Understanding the Philips CPAP Lawsuit Settlement

Our firm was actively involved in representing individuals who suffered injuries due to the recalled Philips CPAP machines. The Philips recall impacted approximately 3.5 million sleep apnea devices. Thousands of plaintiffs have joined a CPAP class action lawsuit, which has been consolidated into a multi-district litigation (MDL-1230). This means that every Philips CPAP lawsuit filed in federal court, regardless of where it originated (New York, California, Texas, etc.), was centralized in a federal court in Pennsylvania.

Following the settlement agreement, Nguyen Injury Lawyer is no longer accepting new cases related to the Philips CPAP recall.

Latest Updates on the CPAP Lawsuit

Here are the most recent updates on the CPAP lawsuit to provide a clear understanding of the litigation’s current status in 2026 and details regarding the recent settlement announcement:

March 15, 2026:

A review of the court docket reveals activity in several opt-out cases. Realistically, these claims are likely to be dismissed in the near future, as assembling the necessary expert testimony in a standalone case presents significant challenges.

March 7, 2026:

The number of active lawsuits within the MDL stands at 619. The majority of these cases are currently being processed for settlement.

March 3, 2026:

More plaintiffs are receiving their CPAP settlement payments.

January 26, 2026:

Judge Flowers has remanded a CPAP cancer lawsuit back to Kentucky state court, marking another setback for Philips in its efforts to maintain centralized control over these cases within the federal MDL.

This particular case involves a Kentucky resident who alleges she developed a rare form of cancer after using a recalled Philips DreamStation CPAP machine. Philips contended that the lawsuit belonged in the MDL and argued that the plaintiffs added a local medical equipment supplier solely to prevent federal jurisdiction. The judge disagreed, citing Kentucky’s intentionally lenient pleading rules and determining that the claims against the supplier were sufficient at this stage. The judge concluded that the supplier was not improperly added to the case.

There remain a few unsettled cases of this nature.

August 30, 2025:

In unrelated news, a data breach occurred involving CPAP Medical Supplies and Services Inc.

The breach, which took place between December 13 and December 21, 2024, compromised sensitive personal and health information, including names, Social Security numbers, diagnosis details, and insurance data. CPAP disclosed the incident on August 15, 2025, and promptly began notifying affected individuals.

Some law firms are investigating whether those affected may be entitled to compensation. If you received a notification letter from CPAP, you may qualify.

August 21, 2025:

One surprising aspect of this litigation has been the sheer number of people using CPAP machines.

A recent study published in the European Heart Journal on August 5, 2025, suggests that CPAP machines may not be beneficial for all users. The study indicated that CPAP machines only provide cardiovascular benefits to patients with high-risk obstructive sleep apnea (OSA), characterized by significant oxygen desaturation or sharp heart rate spikes during sleep disruptions.

In these high-risk patients, CPAP use reduced the risk of cardiovascular or cerebrovascular events by up to 24%. However, in low-risk OSA patients, CPAP use actually increased cardiovascular risk, with some subgroups experiencing a 30% increase in adverse events. These findings highlight the importance of individualized assessments, as prescribing CPAP broadly may expose low-risk patients to unnecessary harm.

Should you discontinue CPAP use based on this study? No. However, it is advisable to consult your doctor to confirm that continued CPAP use is the most appropriate course of action for your specific health needs.

August 1, 2025:

Settlements are being distributed to victims, with smaller cases being prioritized initially. Some clients of Nguyen Injury Lawyer have already received compensation.

July 6, 2025:

Payments are expected to be issued soon for some victims. The less complex cases will be processed first, with settlements ranging from $5,000 to $20,000.

May 15, 2025:

Is it possible to challenge the outcome of an Extraordinary Injury Fund (EIF) Determination? Yes. Following the issuance of an EIF Determination, pro se claimants or primary counsel have 30 days from the date the Settlement Administrator posts the Notice of Extraordinary Injury Fund Determination to either accept the decision or request reconsideration. If reconsideration is sought, they may also submit additional EIF documentation to support their request.

The Allocation Special Master will review all reconsideration requests at their discretion and issue a Post-Reconsideration Notice of Extraordinary Injury Fund Award. This notice is final, binding, and not subject to appeal.

April 1, 2025:

The EIF submission process commences today.

March 17, 2025:

What is the EIF? According to Section 6.7 of the Master Settlement Agreement (MSA), the Allocation Special Master is responsible for developing a methodology for reviewing and deciding EIF applications. The EIF represents a designated portion of the total settlement fund—ranging from $75 million to $150 million—earmarked to provide additional compensation to eligible claimants who suffered injuries or required treatment not covered by the Expedited Pay Program or Full Evaluation Program.

September 3, 2024:

The CPAP class action MDL decreased in size during August, with the total number of pending cases falling from 810 to 798.

September 2, 2024:

Philips is requesting Judge Conti to streamline discovery procedures across the two MDLs in an effort to have SoClean contribute to the settlement funds. Philips argues that merging discovery documents from both cases would enhance efficiency, which is a key reason for having the same court oversee the linked MDLs.

Comments are being offered by plaintiffs on the CPAP settlement.

A proposed consumer class action filed in Minnesota federal court accuses 3M Co., EIDP Inc. (formerly E.I. du Pont de Nemours & Co.), and The Chemours Co. of selling stain- and dirt-repellent chemicals containing PFAS to carpet manufacturers without disclosing the significant health risks these chemicals pose. These substances, commonly known as forever chemicals due to their persistent nature in the environment, were used in carpets installed in millions of homes and businesses.

The 355-page complaint, filed by Vicki Peterson and Paul Sadeghi, alleges that the defendants concealed the dangers of PFAS in carpets from manufacturers, retailers, and consumers. This concealment was purportedly a coordinated effort to obscure the truth about the harmful effects of PFAS on health, property, and the environment. According to historical safety data from joint studies by 3M and DuPont, these chemicals have been linked to cancer, yet this information was actively suppressed rather than disclosed to the public.

August 18, 2024:

Upcoming deadlines:

Date	Event
9/25/2024	Medical Monitoring: Objection Deadline
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: Settlement Registration Deadline

These dates are subject to change. Consult with your attorney to ensure all deadlines in your case are properly managed.

August 9, 2024:

A Status Conference was held late last month. The agenda items were reviewed, and counsel provided updates on the private personal injury settlement, including presentations from the settlement administrator, allocation methodology, and the lien resolution administrator.

No further monthly status conferences will be held for the remainder of 2024. Instead, counsel will submit monthly status reports. The next status conference is scheduled for January 14, 2025. Settlement administrators are to propose a method for the court to access reports online.

August 1, 2024:

15 new cases were added to the CPAP class action MDL over the last month, bringing the total number of pending cases up to 810.

July 10, 2024:

Throughout these updates over the past three years, we have frequently reported on Philips recalling yet another medical device. The recalls seem endless.

One product Philips has been promoting is the SENSE XL Torso Coil, an MRI coil designed for imaging the torso, including the chest, abdomen, and pelvis.

The FDA announced a Class I medical device recall for the Philips SENSE XL Torso Coil following multiple reports of the coil overheating during scans, which has led to instances of serious burn injuries in patients.

June 11, 2024:

In our June 2nd update, we discussed objections raised to the CPAP settlement. Plaintiffs’ lawyers have responded, emphasizing that, unlike a class action settlement, the CPAP settlement requires eligible claimants to actively opt-in to receive compensation in exchange for releasing their personal injury claims against Philips. This ensures that those who do not wish to participate retain their right to pursue independent legal action.

The response addresses each of the three objections raised against the CPAP settlement. These objections call for redefining “Qualifying Injury” to include more plaintiffs and argue that the CPAP settlement may conflict with ethical guidelines. However, these objections lack standing as they do not impact the legal rights of the objectors. The CPAP settlement does not alter the rights of those who do not opt-in, allowing them to pursue their claims independently. The court’s role is not to alter the terms of a private settlement, and the CPAP settlement is structured to comply with all relevant ethical rules, ensuring that no party or counsel is required to engage in unethical conduct. Therefore, it is argued that one cannot object to a settlement that does not include their claim.

The opposition motion also addresses the ethical concerns raised by the objections. The motion explains that the CPAP settlement includes provisions that explicitly state it must comply with all applicable ethical rules, including those of the American Bar Association. The objectors raised sections 7.3 and 7.4 of the CPAP settlement. The response clarifies that the settlement does not restrict attorneys from practicing against the Released Parties or require unethical withdrawal from client representation. (The settlement does, however, stipulate that the lawyers pledge they are not advertising for new clients in this litigation.)

June 2, 2024:

A plaintiff has filed a motion objecting to the proposed Master Settlement Agreement (MSA). The plaintiff’s attorney argues that the MSA creates ethical conflicts for lawyers representing the affected clients, violating the American Bar Association (ABA) Model Rules.

The objections focus on two specific paragraphs in the MSA. Paragraph 7.3 restricts attorneys from soliciting or taking on new clients for personal injury claims against the released parties, which the plaintiff says violates ABA Model Rule 5.6 that prohibits agreements restricting a lawyer’s right to practice.

Paragraph 7.4 requires attorneys to recommend the settlement program to all clients and mandates withdrawal from representing clients who choose not to participate. This creates a conflict of interest, violating ABA Model Rule 1.7, and forces lawyers to abandon clients against their best judgment, also breaching ABA Model Rule 1.16, according to the motion.

The plaintiff’s attorney urges the court to either remove these problematic paragraphs or deny approval of the entire MSA, arguing that these provisions are unfair to both clients and their legal representatives and do not meet the standards of a fair, reasonable, and adequate settlement as required by Federal Rule of Civil Procedure 23(e).

May 9, 2024:

The CPAP settlement agreement was released this morning. Nguyen Injury Lawyer is carefully reviewing this agreement, and we understand that people are eager to receive this information, so we are providing a preliminary overview.

If you have questions about the Philips CPAP lawsuit or other potential injury claims, please contact Nguyen Injury Lawyer at XXX-XXX-XXXX or through our website at https://www.nguyeninjurylawyer.com. You can also reach us through our contact page at https://www.nguyeninjurylawyer.com/contact.

CPAP Settlement Eligibility and Timeline

To be eligible for the $1.075 billion settlement, victims must have been represented by a lawyer before April 29, 2024, or have already filed a claim pro se. They also must have used the recalled devices.

Following the signing of the agreement, the involved legal parties will request orders from the MDL Court and Massachusetts state court. These orders will require all lawyers and pro se litigants to identify themselves or their clients as eligible claimants.

There is a strict 30-day deadline from the issuance of these court orders to submit declarations identifying eligible claimants. Lawyers must declare all eligible claimants they represent to ensure their inclusion. Attorneys without clients currently in suit or on the Census Registry can submit declarations. Those not identified by the deadline will be considered ineligible unless an exception is mutually agreed upon. Philips is contributing the settlement funds and is not concerned with the distribution process.

Settlement payments are anticipated to occur in 2025. Philips is obligated to contribute $25 million to the fund within 14 days of the MSA’s execution to cover initial administrative costs. The remaining $1.05 billion will be deposited into the Settlement Fund by January 6, 2025, contingent upon meeting specific conditions.

Opting Out of the CPAP Settlement

It is possible to opt out of the CPAP settlement, but it presents significant challenges. Plaintiffs who opt out face rigorous procedural requirements. Those who miss the registration deadline are designated as opt-outs and must meet stringent requirements to avoid potential dismissal of their cases.

They must provide comprehensive information about their claims, including detailed medical records, device usage evidence, and causation, within 60 days of opting out. Expert reports substantiating their claims are due within 90 days, which can be difficult to achieve. Plaintiffs must also notify relevant parties to preserve necessary records within 30 days.

Failure to comply with these requirements may lead the court to dismiss their cases with prejudice. If plaintiffs meet all initial requirements, the court will set further deadlines for additional discovery and motions, maintaining strict control over the litigation process to ensure an efficient and just resolution. Realistically, very few plaintiffs are expected to successfully navigate this process.

Nguyen Injury Lawyer will provide further details and corrections as more information becomes available. We understand that individuals are eager to learn more, and this information offers some initial insights into the settlement. However, it is still too early to fully understand the compensation amounts in these cases.

May 7, 2024: The CPAP common benefit fund is 10% (8% fees; 2% expenses). This means that $107.5 million will go to the lawyers in leadership. This is in addition to the nearly $100 million they received for the economic loss claims.

May 2, 2024: Nguyen Injury Lawyer is no longer accepting new CPAP cases. However, we remain committed to providing updates and information to those we have been assisting.

April 30, 2024: There are currently no new details available regarding the settlement process. More information is anticipated next week.

CPAP Settlement Amounts: What to Expect

Ultimately, victims are interested in knowing the potential settlement amounts. Philips has allocated $1.075 billion for personal injury and wrongful death claims and is no longer involved in the distribution process.

Currently, over 59,000 claims have been filed. The viability and potential value of each claim will vary. A points system is expected to be used to distribute the settlement funds. This system will likely evaluate claims based on factors such as the claimant’s age, duration of CPAP device use, the type and severity of the medical condition, and the strength of the scientific link between device use and health issues. It is important to acknowledge that the scientific evidence supporting a connection between CPAP use and many attributed diseases is limited, which will be reflected in the settlement outcomes.

Estimating the average CPAP settlement is challenging. Assuming the 59,000 claims number holds, the average settlement per claim could be approximately $18,220, calculated by dividing the total settlement amount by the number of claims. However, actual settlement amounts will vary significantly based on the severity of each case and the points awarded based on the established criteria.

While the points-based system aims to be objective, the complexity and variations in individual medical cases raise concerns about whether the distributions will fully reflect the true impacts experienced by each claimant. This system faces the challenge of adequately addressing the nuances and specific circumstances of each claim within such a large-scale settlement process. Some individuals may be dissatisfied with the outcome.

Nguyen Injury Lawyer will provide further updates as more information becomes available.

April 29, 2024: Reports indicate a CPAP personal injury settlement of $1.1 billion. Philips’ stock has increased following this news. Many had estimated the cost to Philips to be between $2 billion and $4.5 billion to settle personal injury and wrongful death lawsuits. Settlement checks are most likely to be distributed to victims in 2025.

According to an interview with Philips’ CEO, the settlement “covers all the claims in the US, even the ones that would come in still over the next six months.”

The steering committee of plaintiffs’ lawyers stated that the agreements with Philips will compensate users of the recalled CPAP and respiratory devices who suffered significant physical injuries and provide essential research for the treatment of those injuries.

These agreements aim to hold Philips accountable by obtaining care for those with physical injuries and compensation for those needing new respiratory devices.

However, further details are needed to determine the overall impact of this CPAP settlement. It remains to be seen whether it is a favorable outcome, and the specific details of the plan and its implementation are crucial.

Philips states that individuals, regardless of whether they have initiated a lawsuit, registered in the census, or taken no action, will have a six-month period from the settlement date to enroll in the settlement. With 59,000 cases, and potentially more, the $1.1 billion settlement will need to be divided.

It is essential to determine the total number of claims and the viability of each claim.

April 16, 2024:

Nguyen Injury Lawyer is focusing on claims involving specific respiratory conditions:

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

We are also focusing on specific types of cancer that our attorneys believe can be linked to CPAP use:

• Cancer Types
• Oral cavity
• Oropharynx
• Nasal Cavity/Sinus
• Nasopharynx
• Larynx
• Hypopharynx
• Salivary
• Esophageal (upper and mid)(squamous cell carcinoma)
• Lung
• Blood
• Thyroid

April 12, 2024:

A new CPAP cancer lawsuit has been filed, alleging that a Kentucky man’s use of a DreamStation CPAP machine for six years led to a diagnosis of breast and bone cancer in February 2023.

The lawsuit alleges that Philips was aware of the risks associated with the polyester-based polyurethane foam used in the machine, which can degrade and release toxic particles that users may inhale, potentially causing severe health consequences. The plaintiff claims to have suffered considerable physical and emotional distress due to these defects, including invasive cancer treatments and associated aftereffects.

April 10, 2024:

A consent decree between Philips and the FDA has been officially approved by the court. This agreement addresses issues with certain Philips Respironics sleep and respiratory care devices, prompting regulatory action.

Under the decree, Philips’ Respironics must cease production of most sleep and respiratory devices at three Pennsylvania facilities until specific requirements are met. The company is prohibited from selling new CPAP, BiPAP, or other respiratory care devices within the U.S.

The consent decree requires Philips’ Respironics to engage external experts to inspect their Sleep and Respiratory Care facilities to ensure compliance with the Federal Food, Drug, and Cosmetic Act (FDCA). These experts will identify and rectify deficiencies and review the testing of the foam used to replace the sound abatement foam in recalled devices.

The FDA has the authority to apply specific injunction provisions to additional facilities owned by the corporate defendants if future inspections reveal non-compliance with the FDCA and relevant regulations. This measure ensures comprehensive adherence to safety and regulatory standards across all operations.

The consent decree follows regulatory scrutiny over the safety and reliability of Philips’ devices, including concerns about foam degradation. This legal and regulatory action aims to ensure that Philips addresses these concerns comprehensively before its products can re-enter the U.S. market, preventing future incidents.

This consent decree strengthens the moral authority of the Philips CPAP class action lawsuit and may encourage Philips to reach a more reasonable settlement.

April 1, 2024:

Only 14 new cases were added to the Philips CPAP recall class action MDL in the past month, bringing the total to 762, up from 755 at the start of the year.

March 20, 2024:

A global recall has been initiated for all Sleepnet CPAP and BiPAP masks containing magnets due to risks of interference with other medical implants. This interference may cause the implants to malfunction or move, potentially leading to severe injuries or even fatalities. The recall, affecting the Mojo, Mojo 2, iQ 2, and Phantom 2 masks, was confirmed by the FDA.

These masks use magnets to maintain their position, but these magnets could pose risks to individuals with certain medical implants when they come too close.

Sleepnet announced this global recall at the start of March after post-market surveillance identified the issue. The FDA has classified this as a Class I recall, signifying a high risk of serious injuries or death. Fortunately, there have been no reported injuries or deaths associated with the recalled masks.

March 13, 2024:

CPAP Lawsuit Updates

Attorneys representing Philips have requested a federal court to dismiss the multi-district litigation (MDL) concerning the CPAP recall. The motion challenges the handling of the recall and alleges fraud and consumer protection violations.

Philips contends that the Federal Food, Drug, and Cosmetics Act (FDCA) supersedes claims about the recall and subsequent actions. They argue that the FDCA prohibits individuals from enforcing FDA regulations or seeking damages based on FDCA violations and FDA guidelines. Nguyen Injury Lawyer is closely monitoring this legal argument.

These arguments do not affect the CPAP personal injury and wrongful death lawsuits that Nguyen Injury Lawyer is handling as part of the MDL.

March 1, 2024: Conference With MDL Judge

On March 1, 2024, attorneys involved in the Philips CPAP lawsuits met with Judge Conti to discuss the progress of the litigation and upcoming deadlines for selecting representative claims for early trial dates in 2025.

Many people are primarily interested in when the CPAP lawsuits will be settled.

While Philips has expressed a desire for a global settlement in 2024 due to the public relations impact, the diverse range of alleged health complications poses challenges. The absence of a CPAP trial date until 2025 may also impede settlement efforts, as trial dates often create pressure for companies to settle.

February 23, 2024: Preserving Recalled Devices

Preserving the recalled devices is a significant concern in this litigation. On February 23, 2024, CPAP lawyers submitted a proposed Preservation Order regarding recalled medical devices by Philips and associated parties. This order, jointly requested by plaintiffs’ and defendants’ counsel, aims to manage the preservation of specific recalled CPAP, BiPAP, and mechanical ventilator products involved in the litigation.

The order seeks to establish protocols for preserving these devices, ensuring fair access to evidence for both parties. These protocols include guidelines for storing and maintaining the devices to minimize further degradation, which could affect the litigation’s outcome. The document also outlines the obligations of both Philips and device users in preserving these devices, ensuring a comprehensive approach to evidence preservation.

February 6, 2024: CPAP Death Total

According to federal regulators, recalled Philips CPAP, BiPAP, and other breathing assistance devices have been linked to at least 561 deaths. These fatalities, reported since 2021, are part of nearly 120,000 reports of serious health problems attributed to the devices’ toxic sound abatement foam.

Nguyen Injury Lawyer experienced a surge in new client calls following the news of Philips halting sales. The increased awareness has resulted in a call volume comparable to that seen since the recall announcement in 2021. If you believe that you or a loved one has suffered harm due to a recalled Philips CPAP machine, please contact Nguyen Injury Lawyer at XXX-XXX-XXXX for a free consultation. You can also reach us through our website at https://www.nguyeninjurylawyer.com or via our contact page at https://www.nguyeninjurylawyer.com/contact.

January 30, 2024: Philips Will Stop CPAP Sales in U.S.

Philips announced on January 29, 2024, that it has agreed to halt all future U.S. sales of CPAP and BiPAP sleep apnea devices. This decision is part of a tentative settlement agreement with U.S. regulatory authorities investigating the company over product safety concerns.

This is a significant development, estimated to cost Philips around $400 million. It is rare for a major company like Philips to agree to cease selling products, indicating the severity of the regulators’ concerns regarding Philips and its devices.

Nguyen Injury Lawyer believes that there is substantial evidence of Philips’s negligence. The focus now is on Philips maintaining financial stability and avoiding bankruptcy.

January 8, 2024 – Philips Blames SoClean

Philips alleges that SoClean’s products contributed to the degradation of insulating foam in some of the recalled CPAP machines. SoClean produces ozone-cleaning machines marketed for cleaning CPAP machines. Philips claims SoClean knowingly damaged its machines with their ozone cleaners while misleading distributors and consumers with inaccurate claims about the cleaners’ safety for use with Philips’ respiratory devices.

January 4, 2024 – The “Best” CPAP Lawsuits

Most CPAP attorneys consider lung cancer or cancers of the head or neck to be the strongest CPAP cases from a settlement standpoint. These claims have solid scientific support and resonate with juries because the injuries are closely linked to the location of chemical exposure. However, lung cancer cases can be more challenging if the claimant has a significant smoking history.

Following closely are cases involving serious respiratory conditions such as asthma, stage-four COPD, pneumonitis, pulmonary fibrosis, and sarcoidosis. Our attorneys also believe that certain liver cancer and liver injury claims, as well as kidney cancer and kidney disease cases, may present compelling claims, depending on the specific facts.

October 12, 2023 -CPAP Class Action Settlement (Consumer Claims) Update

Under the CPAP consumer class action settlement terms, the Philips companies have agreed to pay a minimum of $479 million. This compensation will go to individuals who paid for the affected breathing machines out of their own pockets and to insurance companies that reimbursed users for these machines.

Consumers impacted by the recall may receive compensation ranging from $56 to $1,552, with an additional $100 offered to those who return their recalled devices. The settlement is awaiting final approval, scheduled for April 11, 2024. Plaintiffs’ lawyers are seeking attorneys’ fees and litigation costs of $95 million.

This settlement does not involve the personal injury and wrongful death lawsuits that Nguyen Injury Lawyer is pursuing. Those CPAP machine lawsuits are still moving forward.

September 23, 2023 – Lawyers Withdrawing from Filed Cases

In every mass tort claim, attorneys and clients may have differences. In two cases in the MDL, a CPAP lawyer sought to withdraw from representing a client who had filed a CPAP lawsuit, citing “irreconcilable differences.”

Judge Flowers ordered the withdrawing lawyer to provide the client with the request to withdraw and inform them that they have 21 days to raise any objections to this request upon receiving it. Furthermore, the attorney must document in the case records that they have delivered the request to the client and communicated the 21-day objection period to the client.

Clients tend to get frustrated by two things: (1) lack of communication and (2) the need for more advancement in their case. In this case, the first complaint is valid; the second is just the nature of the legal process.

September 7, 2023 – Philips CPAP Settlement

Koninklijke Philips has agreed to pay a minimum of $479 million to settle part of the ongoing litigation related to the 2021 recall of sleep apnea machines.

The CPAP lawsuit that Nguyen Injury Lawyer is focused on – the injury and wrongful death cases – is unaffected by this settlement. Still, it is progress. Philips’ CEO stated that these economic loss cases – for refunds, etc. – would be resolved this year, and the injury and death claims would be resolved next year.

Analysts estimate that Philips might face settlements of up to $4.5 billion for personal injury lawsuits associated with the recalled devices.

August 17, 2023 – 25 More Cases Added to MDL

Only 25 new cases were added to the Phillips CPAP class action MDL over the last 30 days, leaving the total number of pending cases in the MDL at 698. The CPAP lawsuit update last month reported a record high of 125 new CPAP cases added to the MDL. The recent downtick could just be a summer slowdown. It will be very interesting to see if the volume picks back up next month.

August 2, 2023 – Long Time Frame for MDL

Based on the most recent Case Management Order, it appears that the Philips CPAP class action MDL is moving forward slowly. The recently updated deadlines extend to February 2025, when the court anticipates holding a Daubert hearing. This means that the first test trial would not occur until June or July 2025 at the earliest.

July 1, 2023 – 30 New Cases Added to CPAP Recall MDL

Over the last monthly period, 30 new lawsuits were transferred into the Philips CPAP recall MDL class action. Since the start of the year, 200 new CPAP cases have been added to the MDL, bringing the current total up to 548.

Nguyen Injury Lawyer is seeing an unsurprising increase in new CPAP lawsuits. However, this docket was generally slow-moving in June. We expect things to heat up more after the summer.

June 1, 2023 – Some CPAP Claimants May Face Filing Deadline in 2 Weeks

June 14, 2023, marked the two-year anniversary of the massive Philips CPAP recall. The recall prompted a large number of CPAP device users to pursue legal claims against Philips, alleging that they were harmed by inhaling toxic particles from the machines. As that date approached, many prospective CPAP claimants could potentially be barred if they did not file suit or register their claim with Philips. Philips will likely argue that the recall announcement put claimants on notice and started the clock ticking on the applicable statute of limitations. This means that for those claimants in states with a 2-year statute of limitations period, Philips could assert that their claims will be time-barred after June 14^th. There are exceptions to the statute of limitations, but you do not want to assume one applies if you can avoid it.

The statute of limitations is passing for some CPAP claims, potentially making it easier for Philips to offer settlement payouts. The announcement of a global settlement draws in more plaintiffs. If the filing deadline has passed, Philips will not have to deal with more litigation. A Philips CPAP settlement is not imminent. But Nguyen Injury Lawyer offers this analysis to underscore one reason why mass torts take as long to settle as they do.

May 1, 2023 – Money Set Aside for a Philips CPAP Settlement

In its most recent financial statements, Philips has earmarked $630 million in future costs for the settlement of consumer class action lawsuits alleging economic damages resulting from the CPAP recall.

Nguyen Injury Lawyer is handling CPAP injury and wrongful death claims. This set aside is for people who only suffered economic loss. The company has previously stated that it hopes to resolve all economic loss lawsuits by the end of the year.

Philips will still have to deal with the growing number of CPAP lawsuits alleging that the recalled devices caused severe personal injuries like cancer. Philips claims it wants to resolve the injury claims next year (if not this year, its CEO tells us). The settlement payouts for these cases will be significantly higher.

April 14, 2023 – FDA and Philips Continue to Disagree

The FDA and Philips have significant disagreements about the company’s progress in handling the recall.

April 1, 2023 – The Reality of CPAP Injuries

CPAP Lawsuit Updates

The FDA recently released updated data concerning health incidents related to CPAP devices reported in the final two months of 2022. During that 60-day period, over 8,000 new adverse health events associated with recalled CPAP devices were reported to the FDA. Additionally, the number of reported CPAP-related deaths increased by 30%. To date, over 98,000 adverse health events and 346 deaths have been reported to the FDA in connection with CPAP devices.

February 14, 2023 – Latest Adverse Event Data

The FDA has published updated data from Medical Device Reports regarding the Philips CPAP and BiPAP devices recalled in June 2021, and the information is concerning.

As of November 2022, there had been 98,000 serious adverse health incidents and 350 deaths allegedly linked to the recalled devices. In the three months since that report, the FDA received reports of an additional 9,000 adverse health incidents and 90 deaths related to these devices.

January 9, 2023 – New CPAP Nasal Cavity Cancer Lawsuit

Plaintiffs are continuing to file new CPAP lawsuits. One recently filed suit, Kirsh v. Koninklijke Phillips, N.V. (2:22-cv-01884), alleges that the plaintiff’s defective CPAP device caused him to develop nasal cavity cancer. The man’s wife has also filed a loss of consortium claim. Nasal cavity cancer is rare, especially in non-smokers.

If you believe you may have a similar claim, contact Nguyen Injury Lawyer at XXX-XXX-XXXX to discuss your legal options.

December 21, 2022 – CPAP Brain Cancer Lawsuit Filed

Now that the claim registration process with Philips is complete, we anticipate seeing more CPAP injury lawsuits filed in the MDL. Recently, the first CPAP brain cancer case was filed. Plaintiff Salvatore DiGrazia filed a 60-page complaint alleging that he used a recalled Philips CPAP machine, cleaned it with the SoClean ozone device for many years, and was subsequently diagnosed with brain cancer. The complaint names both Philips and SoClean as defendants. This is the first lawsuit our attorneys at Nguyen Injury Lawyer have seen asserting that toxic foam particles in a recalled CPAP device caused brain cancer. We had expected to see more brain cancer cases than have been filed thus far.

If you have concerns about CPAP use and cancer, contact Nguyen Injury Lawyer through our website at https://www.nguyeninjurylawyer.com or call us at XXX-XXX-XXXX.

December 15, 2022 – Consumer Class Action Lawsuit

Philips has requested the court to dismiss the consumer class action lawsuit seeking economic damages related to the recalled CPAP devices. Philips argues that the named plaintiffs (and the class they seek to represent) lack standing to sue because they cannot demonstrate that the recall caused them harm, as Philips offered to repair or replace the recalled machines free of charge. In response, the plaintiffs contend that they would not have purchased the CPAP devices had they been aware of the risks.

November 24, 2022 – Updated CPAP Death Numbers

In a new report, the FDA stated that it has received over 90,000 Medical Device Reports (MDRs), including 260 reports of deaths associated with Philips ventilators, BiPAP, and CPAP machines.

November 22, 2022 – More Pain for CPAP Recall Victims

The FDA issued another public safety warning regarding a Philips CPAP and ventilator device. The Philips Trilogy ventilators were part of the massive CPAP recall due to issues with the toxic PE-PUR sound abatement foam. Philips attempted to resolve the problem by replacing the ventilator’s PE-PUR foam with a new silicone foam insert.

However, these new silicone inserts are now causing their own problems. According to the FDA warning, the inserts frequently detach and block the air pathways.

This is the latest in a series of negative developments for Philips over the past two years. Nguyen Injury Lawyer believes this situation increases the likelihood that Philips will offer reasonable settlement amounts to resolve these cases, as the situation is becoming increasingly embarrassing for the company. Philips will likely want to put this disaster behind them.

October 23, 2022: SoClean Lawsuit Against Philips

SoClean Inc. recently filed an amended complaint in its separate lawsuit accusing Philips of attempting to blame the CPAP recall on the ozone-cleaning device manufactured by SoClean.

SoClean alleges that Philips attempted to deflect blame for the CPAP recall by falsely claiming that SoClean’s ozone disinfection device was responsible for the foam degradation in the CPAP machines. In the revised complaint, SoClean cites evidence that has emerged during the MDL, including internal documents indicating that Philips knew about the actual cause of the degrading foam as early as 2015.

October 20, 2022: CPAP Lawsuit Status Conference Dates Scheduled

The court has scheduled monthly status conferences in the class action lawsuit in Pittsburgh through March 2022.

October 15, 2022: Short Form Complaint When Filing a CPAP Lawsuit

The judge overseeing the Philips CPAP Recall MDL now requires all new plaintiffs to use the court-approved Short Form Complaint when filing new CPAP lawsuits in the MDL class action.

Short-form complaints are common in consolidated mass tort class action lawsuits, streamlining the process for new case filings. Victims’ lawyers can initiate a claim and protect the statute of limitations using a simple form instead of a formal pleading. The adoption of the Short Form Complaint in the CPAP MDL comes as thousands of prospective claimants are expected to begin filing their cases in the coming months. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com/contact or call us at XXX-XXX-XXXX for assistance.

September 15, 2022: Philips Adverse Event Reports

The FDA issued an update notice on the Philips CPAP recall, disclosing that it received over 48,000 adverse event reports associated with the breakdown of the sound foam in the recalled Philips CPAP and BiPAP devices between May 1 and July 31.

Forty-four of these side effect reports involved fatalities, and 168 CPAP-related deaths have been reported since April 2021. As of August 15, 2022, there were 323 pending cases in the Philips CPAP MDL. However, thousands of additional cases remain unfiled because the plaintiffs have entered into tolling agreements with Philips.

August 11, 2022: Science Day in CPAP Class Action Lawsuit

Science Day in the Philips CPAP machine lawsuit class action was held on September 1, 2022, in the Western District of Pennsylvania. The CPAP MDL Judge (Hon. Joy Flowers Conti) invited a state court judge handling CPAP cases in Massachusetts to attend the event, during which both judges were educated on scientific issues through presentations from both sides.

Following the science day, Judge Conti is expected to set the schedule for the first round of bellwether test trials. Trial dates are crucial for meaningful Philips CPAP settlement negotiations, as defendants need pressure before offering reasonable settlement compensation payouts to resolve lawsuits. Nguyen Injury Lawyer is closely monitoring the schedule.

August 4, 2022: Science Day Coming

A “science day” has been scheduled for September 1 in the Philips CPAP Recall MDL, indicating that the judge is prepared to delve into the scientific aspects of the case. Most CPAP lawyers are optimistic about the scientific evidence linking a wide range of side effects to the CPAP recall.

In class action MDLs, a science day allows attorneys for both sides to make presentations to the MDL judge to educate the Court about complex scientific issues. The CPAP MDL Judge ordered the science day in response to a joint motion by the parties and gave them until August 18, 2022, to submit proposals for how the science day should be handled. Science days are common in MDLs involving product liability claims.

July 7, 2022: CPAP Lawsuit Moving Forward

Judge Conti has issued an order to move the CPAP class action lawsuit forward, allowing attorneys to begin pretrial discovery. This work is necessary to position the CPAP lawsuit for settlement negotiations. A trial date is needed to pressure Philips, and a trial date cannot be set until discovery is completed. The attorneys at Nguyen Injury Lawyer are working diligently on these cases.

June 14, 2022: Pre-Trial Discovery Going Poorly for Philips

Discovery in some of the CPAP recall lawsuits has revealed internal documents showing that Philips was aware of the issues with the sound abatement foam in their CPAP devices for three years before announcing a recall.

In April 2018, a product engineer from Philips contacted the foam supplier about customer reports of the foam shedding and entering the airways of the CPAP devices. Philips was aware of the problem but took no action.

The email and customer reports provide compelling evidence that Philips knew about the health hazards of their CPAP machines for years before taking any action. This will assist plaintiffs in building their case against Philips in the CPAP lawsuit and hopefully expedite the path to a Philips CPAP settlement. Contact Nguyen Injury Lawyer at XXX-XXX-XXXX to discuss your claim.

June 6, 2022: New Order from Judge False Flag for a CPAP Settlement

The judge presiding over the Philips CPAP recall class action lawsuit MDL recently issued Pretrial Order #16, appointing a retired Magistrate Judge (Diane M. Welsh) to serve as a settlement mediator in the litigation.

However, this appointment may not indicate an imminent CPAP settlement, as Philips may not be ready to offer reasonable settlement amounts until the two-year statute of limitations point for older claims is reached.

Rule 16.1 of the Local Rules for the Western District of Pennsylvania requires participation in Court-sponsored ADR, and the appointment of Judge Welsh, an experienced jurist, as a settlement mediator was done to comply with this requirement. Judge Welsh could play a significant role in a CPAP settlement in the future.

May 25, 2022: Adverse Event Reports Post Recall

It has been a year since Philips initiated the massive safety recall of over 15 million CPAP and BiPAP machines used for sleep apnea. Since then, regulators at the FDA have been actively involved in the CPAP recall investigation process and have kept the public informed.

The FDA has published data on adverse health event reports received between April 2021 and April 2020 in connection with recalled Philips CPAP devices. According to these reports, the FDA received over 21,000 reports of adverse health events connected to the CPAP machines.

Reported problems have included cancer, pneumonia, and respiratory issues. Sadly, there have been 124 reported deaths related to CPAP use. While there is no conclusive evidence that all 124 deaths were solely due to the recalled CPAP machines, it represents an accumulation of concerning information.

It is important to remember that adverse events are often underreported to the FDA. These reports offer a glimpse into what can be expected in the developing CPAP recall lawsuits. Contact Nguyen Injury Lawyer at https://www.nguyeninjurylawyer.com for a free consultation.

March 10, 2022: CPAP Lawyers in Place

The next status conference on March 22, 2022, will have a different dynamic with the new CPAP lawyers Steering Committee in place. While there was skepticism about the viability of the CPAP lawsuits in the early stages, it is becoming increasingly clear that many of these CPAP side effects lawsuits will be viable.

January 29, 2022: Preserving Evidence of Defective CPAP Machines

The Philips CPAP MDL judge recently issued an order outlining options for evidence preservation of recalled CPAP and BiPAP devices. Plaintiffs can return their recalled device to Philips for free repair, in which case Philips will be required to take pictures and document the condition of the device as evidence. Plaintiffs can also choose to send their device to Philips for evidence preservation without repair.

January 22, 2022: CPAP Repair Program Goes Awry

Philips CPAP Recall: Recent Developments

Following a recall of approximately 15 million CPAP and BiPAP machines last year, Philips received preliminary approval from the FDA for a repair program. This program aimed to replace the problematic PE-PUR foam in the recalled devices with a silicone-based alternative. However, concerns soon emerged regarding potential health risks associated with the new silicone foam. Recently, the FDA directed Philips to conduct independent testing of the silicone replacement foam.

CPAP Lawsuit Update: January 19, 2022

Currently, there are 221 CPAP lawsuits consolidated in the MDL class action.

Recall of Philips CPAP and BiPAP Sleep Apnea Devices

Philips, a leading global manufacturer of sleep apnea treatment machines, faced a significant setback with the CPAP recall. The company produces both Continuous Positive Airway Pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) devices. CPAP machines deliver a constant stream of air to keep airways open, preventing sleep apnea and snoring.

In June 2021, Philips announced a nationwide safety recall of nearly all its CPAP and BiPAP devices. The recall was triggered by potential hazards related to a polyurethane foam called PE-PUR, used in all Philips devices for noise reduction. Philips revealed that this PE-PUR foam could degrade into small particles or release chemicals that users inhale during sleep.

Understanding Polyurethane Foam

Polyurethane foam is a versatile synthetic material widely used due to its unique properties. It is created by reacting polyols and diisocyanates with other chemicals and additives, causing the mixture to expand into a foam.

Different types of polyurethane foam exist, including flexible, rigid, and spray foam. Flexible foam is common in furniture cushions, bedding, and automotive interiors, while rigid foam is used in insulation, packaging, and construction. Spray foam is often used for insulation and sealing in construction. Flexible polyurethane foam is typically used in CPAP masks and headgear.

Polyurethane foam provides cushioning in Philips CPAP masks and headgear. These masks and headgear create a seal around the nose and mouth (or nose only), delivering air from a machine through a hose to maintain open airways during sleep. Soft, flexible cushions made from polyurethane foam ensure a comfortable fit and reduce pressure points.

According to Philips’ recall announcement, inhaling the PE-PUR foam “can result in serious injury which can be life-threatening, cause permanent impairment, and/or require medical intervention to preclude permanent impairment.” Lab analysis of the degraded PE-PUR foam particles identified harmful chemicals, including Toluene Diamine (TDA), a known human carcinogen.

Which Sleep Apnea Machines Were Affected by the Recall?

Philips is a major manufacturer of sleep apnea devices. The safety recall impacted an estimated 3.5 million CPAP and BiPAP devices. The following is a list of the recalled devices:

RECALLED PHILIPS SLEEP DEVICES

• DreamStation ASV
• DreamStation ST
• AVAPS
• SystemOne ASV4
• C Series ASV
• OmniLab Advanced Plus
• SystemOne (Q Series)
• DreamStation CPAP
• DreamStation Auto CPAP
• DreamStation BiPAP
• DreamStation Go
• Dorma 400
• Dorma 500 CPAP
• REMStar SE Auto CPAP
• Trilogy 100 and 200
• Garbin Plus
• Aeris
• LifeVent
• A-Series BiPAP

How Serious is the CPAP Recall?

The recall of Philips CPAP and BiPAP devices is considered a serious matter. The machines were recalled due to the potential for users to inhale toxic chemicals, some of which are known carcinogens. The recalled devices present a genuine health risk to users.

Lawsuits Following the Philips CPAP Recall

The CPAP and BiPAP safety recall quickly led to 18 CPAP lawsuits against Philips in federal courts across the country. Initially, these lawsuits were primarily “consumer class actions,” not personal injury claims. Plaintiffs in these cases did not allege serious bodily injury or cancer from using the recalled CPAP devices. Instead, they claimed consumer fraud, asserting they wasted money on now-worthless CPAP devices. These CPAP lawsuits prompted a petition to the Judicial Panel on Multidistrict Litigation (JPML) to consolidate the cases into a new class-action MDL, which was granted.

These “consumer fraud” class actions often arise after major product recalls and are distinct from traditional product liability lawsuits. Plaintiffs in consumer fraud cases seek limited economic damages, mainly reimbursement for wasted time and money on defective machines.

In contrast, plaintiffs in the MDL CPAP class action lawsuit seek significant financial compensation for serious physical injuries caused by these defective devices.

Evidence in CPAP Recall Product Liability Lawsuits

The Philips CPAP recall has resulted in thousands of plaintiffs in the MDL CPAP class action in Pennsylvania. Each CPAP lawsuit is complex and requires robust medical and scientific evidence. Experts for the plaintiffs have successfully established a link between CPAP use and cancer, as well as other health problems. These scientific studies demonstrate a connection between inhaling PE-PUR foam particles and various cancers or other physical injuries or conditions. If you or a loved one has been affected, contact Nguyen Injury Lawyer at XXX-XXX-XXXX or visit our website at https://www.nguyeninjurylawyer.com. You can also reach us through our contact page at https://www.nguyeninjurylawyer.com/contact.