long-term device users, and families filing wrongful death claims.

The main defendant in the litigation is Philips and its related entities, responsible for manufacturing and selling the recalled sleep therapy devices. 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.

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:

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.

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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.

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Philips CPAP Devices Included in the 2021 Recall

In June 2021, Philips recalled millions of CPAP machines, BiPAP devices, and ventilators after reports that internal PE-PUR foam could break down and release potentially toxic particles and chemicals. The FDA later categorized the action as a Class 1 recall, its most serious recall classification.

The recalled devices were manufactured between 2009 and April 26, 2021. Health concerns linked to the recalled products included possible respiratory injuries, toxic chemical exposure, and other serious medical complications caused by foam degradation inside the machines.

The recalled Philips devices included:

• A-Series BiPAP A30
• A-Series BiPAP A40
• A-Series BiPAP Hybrid A30
• A-Series BiPAP V30 Auto
• C-Series ASV
• C-Series S/T and AVAPS
• DreamStation
• DreamStation ASV
• DreamStation Go
• DreamStation ST and AVAPS
• Dorma 400
• Dorma 500
• E30
• Garbin Plus
• Aeris
• LifeVent
• OmniLab Advanced+
• REMstar SE Auto
• SystemOne ASV4
• SystemOne Q-Series
• Trilogy 100
• Trilogy 200

Certain Trilogy Evo ventilators distributed between April and May 2021 with specific serial numbers were also included in the recall.

Current Status of Philips CPAP Lawsuit Settlements

As of May 2026, the Philips CPAP multidistrict litigation (MDL) remains ongoing, and no personal injury settlements or jury verdicts have been finalized. The lawsuits involve claims that recalled Philips CPAP, BiPAP, and ventilator devices caused cancer, respiratory illnesses, and other serious health problems linked to degrading foam exposure.

In October 2023, a federal court in Pennsylvania ordered plaintiffs to submit detailed fact sheets within specific deadlines to help organize and manage the growing litigation. Bellwether trials for injury-related claims were expected to move forward as the court continued pretrial proceedings.

Separate from the personal injury MDL, Philips previously agreed to a $479 million class action settlement related to economic loss claims following the 2021 recall. That settlement covered reimbursement and replacement-related claims but did not resolve lawsuits involving physical injuries or cancer allegations against Philips.

Who May Be Eligible to File a CPAP Lawsuit?

Individuals who used recalled Philips CPAP, BiPAP, or ventilator devices and later developed cancer, respiratory illnesses, lung damage, or other serious health problems may qualify to file a lawsuit against Philips. Eligibility often depends on proof of recalled device use and medical conditions potentially linked to toxic foam exposure.

Conclusion

The Philips CPAP litigation keeps moving along through multidistrict litigation, and plaintiffs keep trying to get compensation for injuries they say are connected to recalled sleep apnea devices. The claims, mostly, cover cancer, respiratory harm, organ damage, and also wrongful death, tied to long-term exposure to degrading foam particles.

Even though some economic loss settlements are already in place, a lot of personal injury lawsuits are still unresolved, and it feels like forever. What happens next could shape upcoming medical device safety standards, corporate warning obligations, and the broader compensation framework for people impacted by these defective respiratory devices.

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Frequently Asked Questions on the CPAP Lawsuit