Philips CPAP, BiPAP, and Ventilator Recall: How to Get Compensated

Philips Agrees to Separate Lawsuit Settlement, September 2023

In September 2023, Philips agreed to a civil lawsuit settlement based on economic losses associated with respirators.  In the settlement, they agreed to pay at least $479 million.  As more individuals return faulty devices, this amount will increase.

This settlement does not cover all losses associated with the Respironics recall.  Instead, it focuses exclusively on economic losses.  This includes out-of-pocket costs individuals incurred due to this recall.

Philips states that it will pay individuals for each recalled device.  These prices range from $55.63 to $1,552.25.  If a person gave a recalled Respironics device back to Philips to help cover the cost of a new device, then Philips will award them $100 for each returned device.

Claims for personal injury associated with Respironics are ongoing. See if you qualify by using the form above.

Understanding the Philips Respironics CPAP, BiPAP, and Ventilator Recall

On June 14, 2021, Philips issued a recall notification for 18 different CPAP, BiPAP, and ventilator machines due to potential health risks.  On July 29, 2021, the U.S. Food and Drug Administration (FDA) identified the Philips Respironics recall as a Class 1 recall, the most serious type of recall.

Those using the affected Philips Respironics ventilators, BiPAP, and CPAP machines are advised to first consult their health care provider before immediately stopping the use of their device.  In certain cases, doctors may recommend that their patients continue using their Philips machine if the benefits outweigh the risks.

Philips Respironics Recall: Health Effects

Continuous positive airway pressure (CPAP) machines, bilevel positive airway pressure (BiPAP) machines, and ventilators are typically used to treat forms of sleep apnea and other serious respiratory conditions.

These devices use pressure to push air into lungs, improve oxygen levels in the blood, and decrease carbon dioxide.  CPAP machines, commonly used during sleep, deliver continuous air into the lungs so breathing does not pause.

According to the FDA, a polyester-based polyurethane (PE-PUR) foam used to reduce the sound and vibration of these Philips devices might break down and enter the air pathway of the device.  If this occurs, black debris from the foam or chemicals could be inhaled or swallowed, leading to serious and potentially deadly health effects, including:

• Chronic asthma
• Respiratory failure
• Cancer
• And more.

Some of the types of cancers include:

• Breast Cancer
• Kidney Cancer
• Leukemia
• Liver Cancer
• Lung Cancer
• Multiple Myeloma
• Nasal Cancer
• Nasopharynx Cancer (i.e., neck/head cancer)
• Prostate Cancer
• Sinus Cancer
• Throat Cancer
• Thyroid Cancer

Other potential risks of the degraded foam include irritation to the skin, eye, and respiratory tract, headaches, dizziness, nausea and vomiting, hypersensitivity, and effects to the organs, as well as toxic and carcinogenic effects.

Which Devices Did Philips Respironics Recall?

Philips Respironics recalled 18 ventilators, BiPAP, and CPAP devices that were manufactured between April 11, 2007 and April 22, 2021 and distributed between July 21, 2009 and April 22, 2021.  These include:

• Continuous ventilator, minimum ventilatory support: Philips Respironics E30 with Humidifier;

• Continuous ventilator, non-life supporting devices: DreamStation ASV, DreamStation ST, AVAPS, SystemOne ASV4, C-Series ASV, C-Series S/T and AVAPS, OmniLab Advanced+; and
• Noncontinuous Ventilators: SystemOne (Q-Series), DreamStation, DreamStation Go, Dorma 400, Dorma 500, and REMstar SE Auto.

The REF number on the device can be used to confirm an affected model type using the FDA’s Product Classification page.

How Does the Philips Respironics Recall Affect Veterans?

Sleep apnea and other respiratory conditions are very common among veterans.  In fact, sleep apnea is the most common service-connected respiratory condition in VA’s benefits system.

Many veterans diagnosed with sleep apnea are prescribed a CPAP, BiPAP, or ventilator machine to treat their symptoms.  More than 600,000 of these devices have been issued by VA alone.  Due to this, over 300,000 veterans were notified by VA regarding this recall.

How CCK Can Help You Secure Compensation

If you or a loved one used a recalled Philips ventilator, CPAP, or BiPAP machine for one year or longer and have since developed a respiratory or other serious condition, you may qualify for compensation.

Chisholm Chisholm & Kilpatrick LTD, a national leader in public interest law, is working with the law firm of Levin Papantonio Rafferty, nationally recognized leaders in Mass Tort law, to fight the manufacturers responsible for complications related to the Philips Respironics recall and receive the compensation they deserve.  Fill out the form above to see if you qualify or call us today at 844-844-1862.