Philips CPAP Lawsuit Update
- In June 2021, a Philips CPAP machine recall was issued for more than 15 million devices with a polyester-based polyurethane (PE-PUR) sound abatement foam that may degrade;
- Reports of cancer, respiratory damage and other injuries have been linked breathing the foam particles and chemicals;
- New cases are still being accepted by lawyers pursuing Philips CPAP settlements for former uses of the recalled sleep apnea machines.
- FIND OUT IF YOU HAVE A PHILIPS CPAP LAWSUIT
What is the Philips DreamStation Recall Lawsuit?
Philips Respironics issued a massive recall for CPAP, Bi-PAP and ventilators sold between 2009 and April 2021, which contained a defective PE-PUR sound abatement, which may degrade and release black particles and chemicals directly into the sleep apnea machine air pathways and the lungs of users.
Former users are now pursuing Philips CPAP lawsuits, seeking financial compensation and settlement benefits that may be available for health problems caused by the machines, including:
- Leukemia, Lymphoma or other Cancer Diagnosis
- Pulmonary Fibrosis, Sarcoidosis or other Lung Disease
- Chronic Asthma, Bronchitis or Pneumonia
- Liver Injury, Kidney Injury, Heart Attack, Stroke or Heart Failure
- Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomiting
Free consultations and case evaluations are provided by CPAP recall lawyers to help determine whether financial compensation may be available through a Philips Respironics class action lawsuit or individual DreamStation injury lawsuit. There are no fees or expenses unless a recovery is obtained.
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Philips CPAP Recall Lawsuits
Millions of recalled Philips DreamStation, CPAP, BiPAP and ventilator machines may release toxic foam particles and chemicals into the air pathway.See if you Qualify for a Settlement
Latest Philips CPAP Lawsuit Updates and Status
November 2022 Update: In October, Judge Conti allowed the streamlining of the filing process for Philips CPAP lawsuits, through the use of a Master Complaint and short-form complaints. On November 23, the FDA reported at least 260 deaths had been linked to recalled Philips CPAP devices.
October 2022 Update: In September, Judge Conti held a Philips CPAP lawsuit “show and tell” science day, where the parties made presentations to the court that were intended to provide education about scientific issues that will come up during the pretrial proceedings. She also approved a census registry program, which would require potential claimants to complete a short census form and disclose some health information. In return, the statute of limitations will be tolled for those claimants, similar to an earlier tolling agreement that is now being terminated.
August 2022 Update: According to a report by the FDA, the agency has received received more than 69,000 reports involving problems with toxic Philips CPAP sound abatement foam, including reports of 168 deaths.
July 2022 Update: The Court has authorized the parties to move forward with common fact discovery in Philips CPAP lawsuits pending in the federal court system, regarding issues that apply to all claims. It is expected that in the coming months a bellwether trial process will be established, where a small group of representative claims will then go through case-specific discovery and preparations for a series of early trial dates to help gauge how juries will respond to certain evidence and testimony that will be repeated throughout the litigation.
May 2022 Update: Judge Conti has appointed a Philips CPAP recall settlement master early in the litigation, to oversee negotiation between the parties and attempts to resolve thousands of claims being pursued by users left with injuries.
February 2022 Update: Parties have reached an agreement that allows potential claimants to enter their claim on a Philips CPAP lawsuit tolling agreement, which will prevent the statute of limitations from expiring on their claim.
October 2021 Update: All Philips CPAP lawsuits have been centralized in the federal court system before Senior U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania for coordinated discovery and pretrial proceedings, as part of a multidistrict litigation (MDL).
Why was there a Philips Respironics recall for DreamStation, CPAP, Bi-PAP and Ventilators?
Recalled Philips DreamStation, CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. However, due to problems with the material and design of the breathing machines, this PE-PUR foam may break down and release toxic particles and chemicals directly into the machines air pathways.
The recalled Philips CPAP machines are used for the treatment of sleep apnea and some other breathing disorders, pushing air through the nostrils and into the back of the throat by increasing air pressure, which keeps the airways open and prevents both snoring and lapses in breathing during sleep. They can also be used to help infants breathe when they are born with lungs which are not fully developed.
BiPAP machines use two-level positive airway pressure, meaning they help both with inhaling and, unlike CPAP machines, assist in exhaling as well. They are often set to monitor the breathing of the subject and activate when the user stops breathing or when their breathing decreases below a set number of breaths per minute.
Philips ventilators may be used in an ICU, hospital, nursing home or in-home care setting among individuals who require mechanical assistance to breath, providing life-sustaining treatment.
What are the problems with Philips CPAP foam?
The Philips machine recall was issued after problems were discovered with the Philips PE-PUR sound abatement foam used inside the devices. The Philips CPAP foam problems may include:
- Foam degradation issues may cause black particles or debris to be inhaled or swallowed;
- Foam breakdown may release certain toxic chemicals into the machine air pathway
An estimated 80% of the recalled sleep apnea machines were CPAP and BiPAP devices sold primarily under the DreamStation label. The remaining 20% were mechanical ventilators often used in hospital settings.
In May 2022, the FDA indicated it has received more than 21,000 reports of Philips CPAP device problems, including 124 deaths associated with the sleep apnea machines.
Can my recalled Philips DreamStation be repaired?
Philips reported that it had received authorization from the FDA to “rework” recalled first-generation DreamStation CPAP devices in September 2021. This will involve removing and replacing the defective foam with a different material. However, it is estimated that repairing or replacing Philips CPAP machines will take up to a year to complete.
In November 2021, the FDA issued an update on the recall and raised concerns about the safety of repaired Philips DreamStation machines, indicating that the new silicone foam used as a replacement for the original polyester-based polyurethane foam may also release volatile organic compounds. In January 2022, the FDA warned that some customers had received the silicone foam in their repaired devices. The agency has ordered Philips to conduct an independent investigation into whether the silicone foam is safe.
Why was a SoClean lawsuit filed against Philips Respironics?
Several months after the DreamStation recall, the manufactures of SoClean filed a lawsuit against Philips over several statements that suggested SoClean and other ozone cleaning products may exacerbate the breakdown of the sound abatement foam in CPAP machines. The lawsuit by SoClean alleges their product is being used as a scapegoat for “inexcusable design flaws” in the Philips sleep apnea machines.
In addition to Philips Respironics CPAP lawsuits, there are now also a number of individuals pursuing a SoClean class action lawsuit, indicating that the SoClean 2 CPAP sanitizing machine releases dangerous levels of ozone, which were described as “activated oxygen” in marketing material.
According to allegations raised in the SoClean lawsuit against Philips, the CPAP sanitizing device is not responsible for the breakdown of the DreamStation sound abatement foam. Rather, SoClean maintains that an unreasonably dangerous and defective CPAP machine design is to blame, including:
- Use of a polyester-based polyester foam material known to break down and release toxic chemicals;
- Design decisions that placed the sound abatement foam directly in the sleep apnea machine’s air pathways, causing particles and gasses to immediately flow into the mouth and lungs of users;
- Delaying a Philips DreamStation recall for years after first learning that the foam was degrading and posing a direct health risk for users.
How long did Philips Respironics know the CPAP machines were dangerous?
An FDA inspection report (PDF) released in November 2021 suggested that Philips Respironics knew about the CPAP machine dangers for years before taking any action to recall the sleep apnea machines.
Since 2008, the FDA identified at least 222,000 complaints involving keywords that suggested problems with foam deteriorating and releasing black particles or debris into the machine airways.
A number of internal emails with a raw foam supplier beginning in October 2015 confirmed that Philips Respironics was aware of the CPAP foam dangers, yet the company failed to investigate the problems, issue any warnings or recall the sleep apnea machines until 2021.
As late as March 2022, the FDA warned that Philips had failed to adequately notify owners of the recalled CPAP machines of the health risks linked to the sound abatement foam. Philips executives have also indicated that the Department of Justice has launched an investigation into the recalls.
Health Risks from Philips Respironics Breathing Machines
Philips has received reports from users who found black debris or particles in CPAP masks tubing and headgear, as well as complaints of problems like:
- Headache (often referred to as “CPAP Headaches”)
- Upper Airway Irritation
- Persistent Cough
- Irritation in the eyes, nose or respiratory tract
- Nausea and Vomiting
These toxic particles have also been found to contain several carcinogenic chemicals and gasses, raising concerns that side effects of the Philips CPAP machines may cause several cancers, including:
- Laryngeal cancer
- Oropharyngeal Cancer
- Nasopharyngeal Cancer
- Hypopharyngeal cancer
- Sinonasal Cancer (Nasal Cancer or Sinus Cancer)
- Thyroid Cancer
- Liver Cancer
- Kidney Cancer
- Lung Cancer
- Prostate Cancer
- Breast Cancer
- Acute Myeloid Leukemia (AML)
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma (NHL)
Breathing the foam particles and chemicals may also cause various forms of long-term lung damage and respiratory injuries, including:
- Pulmonary fibrosis
- Interstitial Lung Disease (ILD)
- Chronic/Severe Asthma
- Chronic Bronchitis
- Recurrent Pneumonia
Free Philips CPAP Lawsuit Evaluation
CPAP recall lawyers provide free consultations and claim evaluations to help determine if financial compensation and Philips DreamStation settlement benefits may be available as a result of health problems, injuries or deaths that result from the inhalation or consumption of foam particles from recalled CPAP devices, BiPAP devices and mechanical ventilators.
To request a free consultation and claim evaluation to determine whether you, a friend or a family member may be entitled to financial compensation through a lawsuit, submit information about a potential Philips DreamStation CPAP lawsuit for review by a lawyer.
Philips CPAP Recall Lawyers
All claims are handled on a contingency fee basis. There are no fees or expenses unless a settlement is obtained.
catherineOctober 3, 2022 at 9:26 am
This recalled machine killed my 74 year old husband of 31 years of esophageal carcinoma metastatic cancer in 2017. He was a non-smoker, and I was offered a stupid check for TWENTY FIVE DOLLARS!!!!!!! I guess now I have to hire a lawyer and pursue a wrongful death, THANKS ASSHOLES
MargaretFebruary 2, 2022 at 11:31 pm
Does the SoClean.2 qualify for lawsuit
JamesJanuary 25, 2022 at 10:55 am
In March, 2021 I was diagnosed with severe sepsis requiring a five day hospitalization; intense pain;pain management; six weeks of intravenous antibiotics through a home-health agency; continuous brain fog; increased anxiety. I had used the Dream Station CPAP since September, 2020. I had no contact from Phillips. The cause of the sepsis was unable to be ascertained; this was before the recall was [Show More]In March, 2021 I was diagnosed with severe sepsis requiring a five day hospitalization; intense pain;pain management; six weeks of intravenous antibiotics through a home-health agency; continuous brain fog; increased anxiety. I had used the Dream Station CPAP since September, 2020. I had no contact from Phillips. The cause of the sepsis was unable to be ascertained; this was before the recall was publicized.
LisaJanuary 5, 2022 at 9:53 pm
What are we supposed to use now that they have been recalled ? Nothing ? I think that we all should be compensated with enough money to help us all . Not fair and the only thing I have is a letter stating do not use your c pap so what are we supposed to do? I have a nodule in my lung from cp usage I want answers now ty
LisaOctober 16, 2021 at 7:45 pm
I've been using a recalled DreamStation CPAP for 5 years and have developed asthma, chest pain, high blood pressure, headaches, vertigo, and much more. Now they've found something in my esophagus. I'm furious at Philips and stunned that the medical community is unaware of the seriousness of this. I've been to the ER 7 times since starting to use it, and am currently admitted. Even when I tell the[Show More]I've been using a recalled DreamStation CPAP for 5 years and have developed asthma, chest pain, high blood pressure, headaches, vertigo, and much more. Now they've found something in my esophagus. I'm furious at Philips and stunned that the medical community is unaware of the seriousness of this. I've been to the ER 7 times since starting to use it, and am currently admitted. Even when I tell the doctors, they don't care. Glad I have the support of my lawyer!
KellyOctober 9, 2021 at 10:38 pm
I have been using the Phillips CPAP and I have developed headaches, nosebleeds, swelling in my feet and legs, COPD and nasal pain. Chest congestion constantly. Had an eye infection in both eyes that took 6 months to heal with medications. Some days I have mental confusion and can not concentrate at work.
LorettaSeptember 26, 2021 at 1:24 pm
I have used my cpap for about 5 years. I am experiencing sinus infections, dry and irritated throat, and very severe headaches. I was diagnosed last year with copd I need to know how to get a new machine .
ScottSeptember 23, 2021 at 6:27 am
Since using my zphillips pap machine I be had 2 cancers form . Brain Tumor Oligodendroglioma grade 2 resulting in my frontal lobe of my brain being taken out. and 2. Indolent Lymphoma which is a form of non Hodgkin lymphoma.
VeraAugust 19, 2021 at 2:17 pm
I have had my DreamStation Phillps Respironics CPAP machine for about 3 years and I am having problems breathing and staying short of breath, and it dry my nasal cannula.
EdwardAugust 14, 2021 at 4:07 am
Over the last 6 years I developed sleep apnea, copd, balance problems and spindle cell carcinoma I continue to recover from. I also have a nodule on my lung. Prior to the use of my S0-Clean2, I had my right kidney removed (renal cancer) in 2008, in 1993 my cancerous thyroid was removed and in 1996 I had 2 artery heart bypass surgery. I am a 100% service connected disabled veteran with a ton of med[Show More]Over the last 6 years I developed sleep apnea, copd, balance problems and spindle cell carcinoma I continue to recover from. I also have a nodule on my lung. Prior to the use of my S0-Clean2, I had my right kidney removed (renal cancer) in 2008, in 1993 my cancerous thyroid was removed and in 1996 I had 2 artery heart bypass surgery. I am a 100% service connected disabled veteran with a ton of medical records.
EllyAugust 11, 2021 at 5:17 am
Am waiting to hear if my machine is Recalled.
KarenAugust 10, 2021 at 10:05 pm
I have been using the DreamStation nasal CPAP since July of 2020 and was NOT notified by Philips OR the medical supply company I received the DreamStation from of the recall in June 2021. I was only told by my healthcare at my annual checkup in August 2021. Since March I've been dealing with Vertigo/inner ear problems and headaches almost everyday, now congestion and headaches...BUT TOLD TO conti[Show More]I have been using the DreamStation nasal CPAP since July of 2020 and was NOT notified by Philips OR the medical supply company I received the DreamStation from of the recall in June 2021. I was only told by my healthcare at my annual checkup in August 2021. Since March I've been dealing with Vertigo/inner ear problems and headaches almost everyday, now congestion and headaches...BUT TOLD TO continue to use the CPAP, just discontinue the SoClean Cleaning I had been doing daily.
WilmaAugust 4, 2021 at 5:16 pm
I have headaches everyday
EricJuly 28, 2021 at 5:43 pm
My dads CPAP is on the recall list. He has had severe headaches and breathing issues. He has been sent to the ER with intense headaches. They said that it is inflammation in his sinus passages. This has been going on for 3 years now and still has a headache almost ever day!
VicenteJuly 27, 2021 at 9:18 am
My brother was on that CPAP machine since he's now has a lung infection numerous things going on first off has down syndrome so can't voice his opinion I am his voice lung infection the biopsy that was taken doest match his diagnosis I'm so upset and don't no how this ppl. Couldn't see this coming.
AmberJuly 27, 2021 at 7:27 am
Emphysema and COPD increasing sore throat and tongue..mouth, nose and eyes dry and scratchy. Terrible daily headaches using max amount of ibuprofen to relieve that does not always work. Been to Dr w/ complaint but ? Part of disease or something else? Who would have thought about it being related to my breathing device made for my medical use!?
NoraJuly 23, 2021 at 12:39 pm
I have dry irritated nasal passages and constant irritation in my nose morning headaches and a spot on left lung
SusanJuly 18, 2021 at 10:27 pm
I have been using mine for years and have asthma and copd. My last two cat scans showed lung irritations/infections. I noticed that my old machine was on the recall list also. I wake up a lot of mornings with headaches and my nose is constantly dry and stuffed
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