Philips CPAP Lawsuit: Harmed Veterans May Be Entitled To Compensation

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Are you a veteran concerned about the Philips CPAP lawsuit whose medical device may be part of the recall?

Philips Respironics produced sleep apnea machines called CPAP and BiPAP machines. Many of the machines used toxic foam to reduce noise from the machine. The Department of Veterans Affairs issued many of these defective machines to veterans, potentially linked to injury from cancer and even death.

Reports suggest the manufacturer was aware of the risk from its use of the toxic foam since 2009 but failed to take prompt action to minimize the risk to veterans and other users of the machines.

If you are a veteran harmed by Philips sleep apnea machines, you may be eligible for a lawsuit against the producer. Keep reading to learn more.

This article cuts straight to the issue, detailing why certain Philips Respironics ventilators have been recalled, which specific models are affected, the serious health risks associated, and what critical actions you must take if you are impacted.

Stay informed and safeguard your health with the essential information ahead.

If you believe you were harmed by a Philips Respironics machine, please call us with any questions about your rights. (612) 888-9567. As a law firm focused on veterans’ rights, we have a unique perspective on how best to advocate for veterans facing these challenging issues.

Key Medical Device Lawsuit Takeaways

  • Philips Respironics issued a voluntary recall for certain respiratory devices manufactured between 2009 and April 26, 2021, due to health risks posed by degrading sound abatement PE-PUR foam.
  • The FDA designated the recall as Class I, indicating a serious risk of injury or death, and affected device users should consult with healthcare providers and consider legal action for compensation.
  • Philips Respironics has committed to remediating affected devices by repair or replacement and has settled lawsuits without admitting fault, providing substantial potential compensation to users.
  • Veterans harmed by the Philips CPAP machines were supposedly notified by the Department of Veterans Affairs, which published a notice.

Conditions And Diseases Linked To CPAP Machines

Getting to the point. If you or a loved one has experienced the following injuries or conditions from using a CPAP machine, then you may be eligible to bring a lawsuit against the manufacturer for compensation.

Qualifying Respiratory Conditions

Certain conditions developed by veterans and civilians potentially linked to the toxic foam in the machines include:

  • New diagnosis of asthma
  • Pneumonia/Pneumonitis
  • Pulmonary Fibrosis
  • New diagnosis of Chronic Obstructive Pulmonary Disease (COPD)
  • Sarcoidosis (particularly of the lungs and/or lymph nodes) requiring treatment

Qualifying Cancers

  • Lung Cancer
  • Head and neck cancers like
    • Oral cavity cancer
    • Oropharynx cancer
    • Nasal cavity/sinus cancer
    • Nasopharynx cancer
    • Larynx cancer
    • Salivary cancer
    • Soft palate
    • Tonsil

Recalled Machines

  • Aeris
  • A-Series BiPAP A30
  • A-Series BiPAP A40 (ventilator)
  • A-Series BiPAP Hybrid A30
  • A-Series BiPAP V30 Auto (ventilator)
  • C-Series ASV
  • C-Series S/T and AVAPS
  • Dorma 400, 500, Auto
  • DreamStation ASV, Go, ST, Auto and AVAPS
  • E30
  • Garbin Plus
  • LifeVent
  • OmniLab Advanced Plus
  • REMstar SE Auto
  • SystemOne ASV4, Q-Series, 50 series and 60 series
  • Trilogy 100
  • Trilogy 200
  • Trilogy Evo ventilators

Limited Time To File Your CPAP Injury Claim

There are deadlines to file a lawsuit to recover if you were injured from a CPAP, which are called the statute of limitations and statute of repose.

This means that if your lawsuit is not filed within a certain amount of time, you may be prohibited from ever pursuing litigation or taking legal action regarding your CPAP injury claim.

That is why it’s important to speak with a CPAP injury lawyer or attorney as soon as possible.

If you or someone you love used a recalled Philips CPAP or Bi-PAP breathing device, or Philips mechanical ventilator device, and suffered a liver injury, lung injury, or cancer, you might be entitled to record compensation from a Philips CPAP recall lawsuit case or settlement claim.

Overview of the Philips CPAP Recall

CPAP and BiPAP devices with blurred background

In a shocking development, Philips Respironics issued a voluntary recall for certain Philips respiratory devices, including Continuous Positive Airway Pressure (CPAP) devices, also known as CPAP machines, BiPAP, and Mechanical Ventilator devices, also known as breathing machines. The recall, which affects devices manufactured between 2009 and April 26, 2021, is due to a concerning issue with the PE-PUR foam used in these devices.

The PE-PUR foam, which serves as a sound abatement component, is prone to degradation, leading to potential health risks. If the foam degrades, it can release certain toxic chemicals or result in particulate inhalation, which can lead to serious health problems, including carcinogenic effects.

Affected devices include the popular DreamStation and SystemOne series, among others. Veterans using these devices should comprehend the seriousness of this recall and act accordingly.

The Urgency of the Class I Recall by the FDA

The Food and Drug Administration (FDA) classified this recall as Class I, the most severe type of recall. This classification means that the recalled devices have a reasonable probability of causing a serious injury or even death. It is crucial to stay informed about medical device recalls to ensure patient safety.

The situation’s urgency is undeniable. Recognizing the severe health risks of using a recalled device is a must for you or your loved ones. This isn’t just another product recall; it’s a matter of life and health.

Identifying Your Sleep Apnea Recalled Philips Device

Serial number check on Philips website

So, how do you identify if the recall affects your Philips Respironics device? The first step is to check the serial number against the recall list on the Philips website. The recall affects all Philips device serial numbers manufactured before April 26, 2021.

However, it’s worth noting that not all Philips devices are part of the recall. Devices like the Trilogy Evo and DreamStation 2, among others, are not affected due to different sound abatement foam materials or designs.

Discovering your device is part of the recall calls for registering your equipment on the Philips website to start remediation. This action is paramount in obtaining a replacement or repair for your device.

Health Risks Associated with Recalled Devices

The health risks associated with sleep apnea and the recalled devices, used for treating obstructive sleep apnea, are far from minor. The recalled Philips Respironics CPAP, BiPAP, and other breathing assistance devices have been connected to at least 561 deaths and multiple cases of severe health issues.

Prolonged exposure to the degraded foam in the recalled devices can lead to toxic effects on organs such as kidneys and liver. Worse still, various types of cancer, including lung cancer and adenocarcinoma, have been reported.

Symptoms of Exposure

If you’ve been using a recalled device, you might be wondering about the symptoms associated with exposure to the degraded foam components. These symptoms can range from:

  • irritation to the skin, eyes, nose, and respiratory tract
  • headaches
  • dizziness
  • nausea or vomiting

Moreover, exposure to the degraded foam can trigger an inflammatory response, an indicator of the immune system’s reaction to the material. Long-term health risks associated with inhaling chemicals from the PE-PUR foam also include respiratory issues such as asthma or lung inflammation, toxic and carcinogenic effects, and adverse effects on the liver and kidneys.

Legal Actions: MDL and Settlement Progress

Legal documents with gavel

In response to the recall, users affected by the Philips CPAP devices took legal action against the company. These legal actions have been consolidated into Multi-District Litigation (MDL-1230) in the Western District of Pennsylvania. This means individual lawsuits are transferred and undergo a similar process.

The legal actions against Philips are based on several allegations, including defective design, manufacturing defect, and failure to provide adequate warnings. Moreover, there are claims that Philips knew about the risks associated with the sound abatement foam since 2009 but failed to act accordingly.

Potential Compensation for Affected Users

Under the MDL, individuals, including veterans, may also be eligible for potential compensation, including economic damages from injury, under the ongoing lawsuit in the Western District of Pennsylvania. Economic damages claimable under the lawsuit may include:

  • The cost of the defective machine
  • Replacement devices
  • Medical and future medical costs
  • Lost income
  • Loss of future earning capacity

Moreover, damages for pain and suffering, emotional distress, and loss of life enjoyment can also be sought.

Steps to Take Following a Recall Notification

Consultation with healthcare provider

Receiving a recall notification for your Philips device requires immediate action. The first step is to consult with your healthcare provider immediately to evaluate alternative treatment options for your condition.

Healthcare and legal experts also advise affected individuals to consider stopping the use of their CPAP and BiPAP devices. Contacting a law firm to discuss filing a lawsuit for financial compensation should also be considered.

How to Report Issues with Recalled Devices

Communicating problems encountered with a recalled Philips medical device is an indispensable step in this process. Not only does it help you seek redress, but it also contributes valuable data for the FDA’s post-market surveillance for the medical device’s benefit-risk assessment.

You can report these issues through the FDA’s MedWatch Voluntary Reporting Form. This will help inform safety data and regulatory oversight. Healthcare personnel should also follow their facility’s established reporting procedures for device issues to ensure compliance with the FDA’s reporting requirements.

Philips’ Response to the Recall Crisis

Philips Respironics reacted to the recall crisis by implementing several measures to tackle the situation. The company has successfully remediated 99% of actionable sleep therapy device registrations around the world as part of the recall effort. This demonstrates their commitment to addressing the issue promptly and effectively. The remediation plan involves either repairing or replacing the affected devices at no cost to the users. This service is being offered as a gesture of goodwill..

Philips has taken the following actions in response to the issue with DreamStation CPAP and Bi-level devices:

  • Providing a replacement device or repairing affected devices
  • Creating new designs with silicone foam
  • Expanding manufacturing and service capacity to meet demand for remediation

To stay informed about the recall, Philips Respironics has been providing recall updates and patient safety information through their official website. They encourage patients and healthcare providers to stay updated on the latest developments.


To sum up, the Philips CPAP recall is a serious issue that has far-reaching implications for users, particularly veterans. The recall, due to the degradation of PE-PUR foam, has led to serious health risks, including various types of cancer and respiratory issues. Users are advised to identify if their device has been recalled, understand the associated health risks, take appropriate steps following a recall notification, and report any issues to the FDA. Legal actions against Philips have consolidated into an MDL, with a settlement for compensation underway. Philips has responded to the crisis by remediating the majority of the affected devices and providing updates through their official website.

Frequently Asked Questions (CPAP Lawsuit FAQs)

Which Philips CPAP models are recalled?

The recall includes several models of Philips CPAP machines. It is important to check if your device is affected.

How do I check my Philips recall status?

You can check your Philips recall status by visiting the Phillips Respironics Recall Website and filling out the registration form with your information. You will then receive updates about the recall and your replacement device status.

How much will I get from CPAP lawsuit?

It is difficult to say how much harmed veterans participating in the MDL may be eligible to receive until the bellwether lawsuits are completed.

Can you still use a recalled CPAP machine?

If you have a recalled CPAP machine, it’s important to consult with your doctor before deciding to stop using it, as the risks of discontinuing therapy could outweigh those of using a recalled device.

What health risks are associated with the recalled devices?

The recalled devices have been linked to serious health risks such as cancer, pneumonia, asthma, and respiratory problems, leading to symptoms like cough, difficulty breathing, dizziness, and chest pain. Take necessary precautions and seek medical advice if experiencing these symptoms.

If you believe you were harmed by a Philips Respironics machine, please call us with any questions about your rights. (612) 888-9567.

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