Yes, there is a new Philips CPAP machine settlement

In 2021, polyester-based polyurethane (PE-PUR) foam used in Philips Respironics ventilators, CPAP and BiPAP machines was found to degrade and cause serious health issues or death, leading to a mass recall.

Continuous positive airway pressure (CPAP) machines are typically used by people who have sleep apnea, a condition in which a person’s breathing stops and starts while sleeping, the Mayo Clinic explains. CPAP machines use air pressure delivered through a mask to keep a person’s airway open while they sleep.  

Since the 2021 recall, Philips has sent out replacement devices to affected customers. In April of this year, Philips reached an agreement for an economic loss settlement for people who used the recalled devices. 

Google trends show that people are searching about a new CPAP machine settlement. 

THE QUESTION

Is there a new Philips CPAP machine settlement?

THE SOURCES

• Philips
• Statement from Plaintiffs’ Co-Lead Counsel in the Philips CPAP Products Liability Litigation

THE ANSWER

Yes, there is a new Philips CPAP machine settlement. 

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WHAT WE FOUND

There is a new settlement related to complications from recalled Philips CPAP machines. On April 29, Philips announced it was paying $1.1 billion in settlements that would resolve “the personal injury litigation and the medical monitoring class action” that came about after the 2021 recall of the company’s CPAP machines. 

The new settlement is in addition to the previously announced economic loss settlement, worth a minimum of $445 million. That settlement provides financial reimbursement to purchasers of the recalled CPAP machines.

Personal injury settlements 

The personal injury settlement is to resolve claims from people who were injured as a result of using the recalled Philips CPAP machines. The $1.1 billion is split between a $1.075 billion personal injury settlement and a $25 million medical monitoring settlement. 

Qualifying injuries for the personal injury settlement include new or worsening asthma, chronic obstructive pulmonary disease, chronic bronchitis and other respiratory impairments. It also includes lung cancer and some blood or ear, nose, and throat cancers. 

The medical monitoring settlement will fund a Medical Advancement Program, which supports research and provides resources for the development and treatment of injuries related to the CPAP machines. 

“The agreements with Philips will provide compensation to those users of the now-recalled CPAP and other respiratory devices who suffer from significant physical injuries and important research for the treatment of those injuries,” the Plaintiffs’ Co-Lead Counsel in the Philips CPAP Products Liability Litigation said in a statement to VERIFY.

More information about how to file a claim will become available on the official settlement website, which should be fully available no later than June 10, 2024.

Economic loss settlement 

The economic loss settlement provides customers reimbursements for purchases made relating to the recalled Philips CPAP machines. 

Customers may be reimbursed for purchasing a recalled machine, for the cost of having to replace the recalled machine. Customers may also receive a payment for returning a recalled device.

Those who already filed claims for the economic compensation settlement are also still able to file a claim for the personal injury settlement, if eligible. The deadline to file a claim for the economic loss settlement is Aug. 9, 2024.