Philips CPAP Recall

Suffering injuries related to the use of a Philips CPAP Sleep Apnea Machine?

The voluntary recall announcement issued in June 2021 is a follow-up to a previous notification from April 2021. The recall involves millions of sleep apnea and ventilator devices which may increase the risk of lung injury and cancer due to inhalation of foam particles and outgassing of toxic chemicals. Philips estimates that 3 to 4 million devices may be affected, the majority of which are first-generation DreamStation products sold before April 2021.

The Philips CPAP recall lawyers at Davis, Bethune & Jones are reviewing sleep apnea machine cases from users of the Philips CPAP or BiPAP sleep apnea machines in all 50 states.

You may have a case if you have used a Philips sleep apnea machine for six months or longer and have been diagnosed with:

  • a respiratory condition (e.g., pulmonary fibrosis)

  • lung damage

  • or cancer

Cancers:

  • Acute myeloid leukemia (AML)

  • Bladder cancer

  • Blood cancer

  • Bone marrow cancer

  • Brain cancer

  • Breast cancer (diagnosis before age 40)

  • Esophageal cancer

  • Hematopoietic (blood) cancer

  • Kidney cancer

  • Laryngeal cancer

  • Leukemia

  • Liver cancer

  • Lung cancer

  • Lymphatic cancer

  • Multiple myeloma

  • Nasopharynx cancer

  • Nasal cancer

  • Non-Hodgkin lymphoma

  • Papillary carcinoma

  • Prostate cancer (diagnosis before age 50)

  • Rectal cancer

  • Sinus cancer

  • Soft Palate cancer

  • Stomach cancer

  • Testicular cancer

  • Thyroid cancer

  • Throat cancer

  • Tonsil cancer

Other Serious Health Issues include:

  • Acute respiratory distress system (ARDS)

  • Chemical poisoning

  • Kidney/renal damage

  • Kidney/renal disease

  • Lung/pulmonary damage

  • Lung/pulmonary disease

  • Liver damage

  • Liver disease

  • Pleural effusion

  • Reactive airway disease (RAD)

  • Respiratory failure

  • Severe ear inflammation

  • Severe nose inflammation

  • Severe throat inflammation

If you or a loved one developed cancer or a serious health issue after using a Philips CPAP, BiPAP, or mechanical ventilator and are considering filing a CPAP lawsuit, call us at (816) 421-1600 or submit your case details online and someone will contact you shortly. You pay nothing unless your lawsuit is successful and you receive compensation.

October 28, 2022 Update: Philips was forced to issue yet another CPAP related recall last month after it was discovered that magnets in the face masks of certain Philips CPAP devices were causing pacemakers and other nearby medical devices to malfunction. Now the FDA has classified the CPAP face mask magnet recall as a Class I, the most serious level of recall indicating that the issue could result in serious injury or death. 14 complaints involving “serious injury” have already been received by the FDA.

October 25, 2022 Update: As if on cue from yesterday's update, Royal Philips NV announced it cut 4,000 jobs.  A new CEO, Roy Jakobs, hopes to get Philips back on track. 

October 24, 2022 Update: The biggest risk to plaintiffs in this litigation might be bankruptcy.  Philips is worth less than $12 billion.  But if you sold off Philips in pieces, it would be worth more than $12 billion.  Why?  Because that $12 billion bakes in the litigation risk which devalues the company.  

October 21, Update: SoClean Inc. recently filed an amended complaint in its lawsuit accusing Philips of making false statements to place blame for the massive CPAP recall on the SoClean ozone machines that were used to disinfect CPAP devices. The newly amended complaint contains a wealth of new factual allegations against Philips based on information obtained through discovery in the CPAP Recall MDL. Among other things, SoClean cites the internal documents indicating that Philips was aware of the design flaw with its foam 7 years before the CPAP recall. 

October 16, 2022 Update: Thousands of individuals who claim they were injured by recalled Philips CPAP machines are expected to file cases in the CPAP recall class action lawsuit over the next few months. To make this large influx of new case filings more efficient, the MDL Judge recently issued an order requiring all new plaintiffs to use the court-approved Short Form Complaint when filing. Short complaint forms are common in MDL class action lawsuits and they help streamline the process of bulk lawsuit filings. 

October 2, 2022 Update: A new claim registry has been established in the Philips CPAP class action lawsuit to replace the current system of tolling agreements. The claim registry will permit prospective CPAP plaintiffs to formally register their product liability claim against Philips without actually filing a lawsuit. 

Claim registry systems like this are common in mass tort MDLs and a similar system was used in the Zantac cancer litigation. The registry allows claimants to toll the statute of limitations on their claim without having to file suit. It also gives the MDL Court and the parties more valuable information about the scope and size of the potential plaintiff field.